I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/21/93 at 17:20:24. Database: USCODE Search: (31:CITE) ------DocID 39145 Document 1 of 536------ -CITE- 31 USC TITLE 31 -EXPCITE- TITLE 31 -HEAD- TITLE 31 - MONEY AND FINANCE -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 97-258, SEC. 1, SEPT. 13, 1982, 96 STAT. 877 Subtitle Sec. I. General 101 II. The Budget Process 1101 III. Financial Management 3101 IV. Money 5101 V. General Assistance Administration 6101 VI. Miscellaneous 9101 Table Showing Disposition of All Sections of Former Title 31 --------------------------------------------------------------------- Title 31 Former Sections Title 31 New Sections --------------------------------------------------------------------- 1 Rep. 2 701, 1101 11(a) 1105 11(b), (c) 1106 11(d)-(f) 1105 11(g)(1st-3d sentences) 1106 11(g)(last sentence)-(i)(1st 1105 sentence) 11(i)(last sentence),(j) 1108 11(k)(1) 1105 11(k)(2) 1113 11 note 1105 11a 1109 11b. T. 2 Sec. 661 11c 1110 11d 1104 12 Rep. 13 1105 14 1107 15 1108 16(1st sentence) 501 16(2d, 3d sentences) 502 16(last sentence related to 1104 preparation of budgets and appropriations) 16(last sentence related to 1108 appropriations request) 16a 502 16b Rep. 16c 502 17(a)(related to employees) 521 17(a)(related to expenses) 522 17(b), (c) Rep. 18, 18a 1111 18b 1104 18c 1112 19 1105 20 1113 21 1104 22-24 1108 25 1105 26 Rep. 27 1103 28 1114 41 702 42(a)(1st sentence words before 702 comma) 42(a)(1st sentence words after 703 comma, last sentence), (b) 42a 703 43(1st par.) 703 43(2d par. 1st, 2d, 4th, last 772 sentences) 43(2d par. 3d sentence) 779 43(3d par.) 772 43(last par.) 775 43a 703 43b(a)-(c) 773 43b(d), (e) 774 43b(f) 776 43b(g) 771 43b(h) 778 43b(i), (j)(less last 13 words 775 before colon) 43b(j)(last 13 words before colon) 776 43b(k) 775 43b(l), (m) 776 43b(n), (o) 774 43b(p) 771 43b(q) 773 43b(r) 779 43c 777 44(1st sentence) 711, 731, 3301, 3323, 3324, 3521, 3522, 3526, 3529, 3531, 3541, 3702, (See Sec. 2(b) of Pub. L. 97-258) 44(2d, last sentences) 3526 45 Rep. 46 704 46a to 48 Rep. 49 3511 49a 5120 50, 51 Rep. 51-1 702 51a, 52(a), (b) 731 52(c), (d) 711 52-1(related to appointment, pay 731 and assignment) 52-1(related to direct) 711 52-2 732 52-3(a)-(d) 751 52-3(e)-(g) 752 52-3(h) 753 52-3(i) 754 52-3(j), (k) 753 52-3(l) 755 52-3(m) 753 52-4(a) 733 52-4(b) 731 52-5 732 52-6 735 52-7 736 52a Rep. 52b, 52c 731 53(a)(1st sentence words before 712 5th comma) 53(a)(1st sentence words after 719 5th comma, last sentence) 53(b) 712 53(c)-(e) 719 53(f) 718 54 716 55 Rep. 56 731 57, 58 Rep. 59, 60(1st sentence) 712 60(last sentence) 719 61 715 65(a)-(e) Rep. 65(f) 3511 65a 3501 65b 3521 66(a) 3511 66(b)(less Treasury Department) 3512 66(b)(related to Treasury 3513 Department) 66(c) 3512 66a 3512 66b 3513 66c 3326 66d 3514 67(a)-(c) 3523 67(d)(1)-(3) 713 67(d)(4) 719 67(e)(1)-(5), (7) 714 67(e)(6)(A) 719 67(e)(6)(B) 718 67(f) 3524 68 9501 68a 9503 68b 9504 68c, 68d 9502 71(related to accounts) 3526 71(related to claims) 3702 71a 3702 72, 73 Rep. 74(1st, 2d pars., last par. words 3526 after 4th comma) 74(last par. words before 4th 3529 comma) 75 3521 76(1st, last sentences) 3324 76(2d, 3d sentences) 3323 77 3323 78 3522 79 Rep. 80-80c 3522 81 3522 82 3521 82a 3325 82a-1, 82a-2 3527 82b 3325 82b-1 3521 82c 3528 82d(words before semicolon) 3541 82d(words after semicolon) 3529 82e(related to 31:82b) 3325 82e(related to 31:82c) 3528 82e(related to 31:82d) 3529 82f(related to disbursing 3325 officers) 82f(related to certifying 3528 officers) 82g(related to disbursing 3322 officers) 82g(related to certifying 3528 officers) 82h T. 7 Sec. 1032a 82i 3526 82j to 82p Rep. 83, 84 Rep. 85 T. 48 Sec. 1469-1 86 3702 87, 88 Rep. 89-92 3531 93, 94 Rep. 95 T. 10 Sec. 4842 95a 3527 95b(related to Army, Navy, Air T. 10 Sec. 2777 Force) 95b(related to State Department) T. 22 Sec. 2668 96-102 Rep. 103 T. 10 Sec. 2778 103a T. 10 Sec. 2773 103b T. 10 Sec. 2773 104 T. 10 Sec. 7861 105 Rep. 106 T. 10 Sec. 7862 107 3526 107a Rep. 108 T. 10 Sec. 7231 109-116 Rep. 117 711 118-121 Rep. 122 3702 123(words before 1st proviso) 3329 123(provisos) 3330 124(1st par.) 3329 124(last par.) 3330 125(1st par.) 3329 125(last par.) 3330 126 3329 127 321 128 3329 129-131 3712 132 3328 133 Rep. 134 3328 135 3525 141 301 142-146 Rep. 147(less disbursement) 3301 147(related to disbursement) 3323 148-154 Rep. 155 (See former 1003) 156 3333 157 327 161, 162 Rep. 163 329 164-166 Rep. 171 303 172, 173 Rep. 174 5144 175 5155 176 Rep. 177 5114 178, 179 Rep. 180 5141 181 5143 181 note 5142 181a 5142 181b, 181c 5141 181d, 181e Rep. 191, 192 3713 193 9309 194 Rep. 195 3715 196-199 Rep. 200(a) 1501 200(b), (c) 1108 200(d) 1502 200(e) 1501 201, 202 Rep. 203 3727 204-206 Rep. 207 3714 208-214 Rep. 215 3723 215a Rep. 216, 217 3723 218-224 Rep. 224a, 224a note 3725 224b, 224b note 3724 224c to 226 Rep. 227 3728 228 Rep. 229 T. 2 Sec. 190l 230 T. 2 Sec. 190m 231 3729 232(A)-(E) 3730 232(F) 3731 233 3730 234 Rep. 235 3731 236, 237 3702 237a 3712 238, 238 note 3722 239 3727 240(1), (2), (4) 3701 240(3) 3721 241(a)-(d) 3721 241(e) Rep. 241(f) 3721 242-243a 3721 243a note 3721 244 3726 251(1st sentence words after 1st 5131 comma) 251(less 1st sentence words after 304 1st comma) 252 Rep. 253 5132 254 Rep. 261 5131 262 Rep. 263 5131 264-271 Rep. 272 5111 273(1st, 2d sentences) 5132 273(last sentence) 5122 274 5121 275 5111 276 5112 277 5121 278, 279 5131 280 Rep. 281 5131 282 Rep. 283(1st sentence) 5131 283(2d, last sentences) 5133 284-286 Rep. 287 5131 291 Rep. 292 5131 293, 294 Rep. 301-304 Rep. 311-315a Rep. 315b 5118 316-316d Rep. 317(a), (b) 5112 317(c) Rep. 317a, 317b Rep. 317c 5120 317d to 317e-1 Rep. 317f 321 318-320 Rep. 321 5112 322 5111 323 Rep. 324 5112 324a 5114 324b to 324c 5112 324d, 324e Rep. 324f 5131 324g Rep. 324h 5111 324i Rep. 325 5121 326 Rep. 327-330 5121 331, 332 5122 333 Rep. 334 5122 335 5116 336-339 Rep. 340 5111 341 Rep. 342 5111 343, 344 5121 345 5111 346 5112 347 5121 348, 349 Rep. 350, 351 5113 352 Rep. 353 5111 354-356 5133 357, 358 5122 359 Rep. 360 5121 361(1st sentence words before 1st 5131 comma) 361(1st sentence words after 1st 5132 comma, last sentence) 362 5121 363 Rep. 364 5102 365 5133 366 Rep. 367, 368 5111 369 5132 370 Rep. 371 5101 372 5151 373-388o Rep. 391(a) 5111 391(b)-(d) 5112 392 5103 393(a) 5111 393(b) Rep. 394 5116 395, 396 5111 397 321 398(1)-(4), (6) 5112 398(5) 5113 399 5112 401, 402 5115 403 Rep. 404 5119 405, 405a Rep. 405a-1 5116 405a-2, 405a-3 5119 405b 5117 406-408 Rep. 408a(last proviso) 5117 408a(less last proviso) 5119 408b to 412 Rep. 413-416 5114 417 Rep. 418, 418a 5114 419 5114 420 5119 421, 422 5120 423 Rep. 424 5153 425, 426 5154 427 321 428-430 Rep. 440 Rep. 441 5117 442, 443 Rep. 444(1st sentence words between 2d 5119 and 3d semicolons) 444(less 1st sentence words Rep. between 2d and 3d semicolons) 445, 446 Rep. 448-448e Rep. 449 Rep. 449a 5152 449b, 449c Rep. 451-455 Rep. 456 5103 457-462 Rep. 463, 463 note 5118 471 Rep. 472 302 473 3303 474-483 Rep. 483a 9701 483b T. 10 Sec. 1042 484 3302 485 Rep. 486 321 486a to 488 Rep. 488a T. 16 Sec. 580o-2 488b to 488b-2 Rep. 488b-3 T. 16 Sec. 580o 488b-4 T. 16 Sec. 580o-1 488b-5 T. 16 Sec. 580o-3 488b-6 T. 16 Sec. 580o-4 489 T. 40 Sec. 485a 489a T. 10 Sec. 2636 490 3302 491 Rep. 492(a) 3322 492(b)-(d) 3332 492 note 3332 492-1 3321 492-2 Rep. 492a-492c 3342 492d Rep. 493 T. 10 Sec. 4841 493a T. 10 Sec. 2776 493b, 494 Rep. 495 3302 495a Rep. 496, 497 3522 497a 3532 498 3522 499-504b Rep. 505 3545 506, 507 3541 508 3542 509 Rep. 510-513 3542 514 3541 516 3541 517-519 3543 520 3544 521 3302 522 3304 523, 524 Rep. 525 3302 526 3327 527 3328 528(a)-(c) 3331 528(d) 321 528(e) Rep. 528(f), (g) 3331 528(h) Rep. 529 3324 529a Rep. 529b T. 19 Sec. 2076 529c T. 19 Sec. 2077 529d T. 19 Sec. 2078 529e T. 19 Sec. 2079 529f T. 19 Sec. 2080 529g, 529h Rep. 529i, 529j T. 10 Sec. 2395 530 Rep. 530a, 530b 3324 531 T. 15 Sec. 196 532 T. 28 Sec. 571 533 Rep. 534 T. 16 Sec. 556d 535 T. 22 Sec. 268b 536, 537 T. 10 Sec. 2777 538 3526 539, 540 T. 10 Sec. 2777 541 3526 542, 543 Rep. 544 3341 545 3302 546 Rep. 547 T. 22 Sec. 2668a 547a 9702 548 3305 549 Rep. 550 T. 33 Sec. 877 551, 552 1345 553 T. 42 Sec. 3514 554 Rep. 555 T. 26 Sec. 4986 note 561-563a 3343 564 321 571 Rep. 581 1104 581 note 1303 581a 1104 581b 1108 581c 1531 581c-1 Rep. 581d 3530 582-622 Rep. 623 1104 624-626 Rep. 627, 628 1301 628-1 1532 628-2, 628-3 T. 10 Sec. 2779 628a 1534 629-638 Rep. 638a(a)-(c)(1) 1343 638a(c)(2)(1st, last sentences) 1344 638a(c)(2)(2d sentence) 1349 638a(d) Rep. 638a(e) 1343 638a-1 1343 638b T. 33 Sec. 576a 638c 1343 note 638d, 638e 1343 638f Elim. 639-649 Rep. 649a T. 10 Sec. 956 note 649b Rep. 649c T. 10 Sec. 2394 650 Rep. 650a T. 37 Sec. 406 650b to 660 Rep. 661 T. 33 Sec. 878 662 T. 16 Sec. 754a 663, 663a Rep. 664 Rep. 665(a) 1341 665(b) 1342 665(c)(less (1)(last sentence)) 1512 665(c)(1)(last sentence) 1511 665(d)(1), (2)(1st-4th sentences, 1513 6th sentence 1st-22d words) 665(d)(2)(5th sentence, 6th 1511 sentence less 1st-22d words) 665(d)(2)(last sentence related 1341 to spending and obligations) 665(d)(2)(last sentence related 1342 to voluntary services) 665(d)(2)(last sentence related 1511 to price supports) 665(e) 1515 665(f)(1) 1516 665(f)(2) 1511 665(g)(1st sentence) 1513 665(g)(less 1st sentence) 1514 665(h) 1517 665(i)(1)(words before semicolon 1549 related to (a), (b)) 665(i)(1)(words after semicolon 1550 related to (a), (b)) 665(i)(1)(words before semicolon 1518 related to (h)) 665(i)(1)(words after semicolon 1519 related to (h)) 665(i)(2)(related to (a), (b)) 1351 665(i)(2)(related to (h)) 1517 665a 1515 665b 1502 666 T. 10 Sec. 4541 667 Rep. 668 T. 41 Sec. 11a 668a 1308 669(words before semicolon) 1513 669(words after semicolon) 1341 670 1302 671 T. 2 Sec. 68-2, 95a 671a Rep. 672, 673 1346 674-678 Rep. 679-680a 1348 681 Rep. 682 1307 683-685 Rep. 685a 1537 686(a) 1535 686(b) 1536 686(c) 1535 686-1 1535 686-2 3324 686a Rep. 686b(a), (b), (c)(related to 1535 31:686, 686b) 686b(c)(related to 31:686) 1536 686c to 688 Rep. 689 T. 40 Sec. 166a-1 690 Rep. 691 1346 692 T. 43 Sec. 1470 693 T. 43 Sec. 1471 693a T. 28 Sec. 524 694, 695 Rep. 696 1347 697 1533 698 T. 32 Sec. 107 698a T. 37 Sec. 1012 699 T. 42 Sec. 2459a 699a 1309 699b T. 5 Sec. 3101 note 700 T. 10 Sec. 1584 note 700a, 700b Elim. 700c Rep. 700d T. 38 Sec. 203 701(a), (b) 1552 701(c)(1st sentence) 1551 701(c)(last sentence), (d) 1552 702 1553 703(a) 1554 703(b) 1556 704 Rep. 705 1552 706 1555 707 1551 708 1557 711(1)-(3) 1305 711(4)-(11) Rep. 711(11a)-(23) 1305 712 Rep. 712a 1502 712b to 716 Rep. 717, 718 1301 719, 720 Rep. 721 1310 722 T. 2 Sec. 30 723, 723a T. 10 Sec. 2661a 724 1306 724a(1st sentence) 1304 724a(last sentence) T. 39 Sec. 409 725 Rep. 725a to 725d Elim. 725e Rep. 725f Elim. 725g Rep. 725h T. 24 Sec. 21b 725i to 725k Rep. 725l, 725m Elim. 725n, 725o Rep. 725p(a)(last sentence) 331 725p(less (a)(last sentence)) Rep. 725p note 1322 725p-1 1322 725q(a)(last sentence) 331 725q(less (a)(last sentence)) Rep. 725q-1 1322 725q-1a 1324 725q-2 T. 18 Sec. 3150a 725r 1323 725s(less (a)(last sentence last 1321 proviso)) 725s(a)(last sentence last 1322 proviso) 725s-1 T. 25 Sec. 385a 725s-2 T. 25 Sec. 385b 725s-3 T. 25 Sec. 385c 725s-4 T. 18 Sec. 4043 725t, 725u Rep. 725v(a) Rep. 725v(b)(related to marshals) T. 28 Sec. 572a 725v(b)(related to clerks) T. 28 Sec. 2043 725w 1503 725x to 725z Rep. 731-733(words before semicolon) 3123 733(words after semicolon), 734 5116 734a to 738 Rep. 738a 3125 739 3121 740 3127 741 Rep. 741a 324 742, 742a 3124 743-751 Rep. 752(1st-4th pars. less 2d par. 3102 form of bonds) 752(2d par. related to form of 3121 bonds) 752(last par.) 3107 752a Rep. 753(a)(less form of notes, 3103 certificates of indebtedness, and Treasury bills) 753(a)(related to form of notes, 3121 certificates of indebtedness, and Treasury bills) 753(b) Rep. 753(c) 3103 753(d)(1st sentence) 3108 753(d)(2d sentence) 3123 753(d)(last sentence related to 3122 31:771) 753(d)(last sentence less related 3129 to 31:771) 754(a)(less form of certificates 3104 of indebtedness and Treasury bills, finality) 754(a)(related to form of 3121 certificates of indebtedness and Treasury bills, finality) 754(b) Rep. 754(c) T. 12 Sec. 221 754(d) Rep. 754a 3111 754b 3121 755-757 Rep. 757a (See former 405b) 757b, 757b-1 3101 757b-2 Rep. 757c(a)-(d)(1st sentence) 3105 757c(d)(last sentence) 3108 757c(e) 3129 757c(f), (g) Rep. 757c(h) 3105 757c(i)(1st-6th sentences) 3126 757c(i)(last sentence) 331 757c(j) 3105 757c-1 Rep. 757c-2(a)-(c)(1st sentence) 3106 757c-2(c)(last sentence) 3108 757c-2(d) 3106 757c-3 3109 757c-4, 757c-5 3121 757d 3128 757e 3113 757f 331 758 3108 759-761 3129 761a to 765 Rep. 766 3123 767 3112 767a Rep. 767b 3112 768(words before semicolon) 3123 768(words after semicolon) 3121 769, 770 Rep. 771, 772 3122 772a 3121 773 Rep. 773a-773d 5118 774 Rep. 801-804 3110 804a to 809 Rep. 821 5301 822 5304 822a(a)-(c) 5302 822a(d) 325 822b 5117, 5119, 5304 823, 824 Rep. 841 Rep. 846 9101 847, 848 9103 849 9104 850 9105 851 9106 852 9109 856 9101 857 9105 858 9106 859 1105 866 9105 867 9107 868(less (d)(1st sentence related 9108 to 31:867)) 868(d)(1st sentence related to 9107 31:867) 869(a) 9102 869(b) Rep. 870 9107 871 Rep. See T. 40 Sec. 33a 901-904 3113 911 5119 912, 913 Rep. 914-917 5119 931-937 Rep. 938 5303 951 3701 952(a)-(d)(3) 3711 952(d)(4) 3701 952(e)(1)(1st to 3d sentences) 3717 952(e)(1)(last sentence) 3701 952(e)(2)-(7) 3717 952(e)(8) 3701 952(f) 3718 952 note 3711 953 3711 note 954(a)-(d) 3716 954(e) 3701 955 3719 971-973 Rep. 1001 301 1002(less words between 4th and 321 5th semicolons) 1002(words between 4th and 5th 331 semicolons) 1003 329 1004-1005a 301 1006, 1007 301 1008 Rep. 1009 301 1010(related to seal) 301 1010(related to books, papers, Rep. and records) 1011 321 1012, 1013 Rep. 1014 328 1015 Rep. 1016 309 1017 321 1018 329 1019 Rep. 1020 1102 1020-1, 1020a Rep. 1021, 1022 Rep. 1023(a) 321 1023(b) 3302 1023(c) T. 18 Sec. 3059 1024 321 1025 Rep. 1026 330 1027 331 1028 Rep. 1029, 1030 331 1031, 1032 326 1033 322 1034 T. 21 Sec. 967 1035 T. 21 Sec. 968 1036 T. 21 Sec. 969 1037 T. 26 Sec. 7802 1038 323 1051 5311 1052(a)-(i) 5312 1052(j) 5319 1052(k) Rep. 1052(l) 5312 1053 321 1054(a), (b)(1st sentence) 5318 1054(b)(last sentence related to 5321 civil penalties) 1054(b)(last sentence related to 5322 criminal penalties) 1055 5318 1056 5321 1057 5320 1058, 1059 5322 1060 Rep. 1061 5319 1062 Rep. 1081-1083 5313 1101 5316 1102 5317 1103, 1104 5321 1105 5317 1121, 1122 5314 1141, 1142 5315 1143(a) 5321 1143(b)(words before last comma) 5320 1143(b)(words after last comma) 5321 1151, 1152(a), (b) 1112 1152(c)-(f) 1113 1153(a)-(c) 1113 1153(d) 1112 1154(a)-(c) 717 1154(d)(1st sentence) 702 1154(d)(last sentence) 731 1154(e) 719 1155(a) 702 1155(b) 719 1156 Rep. 1157 717, 719, 720, 1112 1171-1174 719 1175(a) 734 1175(b) 719 1175(c) 734 1176 720 1201 9302 1202 3530 1203, 1204 Rep. 1221 6702 1222, 1223 Rep. 1224(a)(1), (2)(related to 6703 trustee) 1224(a)(2)(related to report) 6724 1224(b) Rep. 1224(c), (d), (e) 6703 1225(a), (b) 6707 1225(c) Rep. 1226(a)(1)(A) 6705 1226(a)(1)(B) 6707 1226(a)(2) 6705 1226(b) 6706 1226(c) Rep. 1227(a), (b)(1) 6708 1227(b)(2), (3) 6709 1227(b)(4) 6708 1227(b)(5) 6709 1227(b)(6), (7) 6712 1227(c) 6711 1227(d) 6701 1227(e) 6710 1228(a)(1) 6713 1228(a)(2) 6707 1228(a)(3) 6701 1228(a)(4) 6707 1228(a)(5) 6702 1228(a)(6) 6712 1228(a)(7) 6713 1228(b) 6707 1228(c)(1) 6707 1228(c)(2)(A) 6701 1228(c)(2)(B) 6707 1228(d) 6708 1228(e) 6709 1228(f)(1) 6707 1228(f)(2) 6708 1228(f)(3), (last sentence) 6709 1228(g) 6707 1228(h) 6713 1241(a) 6724 1241(b), (c) 6714 1241(d) 6724 1241(e) 6714, 6724 1241(f) 6724 1241(g) 6714 1242(a) 6716 1242(b)(1)-(3)(B)(1st sentence) 6717 1242(b)(3)(B)(2d sentence) 6718 1242(b)(3)(B)(last sentence) 6717 1242(b)(3)(C) 6718 1242(b)(3)(D), (E) 6717 1242(c)(1) 6701 1242(c)(2), (3)(related to 6717 proceedings) 1242(c)(3)(related to suspensions 6718 and terminations) 1242(c)(4) 6701 1242(d) 6719 1242(e), (f) 6718 1242(g) 6720 1242(h) 6716 1243(a), (b) 6704 1243(c) 6723 1243(d) 6715 1243 note 7301-7305 1244 6721 1245 6723 1261(a) 6703, 6724 1261(b)(1)-(7) Rep. 1261(b)(8) 6701 1261(c) 6701 1262(a) 321 1262(b) Rep. 1263 6722 1264 6713 1265 Rep. 1301 T. 2 Sec. 621 1302 T. 2 Sec. 622 1303 T. 2 Sec. 623 1321 T. 2 Sec. 631 1322 T. 2 Sec. 632 1323 T. 2 Sec. 633 1324 T. 2 Sec. 634 1325 T. 2 Sec. 635 1326 T. 2 Sec. 636 1327 T. 2 Sec. 637 1328 T. 2 Sec. 638 1329 T. 2 Sec. 639 1330 T. 2 Sec. 640 1331 T. 2 Sec. 641 1332 T. 2 Sec. 642 1351 T. 2 Sec. 651 1352 T. 2 Sec. 652 1353 T. 2 Sec. 653 1400 T. 2 Sec. 681 1401 T. 2 Sec. 682 1402 T. 2 Sec. 683 1403 T. 2 Sec. 684 1404 T. 2 Sec. 685 1405 T. 2 Sec. 686 1406 T. 2 Sec. 687 1407 T. 2 Sec. 688 1501-1510 Rep. 1521-1531 Elim. 1601 6902 1602 6903 1603 6904 1604 6903 1605 6902 1606 6901 1607 6906 1701 6101 1702 Rep. 1703 6102 1704(a)-(c) 6103 1704(d), (e) 6102 1705 6104 1706 Rep. 1707 6105 1801(a)(1) 3902 1801(a)(2) 3903 1801(b)-(d) 3902 1802 3904 1803 3906 1804 3905 1805-1806 3901 ------------------------------- ENACTING CLAUSE Section 1 of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877, provided in part that: 'Certain general and permanent laws of the United States, related to money and finance, are revised, codified, and enacted as title 31, United States Code, 'Money and Finance'. . . .' LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS Section 4(a) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: 'Sections 1-3 of this Act restate, without substantive change, laws enacted before April 16, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after April 15, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.' REFERENCES TO OTHER LAWS Section 4(b) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: 'A reference to a law replaced by sections 1-3 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.' OUTSTANDING ORDERS, RULES, AND REGULATIONS Section 4(c) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: 'An order, rule, or regulation in effect under a law replaced by sections 1-3 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.' SAVINGS PROVISION Section 4(d) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: 'An action taken or an offense committed under a law replaced by sections 1-3 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.' LEGISLATIVE CONSTRUCTION Section 4(e) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: 'An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision.' SEVERABILITY Section 4(f) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877, provided that: 'If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' REPEALS Section 6(a) of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, provided that: 'The repeal of a law enacted by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 6(b) of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Feb. 14, 1984. Section 4(a) of Pub. L. 97-452, Jan. 12, 1983, 96 Stat. 2479, provided that: 'The repeal of a law enacted by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 4(b) of Pub. L. 97-452, Jan. 12, 1983, 96 Stat. 2480, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983. Section 5(a) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1068, provided that: 'The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 5(b) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1068, repealed the sections or parts thereof of the Revised Statutes or Statutes at Large codified in this title, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Sept. 13, 1982. IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 98-216; LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS AND SEPARABILITY OF PROVISIONS Pub. L. 98-216, Sec. 5, Feb. 14, 1984, 98 Stat. 7, provided that: '(a) Sections 1-4 of this Act restate, without substantive change, laws enacted before April 1, 1983, that were replaced by those sections. Sections 1-4 may not be construed as making a substantive change in the laws replaced. Laws enacted after March 31, 1983, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1-4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1-4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1-4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. '(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 97-452; LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS AND SEPARABILITY OF PROVISIONS Pub. L. 97-452, Sec. 3, Jan. 12, 1983, 96 Stat. 2479, provided that: '(a) Sections 1 and 2 of this Act restate, without substantive change, laws enacted before December 1, 1982, that were replaced by those sections. Sections 1 and 2 may not be construed as making a substantive change in the laws replaced. Laws enacted after November 30, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. '(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 26 section 6050I; title 40 section 490b. ------DocID 39315 Document 2 of 536------ -CITE- 31 USC CHAPTER 31 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 -HEAD- CHAPTER 31 - PUBLIC DEBT -MISC1- SUBCHAPTER I - BORROWING AUTHORITY Sec. 3101. Public debt limit. 3102. Bonds. 3103. Notes. 3104. Certificates of indebtedness and Treasury bills. 3105. Savings bonds and savings certificates. 3106. Retirement and savings bonds. 3107. Increasing interest rates and investment yields on retirement bonds. 3108. Prohibition against circulation privilege. 3109. Tax and loss bonds. 3110. Sale of obligations of governments of foreign countries. 3111. New issue used to buy, redeem, or refund outstanding obligations. 3112. Sinking fund for retiring and cancelling bonds and notes. 3113. Accepting gifts. SUBCHAPTER II - ADMINISTRATIVE 3121. Procedure. 3122. Banks and trust companies as depositaries. 3123. Payment of obligations and interest on the public debt. 3124. Exemption from taxation. 3125. Relief for lost, stolen, destroyed, mutilated, or defaced obligations. 3126. Losses and relief from liability related to redeeming savings bonds and notes. 3127. Credit to officers, employees, and agents for stolen Treasury notes. 3128. Proof of death to support payment. 3129. Appropriation to pay expenses. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 2 sections 651, 1105; title 5 sections 8348, 8438; title 7 sections 903, 934, 947, 1032, 1516, 1929, 1929a, 1988; title 12 sections 635b, 635c, 635d, 1431, 1441a, 1455, 1701g-5b, 1701q, 1719, 1721, 1723g, 1723h, 1783, 1824, 2278b, 2279aa-13, 2288; title 15 sections 78q, 78q-1, 78ddd, 633, 713a-4, 1848, 2509; title 16 sections 831n-1, 831n-3, 831n-4, 838k, 1606a; title 18 section 412d; title 20 sections 76o, 1081, 1087-2, 1132g, 2009, 4510, 4707, 5202; title 22 sections 282e, 283e, 284e, 286e, 286m, 1980, 2195, 2906; title 26 sections 454, 1037; title 29 sections 773, 1305; title 30 section 1144; title 33 section 985; title 38 section 1823; title 39 section 2007; title 40 section 875; title 42 sections 291j-6, 293f, 293i, 294g, 300e-7, 300q-2, 401, 1104, 1395e, 1395i, 1395t, 1437b, 1440, 1481, 1487, 2210, 2414, 5308, 10156, 10222; title 45 sections 231n, 602, 664, 720, 832; title 46 App. sections 1241h, 1275; title 48 section 1574b; title 50 section 167j; title 50 App. section 2312. ------DocID 6949 Document 3 of 536------ -CITE- 2 USC Sec. 31-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31-1. Maximum amount of honoraria which may be accepted by Members of Congress -STATUTE- (a) Definitions For the purposes of this section - (1) 'charitable organization' means an organization described in section 170(c) of title 26; (2) 'honorarium' means a payment of money or anything of value to a Member for an appearance, speech, or article, by the Member; but there shall not be taken into account for the purposes of this section any actual and necessary travel expenses, incurred by the Member, and spouse or child or an aide to the extent that such expenses are paid or reimbursed by any other person, and the amount otherwise determined shall be reduced by the amount of any such expenses to the extent that such expenses are not paid or reimbursed; (3) 'Member' means a Senator; and (4) 'travel expenses' means with respect to a Member, and spouse or child or an aide, the cost of transportation, and the cost of lodging and meals while away from his or her residence or the metropolitan area of Washington, District of Columbia. (b) Maximum as percentage of aggregate salary (1) Notwithstanding any other provision of law, except as provided in paragraph (2), on and after January 1, 1984, a Member shall not accept honoraria which are attributable to any calendar year and total more than the amount that is equal to 40 percent of the aggregate salary paid to such Member for service as a Member during such calendar year. (2) An individual who becomes a Member on a date after the first day of a calendar year shall not accept honoraria which are attributable to the remaining portion of that calendar year on and after the date such individual becomes a Member and total more than the amount that is equal to 40 percent of the aggregate salary paid to the Member for service as a Member during such calendar year. (3) For the purposes of this subsection, an honorarium shall be attributable to the period or calendar year in which payment is received. (4) Notwithstanding the provisions of this subsection - (A) the percentage referred to under paragraphs (1) and (2) shall be 27 percent as such paragraphs apply to United States Senators in the calendar year beginning on January 1, 1990; (B)(i) beginning on and after January 1, 1991, if the aggregate salary of a United States Senator is increased pursuant to section 31(2) of this title, chapter 11 of this title, or any other provision of law, the percentage referred to under paragraphs (1) and (2) (with respect to United States Senators) shall be reduced by a percentage resulting in a dollar amount decrease in the limit of honorarium for each dollar amount of increase of such aggregate salary; and (ii) beginning on January 1 of the calendar year in which the adjustments under clause (i) of this subparagraph result in a limitation of accepting honoraria less than or equal to 1 percent of the aggregate salary paid to United States Senators for service as Senators in such calendar year, the acceptance of honoraria shall be prohibited, and thereafter no Senator shall accept honoraria. (c) Honoraria paid to charitable organizations Any honorarium, or any part thereof, paid by or on behalf of a Member to a charitable organization shall be deemed not to be accepted for the purposes of subsection (b) of this section. -SOURCE- (Pub. L. 98-63, title I, Sec. 908(a)-(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99-190, Sec. 137, Dec. 19, 1985, 99 Stat. 1323; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-194, title VI, Sec. 601(b)(2), title XI, Sec. 1101(b), Nov. 30, 1989, 103 Stat. 1762, 1782; Pub. L. 101-280, Sec. 7(b)(2) ((d)(2)), May 4, 1990, 104 Stat. 161.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1983. -MISC3- AMENDMENTS 1990 - Subsec. (a)(2), (4). Pub. L. 101-280 inserted 'or child' after 'spouse'. 1989 - Subsec. (a)(3). Pub. L. 101-194, Sec. 601(b)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ' 'Member' means a United States Senator, a Member of the House of Representatives, a Delegate to the House of Representatives, or the Resident Commissioner from Puerto Rico; and'. Subsec. (b)(4). Pub. L. 101-194, Sec. 1101(b), added par. (4). 1986 - Subsec. (a)(1). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1985 - Subsec. (b)(1), (2). Pub. L. 99-190 substituted '40 percent' for '30 percent'. EFFECTIVE DATE OF 1989 AMENDMENT Section 603 of title VI of Pub. L. 101-194 provided that: 'The amendments made by this title (amending this section, section 441i of this title, title V of the Ethics in Government Act of 1978, Pub. L. 95-521, set out in the Appendix to Title 5, Government Organization and Employees, and section 7701 of Title 26, Internal Revenue Code) shall take effect on January 1, 1991. Such amendments shall cease to be effective if the provisions of section 703 (5 U.S.C. 5318 note) are subsequently repealed, in which case the laws in effect before such amendments shall be deemed to be reenacted.' EFFECTIVE DATE OF 1985 AMENDMENT Section 137 of Pub. L. 99-190 provided that the amendment made by that section is effective on and after Jan. 1, 1986. SPECIAL RULE FOR EFFECTIVE DATE OF ADJUSTMENTS OF PAY AND HONORARIA Section 1101(c) of Pub. L. 101-194 provided that: 'Notwithstanding any other provision of this section (amending this section and enacting provisions set out as a note under section 5303 of Title 5, Government Organization and Employees), no adjustment in any rate of pay and section 908(b)(4)(A) of the Supplemental Appropriations Act, 1983 (2 U.S.C. 31-1(b)(4)(A)), as added by subsection (b) of this section, shall become effective, as a result of the enactment of this section, before the first applicable pay period beginning on or after the date as of which the order issued by the President on October 16, 1989 (2 U.S.C. 902 note), pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is rescinded.' ------DocID 6950 Document 4 of 536------ -CITE- 2 USC Sec. 31-2 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31-2. Gifts and travel -STATUTE- (a) Gifts (1) No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $100 during a calendar year directly or indirectly from any person, organization, or corporation having a direct interest in legislation before the Congress or from any foreign national unless, in an unusual case, a waiver is granted by the Select Committee on Ethics. (2) No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $300 during a calendar year from any person, organization, or corporation unless, in an unusual case, a waiver is granted by the Select Committee on Ethics. (3) In determining the aggregate value of any gift or gifts accepted by an individual during a calendar year from any person, organization, or corporation, there may be deducted the aggregate value of gifts (other than gifts described in paragraph (5)) given by such individual to such person, organization, or corporation during that calendar year. (4) For purposes of this subsection, only the following shall be deemed to have a direct interest in legislation before the Congress: (A) a person, organization, or corporation registered under the Federal Regulation of Lobbying Act of 1946 (2 U.S.C. 261 et seq.), or any successor statute, a person who is an officer or director of such a registered lobbyist, or a person who has been employed or retained by such a registered lobbyist for the purpose of influencing legislation before the Congress; or (B) a corporation, labor organization, or other organization which maintains a separate segregated fund for political purposes (within the meaning of section 441b (FOOTNOTE 1) of this title), a person who is an officer or director of such corporation, labor organization, or other organization, or a person who has been employed or retained by such corporation, labor organization, or other organization for the purpose of influencing legislation before the Congress. (FOOTNOTE 1) See References in Text note below. (5) The prohibitions of this subsection do not apply to gifts - (A) from relatives; (B) with a value of less than $75; or (C) of personal hospitality of an individual. (6) For purposes of this subsection - (A) the term 'foreign national' means a person acting directly or indirectly on behalf of a foreign corporation, partnership, or business enterprise, a foreign trade, cultural, educational, or other association, a foreign political party, or a foreign government; (B) the term 'gift' means a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, including food, lodging, transportation, or entertainment, and reimbursement for other than necessary expenses, unless consideration of equal or greater value is received, but does not include (1) a political contribution otherwise reported as required by law, (2) a loan made in a commercially reasonable manner (including requirements that the loan be repaid and that a reasonable rate of interest be paid), (3) a bequest, inheritance, or other transfer at death, (4) a bona fide award presented in recognition of public service and available to the general public, (5) a reception at which the Member, officer, or employee is to be honored, provided such individual receives no other gifts that exceed the restrictions in this rule, other than a suitable memento, (6) meals or beverages consumed or enjoyed, provided the meals or beverages are not consumed or enjoyed in connection with a gift of overnight lodging, or (7) anything of value given to a spouse or dependent of a reporting individual by the employer of such spouse or dependent in recognition of the service provided by such spouse or dependent; and (C) the term 'relative' has the same meaning given to such term in section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95-521). (FOOTNOTE 1) (7) If a Member, officer, or employee, after exercising reasonable diligence to obtain the information necessary to comply with this rule, unknowingly accepts a gift described in paragraph (1) such Member, officer, or employee shall, upon learning of the nature of the gift and its source, return the gift or, if it is not possible to return the gift, reimburse the donor for the value of the gift. (8)(A) Notwithstanding the provisions of this subsection, a Member, officer, or employee of the Senate may participate in a program, the principal objective of which is educational, sponsored by a foreign government or a foreign educational or charitable organization involving travel to a foreign country paid for by that foreign government or organization if such participation is not in violation of any law and if the select (FOOTNOTE 2) Committee on Ethics has determined that participation in such program by Members, officers, or employees of the Senate is in the interests of the Senate and the United States. (FOOTNOTE 2) So in original. Probably should be 'Select'. (B) Any Member who accepts an invitation to participate in any such program shall notify the Select Committee in writing of his acceptance. A Member shall also notify the Select Committee in writing whenever he has permitted any officer or employee whom he supervises to participate in any such program. The chairman of the Select Committee shall place in the Congressional Record a list of all individuals, (FOOTNOTE 3) participating, the supervisors of such individuals where applicable; (FOOTNOTE 4) and the nature and itinerary of such program. (FOOTNOTE 3) So in original. The comma probably should not appear. (FOOTNOTE 4) So in original. The semicolon probably should be a comma. (C) No Member, officer, or employee may accept funds in connection with participation in a program permitted under subparagraph (A) if such funds are not used for necessary food, lodging, transportation, and related expenses of the Member, officer, or employee. (b) Limits on domestic and foreign travel by Members and staff of Senate The term 'necessary expenses', with respect to limits on domestic and foreign travel by Members and staff of the Senate, means reasonable expenses for food, lodging, or transportation which are incurred by a Member, officer, or employee of the Senate in connection with services provided to (or participation in an event sponsored by) the organization which provides reimbursement for such expenses or which provides the food, lodging, or transportation directly. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for a continuous period in excess of 3 days exclusive of travel time within the United States or 7 days exclusive of travel time outside of the United States unless such travel is approved by the Committee on Ethics as necessary for participation in a conference, seminar, meeting or similar matter. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for anyone accompanying a Member, officer, or employee of the Senate, other than the spouse or child of such Member, officer, or employee of the Senate or one Senate employee acting as an aide to a Member. -SOURCE- (Pub. L. 101-194, title IX, Sec. 901, Nov. 30, 1989, 103 Stat. 1778; Pub. L. 101-280, Sec. 8, May 4, 1990, 104 Stat. 162.) -REFTEXT- REFERENCES IN TEXT The Federal Regulation of Lobbying Act of 1946, referred to in subsec. (a)(4)(A), probably means Federal Regulation of Lobbying Act, act Aug. 2, 1946, ch. 753, title III, 60 Stat. 839, which is classified generally to chapter 8A (Sec. 261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 261 of this title and Tables. Section 441b of this title, referred to in subsec. (a)(4)(B), was in the original 'section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b)', which has been translated as reading section 316 of Pub. L. 92-225, the Federal Election Campaign Act of 1971, as the probable intent of Congress, because of the redesignation of former section 321 of Pub. L. 92-225 as section 316 by section 105(5) of Pub. L. 96-187, and because of the subject matter of the section. Section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95-521), referred to in subsec. (a)(6)(B), was classified to section 707(2) of this title prior to the general amendment of title I of Pub. L. 95-521 by Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1724. Title I of Pub. L. 95-521, as so amended, is set out in the Appendix to Title 5, Government Organization and Employees, and the definition of 'relative' is contained in section 109(16) of Pub. L. 95-521. -MISC2- AMENDMENTS 1990 - Subsec. (a)(5)(D). Pub. L. 101-280, Sec. 8(1)(A), struck out subpar. (D) which read as follows: 'from an individual who is a foreign national if that individual is not acting; directly or indirectly, on behalf of a foreign corporation, partnership or business enterprise, a foreign trade, cultural, educational or other association, a foreign political party or a foreign government.' Subsec. (a)(6)(A) to (C). Pub. L. 101-280, Sec. 8(1)(B), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (b). Pub. L. 101-280, Sec. 8(2), substituted 'or child of such Member' for 'of a Member' and struck out '(and 2 nights)' after 'of 3 days' and '(and 6 nights)' after 'or 7 days'. ------DocID 8027 Document 5 of 536------ -CITE- 5 USC CHAPTER 31 -EXPCITE- TITLE 5 PART III Subpart B CHAPTER 31 -HEAD- CHAPTER 31 - AUTHORITY FOR EMPLOYMENT -MISC1- SUBCHAPTER I - EMPLOYMENT AUTHORITIES Sec. 3101. General authority to employ. 3102. Employment of personal assistants for handicapped employees, including blind and deaf employees. 3103. Employment at seat of Government only for services rendered. 3104. Employment of specially qualified scientific and professional personnel. 3105. Appointment of administrative law judges. 3106. Employment of attorneys; restrictions. 3107. Employment of publicity experts; restrictions. 3108. Employment of detective agencies; restrictions. 3109. Employment of experts and consultants; temporary or intermittent. 3110. Employment of relatives; restrictions. 3111. Acceptance of volunteer service. 3112. Disabled veterans; noncompetitive appointment. SUBCHAPTER II - THE SENIOR EXECUTIVE SERVICE 3131. The Senior Executive Service. 3132. Definitions and exclusions. 3133. Authorization of positions; authority for appointment. 3134. Limitations on noncareer and limited appointments. 3135. Biennial report. 3136. Regulations. SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE 3151. The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. 3152. Limitation on pay. AMENDMENTS 1988 - Pub. L. 100-325, Sec. 1(b), May 30, 1988, 102 Stat. 581, added subchapter III heading and items 3151 and 3152. 1980 - Pub. L. 96-523, Sec. 1(b), Dec. 12, 1980, 94 Stat. 3040, substituted 'personal assistants for handicapped employees, including blind and' for 'reading assistants for blind employees and interpreting assistants for' in item 3102. 1978 - Pub. L. 95-454, title III, Sec. 301(b), 302(b)(1), 307(b)(3), title IV, Sec. 402(c), Oct. 13, 1978, 92 Stat. 1145, 1146, 1148, 1160, added heading for subchapter I, substituted 'reading assistants for blind employees and interpreting assistants for deaf employees' for 'readers for blind employees' in item 3102, and added items 3111, 3112, heading for subchapter II, and items 3131 to 3136. Pub. L. 95-251, Sec. 2(c)(2), Mar. 27, 1978, 92 Stat. 184, substituted 'administrative law judges' for 'hearing examiners' in item 3105. 1967 - Pub. L. 90-206, title II, Sec. 221(b), Dec. 16, 1967, 81 Stat. 640, added item 3110. ------DocID 9775 Document 6 of 536------ -CITE- 7 USC CHAPTER 31 -EXPCITE- TITLE 7 CHAPTER 31 -HEAD- CHAPTER 31 - RURAL ELECTRIFICATION AND TELEPHONE SERVICE -MISC1- SUBCHAPTER I - RURAL ELECTRIFICATION Sec. 901. Rural Electrification Administration; Administrator; short title. 902. Loans by Administrator; investigations and reports. 903. Funds of Administrator. (a) Loans by Secretary of the Treasury. (b) Authorization of appropriations. (c) Allotment of funds for loans in States. (d) Loans of unallotted funds. (e) Unexpended funds; limitation on use. 904. Loans by Administrator for electrical plants and transmission lines; preferences; consent of State authorities. 905. Loans for electrical and plumbing equipment; persons eligible for loans. 906. Authorization of appropriations; testimony by Secretary of Agriculture before Congressional committees in justification of budget requests. 906a. Use of funds outside the United States or its territories prohibited. 907. Acquisition of property pledged for loans; disposition; sale of pledged property by borrower. 908. Transfer of functions of Administration created by Executive Order 7037. 909. Administration on nonpolitical basis; dismissal of officers or employees for violating provision. 910. Annual report. 911. Acceptance of services of Federal or State officers; application of civil service laws; expenditures for supplies and equipment. 911a. Assistant Administrator for Economic Development. (a) Appointment. (b) Appointment factors. (c) Responsibilities and compensation. (d) Funding. (e) Technical assistance unit. 912. Extension of time for repayment of loans. 912a. Rescheduling and refinancing of loans. 913. Definitions. 914. Separability. 915. Purchase of financial and credit reports. 916. Criteria for loans. 917. Technical assistance unit. (a) Establishment. (b) Duties. (c) Funding. 918. General prohibitions. SUBCHAPTER II - RURAL TELEPHONE SERVICE 921. Congressional declaration of policy. 921a. Policy of financing of rural telephone program. 921b. Policy of expansion of markets for debentures. 922. Loans for rural telephone service. 923. State regulation of telephone service. 924. Definition of telephone service and rural area. 925. Loan feasibility. 926. Certain rural development investments by qualified telephone borrowers not treated as dividends or distributions. (a) In general. (b) 'Qualified telephone borrower' defined. 927. General duties and prohibitions. (a) Duties. (b) Prohibitions. 928. Prompt processing of telephone loans. SUBCHAPTER III - RURAL ELECTRIC AND TELEPHONE DIRECT LOAN PROGRAMS 930. Congressional declaration of policy. 931. Rural Electrification and Telephone Revolving Fund. 932. Liabilities and uses of Rural Electrification and Telephone Revolving Fund. (a) Liabilities and obligations of fund. (b) Uses of fund assets. (c) Separate electric and telephone accounts. 933. Moneys in the Rural Electrification and Telephone Revolving Fund. 934. Authorized financial transactions; interim notes; purchase of obligations for resale; sale of notes and certificates; liens. 935. Insured loans. (a) Authorization. (b) Interest; rates; findings determinative. (c) Sale and insurance of loans by Administrator. (d) Tier requirement for insured telephone loans. 936. Guaranteed loans; accommodation and subordination of liens; interest rates; assignability of guaranteed loans and related guarantees. 936a. Prepayment of loans. (a) Conditions for prepayment. (b) Charges on prepayment prohibited. (c) Disqualification for prepayment on finding of adverse affect on Federal Financing Bank. (d) Amount of permissible prepayments; establishment of eligibility criteria. (e) Assignability and transferability of guarantees of loans. 936b. Sale or prepayment of direct or insured loans. 937. Loans from other credit sources. 938. Full faith and credit of the United States. 939. Loan terms and conditions. (a) In general. (b) Telephone loans under this subchapter. 940. Refinancing of rural development loans. 940a. Privatization program. 940b. Use of funds. 940c. Cushion of credit payments program. (a) Establishment. (b) Uses of cushion of credit payments. 940d. Authorization levels for rural electric and telephone loans. (a) In general. (b) Reduction. (c) Mandatory levels. (d) Guaranteed loans. (e) Implementation. SUBCHAPTER IV - RURAL TELEPHONE BANK 941. Telephone Bank. (a) Establishment. (b) General purposes. (c) Status; payments in lieu of property taxes. 942. General powers. 943. Special provisions governing telephone bank as a Federal Agency until conversion of ownership, control, and operation. (a) Supervision and direction of Secretary of Agriculture; free postage and priority of debts restrictions. (b) Use of facilities and services of employees of any agency of Department of Agriculture. (c) Wholly owned Government corporation. (d) Appointment and compensation of personnel. (e) Tort claims and litigation. 944. Governor of telephone bank; functions, powers, and duties. 944a. Publication of rural telephone bank policies and regulations. 945. Board of directors. (a) In general. (b) Membership. (c) Elections. (d) Compensation. (e) Succession. (f) Chairperson. (g) Bylaws. (h) Meetings. (i) Annual report. (j) Open meetings. 946. Capitalization. (a) Federal and borrower subscriptions; Federal limitation; report to President, transmittal to Congress; net collection proceeds. (b) Stock classification; voting stock; one vote rule. (c) Class A stock; issuance to Administrator and redemption; cumulative return. (d) Class B stock; borrowers as holders; dividend prohibition; patronage refunds. (e) Class C stock; borrowers as purchasers; dividends. (f) Special fund equivalents. (g) Patronage refunds from remaining earnings after provision for operating expenses, reserves for losses, payments in lieu of taxes, and returns on class A and C stock. (h) Reserve for losses due to interest rate fluctuations. 947. Borrowing power; telephone debentures; issuance; interest rates; terms and conditions; ratio to paid-in capital and retained earnings; investments in debentures; debentures as security; purchase and sale of debentures by the Secretary of the Treasury; treatment as public debt transactions of the United States; exclusion of transactions from budget totals. 948. Lending power. (a) Loans for prescribed purposes; requisite conditions. (b) Terms and conditions of loans; restrictions on loans. (c) Payment schedule; adjustment; loan period. (d) Borrowers to determine amortization period for rural telephone bank loans. 949. Telephone bank receipts; availability for obligations and expenditures. 950. Conversion of ownership, control, and operation of telephone bank. (a) Transfer of powers and authority from Administrator to Telephone Bank Board; cessation of Presidential appointees as Board members and reduction in number of Board members; status of telephone bank. (b) Restrictions of section 948(a)(2) of this title inapplicable to loans upon redemption and retirement of class A stock. (c) Congressional review. 950a. Liquidation or dissolution of telephone bank. 950b. Borrower net worth. SUBCHAPTER V - RURAL ECONOMIC DEVELOPMENT 950aa. Additional powers and duties of REA Administrator. 950aa-1. Rural Business Incubator Fund. (a) Establishment and use. (b) Application for assistance. (c) Funding of local incubators. (d) Repayments to incubator fund. (e) Full use. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1926-1, 2007a of this title; title 16 section 590z-7; title 43 sections 485h, 1464. ------DocID 11476 Document 7 of 536------ -CITE- 8 USC Sec. 31, 32 -EXPCITE- TITLE 8 CHAPTER 2 -HEAD- Sec. 31, 32. Transferred -COD- CODIFICATION Sections 31 and 32 transferred to sections 1971 and 1972, respectively, of Title 42, The Public Health and Welfare. ------DocID 11941 Document 8 of 536------ -CITE- 10 USC CHAPTER 31 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 31 -HEAD- CHAPTER 31 - ENLISTMENTS -MISC1- Sec. 501. Definition. 502. Enlistment oath: who may administer. 503. Enlistments: recruiting campaigns; compilation of directory information. 504. Persons not qualified. 505. Regular components: qualifications, term, grade. 506. Regular components: extension of enlistments during war. 507. Extension of enlistment for members needing medical care or hospitalization. 508. Reenlistment: qualifications. 509. Voluntary extension of enlistments: periods and benefits. 510. Reserve components: qualifications. 511. Reserve components: terms. 512. Reserve components: transfers. 513. Enlistments: Delayed Entry Program. 514. Bounties prohibited; substitutes prohibited. 515. Reenlistment after discharge as warrant officer. 516. Effect upon enlisted status of acceptance of appointment as cadet or midshipman. 517. Authorized daily average: members in pay grades E-8 and E-9. 518. Temporary enlistments. 519. Temporary enlistments: during war or emergency. 520. Limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level. 520a. Criminal history information for military recruiting purposes. 520b. Applicants for enlistment: authority to use funds for the issue of authorized articles. AMENDMENTS 1989 - Pub. L. 101-189, div. A, title V, Sec. 501(a)(2), Nov. 29, 1989, 103 Stat. 1435, added item 513. 1985 - Pub. L. 99-145, title XIII, Sec. 1303(a)(4)(B), Nov. 8, 1985, 99 Stat. 738, substituted 'enlistment' for 'enlistments' in item 520b. 1984 - Pub. L. 98-525, title XIV, Sec. 1401(a)(2), Oct. 19, 1984, 98 Stat. 2614, added item 520b. 1982 - Pub. L. 97-252, title XI, Sec. 1114(b)(3), (c)(2), Sept. 8, 1982, 96 Stat. 749, 750, inserted '; compilation of directory information' in item 503, and added item 520a. 1980 - Pub. L. 96-342, title III, Sec. 302(b)(2), Sept. 8, 1980, 94 Stat. 1083, added item 520. 1968 - Pub. L. 90-623, Sec. 2(2), Oct. 22, 1968, 82 Stat. 1314, struck out 'or national emergency' after 'extension of enlistments during war' in item 506. Pub. L. 90-235, Sec. 2(a)(1)(C), Jan. 2, 1968, 81 Stat. 755, redesignated item 501 as 502, and added items 501, 503 to 509, 518 and 519. 1962 - Pub. L. 87-649, Sec. 2(2), Sept. 7, 1962, 76 Stat. 492, added item 517. 1958 - Pub. L. 85-861, Sec. 1(9)(B), (C), Sept. 2, 1958, 72 Stat. 1440, struck out item 513 'Reserve components: promotions' and added item 516. -CROSS- CROSS REFERENCES Particular provisions relating to enlistments - Air Force, see section 8251 et seq. of this title. Army, see section 3251 et seq. of this title. Coast Guard, see section 351 et seq. of Title 14, Coast Guard. National Guard, see sections 302 to 304 and 313 of Title 32, National Guard. ------DocID 14620 Document 9 of 536------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 31 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS RECONSIDERATION -HEAD- Rule 31. Petition for Reconsideration -STATUTE- (a) A petition for reconsideration, may be filed no later than 10 days after the date of any order, decision, or opinion by the Court. (b) An answer may be filed by opposing counsel no later than 5 days after the filing of the petition. (c) The concurrence of two judges who participated in the original decision shall be required for the allowance of a petition for reconsideration. (d) Consecutive petitions for reconsideration, and any such petition that is out of time, will not be filed unless accompanied by a motion for leave to file the same, in accordance with Rule 30, and unless such motion is granted by the Court. ------DocID 15163 Document 10 of 536------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 31 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 31. - Order Confirming Plan -STATUTE- (CAPTION AS IN FORM NO. 1) ORDER CONFIRMING PLAN The plan under chapter 11 of the Bankruptcy Code filed by XXXXXX, on XXXXXX (if appropriate, as modified by a modification filed on XXXXXX,) or a summary thereof having been transmitted to creditors and equity security holders; and It having been determined after hearing on notice that: 1. The plan has been accepted in writing by the creditors and equity security holders whose acceptance is required by law; and 2. The provisions of chapter 11 of the Code have been complied with; that the plan has been proposed in good faith and not by any means forbidden by law; and 3. Each holder of a claim or interest has accepted the plan (or will receive or retain under the plan property of a value, as of the effective date of the plan, that is not less than the amount that such holder would receive or retain if the debtor were liquidated under chapter 7 of the Code on such date) (or The plan does not discriminate unfairly, and is fair and equitable, with respect to each class of claims or interests that is impaired under, and has not accepted the plan); and 4. All payments made or promised by the debtor or by a person issuing securities or acquiring property under the plan or by any other person for services or for costs and expenses in, or in connection with, the plan and incident to the case, have been fully disclosed to the court and are reasonable or, if to be fixed after confirmation of the plan, will be subject to the approval of the court; and 5. The identity, qualifications, and affiliations of the persons who are to be directors or officers, or voting trustees, if any, of the debtor (and an affiliate of the debtor participating in a joint plan with the debtor) (or a successor to the debtor under the plan), after confirmation of the plan, have been fully disclosed, and the appointment of such persons to such offices, or their continuance therein, is equitable, and consistent with the interests of the creditors and equity security holders and with public policy; and 6. The identity of any insider that will be employed or retained by the debtor and his compensation have been fully disclosed; and 7. (If applicable) Any regulatory commission with jurisdiction, after confirmation of the plan, over the rates of the debtor has approved any rate change provided for in the plan (or any rate change is expressly conditioned on approval of any regulatory agency having jurisdiction over the rates of the debtor); and 8. (If appropriate) Confirmation of the plan is not likely to be followed by the liquidation (or the need for further financial reorganization, of the debtor or any successor to the debtor under the plan): It is ordered that: The plan filed by XXXXXXXXXX, on XXXXXX, a copy of which plan is attached hereto, is confirmed. Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX Bankruptcy Judge. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The order of confirmation specifies those matters heard and determined by the court at the hearing on confirmation which are required by the Code in order for a plan to be confirmed. In the case of an individual chapter 11 debtor, Form No. 27 may be adapted for use together with this form. ------DocID 15200 Document 11 of 536------ -CITE- 12 USC Sec. 31 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 31. Rights and liabilities as affected by change of name -STATUTE- All debts, liabilities, rights, provisions, and powers of the association under its old name shall devolve upon and inure to the association under its new name. -SOURCE- (May 1, 1886, ch. 73, Sec. 3, 24 Stat. 19.) ------DocID 16727 Document 12 of 536------ -CITE- 12 USC CHAPTER 31 -EXPCITE- TITLE 12 CHAPTER 31 -HEAD- CHAPTER 31 - NATIONAL CONSUMER COOPERATIVE BANK -MISC1- Sec. 3001. Congressional statement of findings and purpose. SUBCHAPTER I - ESTABLISHMENT AND OPERATION 3011. Creation and charter; principal office; venue; purposes. 3012. General corporate powers. 3013. Board of Directors. (a) Composition; term of office; removal by President. (b) Appointment by President; election by stockholders. (c) Resignations; continuances; completion of term; committee representation. (d) Elections; nominations by cooperative classes; vacancies filled; representation requirements. (e) Terms; officer of Bank not to serve as director; notice requirements of Bank and voting shareholders. (f) Annual election of chairman and vice chairman and selection of secretary; eligibility; establishment of Bank policies and direction of management. (g) Conduct of meetings; rules governing. (h) Compensation and expenses. 3014. Capitalization. (a) Subscriptions for capital; authorization of appropriations. (b) Classes of stock; general requirements respecting rights, powers, privileges, and preferences. (c) Class A notes; interest payments; redemption, etc. (d) Class B stock; ownership requirements, etc. (e) Class C stock; purchase, dividends, etc. (f) Nonvoting stock of other classifications and priorities; issuance, etc. (g) Voting requirements of bylaws. (h) Acceptance by Bank of nonreturnable capital contributions. (i) Patronage refunds. 3015. Eligibility of cooperatives. (a) General requirements. (b) Primary producers. (c) 'Net savings' defined. (d) Cooperatives eligible for other Federal credit assistance. (e) Credit unions eligible for technical assistance from Office of Self-Help Development and Technical Assistance. 3016. Annual meetings; notice, agenda, etc. 3017. Bonds, debentures, notes and other evidences of indebtedness. (a) Authorization for public or private sale; time of issuance, interest rates, and terms and conditions; outstanding amount. (b) Purchase and sale by Bank; methods of sale and delivery. (c) Obligations as not guaranteed by United States and not to constitute a debt or obligation of United States. 3017a. Class A notes as paid-in capital of the Bank. 3018. Loans. (a) General requirements for loans and commitments for loans; limitations; allocation of assistance for low-income persons; criteria and factors for making loans, etc.; publication. (b) Repayment requirements; criteria for terms, rates, and charges; advancement of loan proceeds. (c) Guarantees by Bank; requirements; charges. (d) Assignment of guaranteed loans; contestability of guarantee; criteria for purchase by Bank of guaranteed loan in lieu of requiring service by lender. (e) Aggregate amount of commitments to make or guarantee loans. 3019. Taxation by State, county, etc., taxing authority; Federal tax status. 3020. Quarters and space for principal and other offices. 3021. Annual report to Congress; contents. 3022. Authorization of additional appropriations; restrictions on use. 3023. Appeal procedures applicable upon denial or restriction of application for assistance. 3024. Conflict of interest rules; adoption and publication; requirements. 3025. Examination and audit. 3026. Acceleration of the Final Government Equity Redemption Date. SUBCHAPTER II - OFFICE OF SELF-HELP DEVELOPMENT AND TECHNICAL ASSISTANCE 3041. Establishment; appointment, etc., of Director. 3042. Authorization of appropriations for advances; deposits into separate Account in Bank; availability of amounts. 3043. Advances. (a) Capital investment advances; criteria. (b) Interest supplement advances; criteria; amount. (c) Interest rate applicable to advances. 3044. Services and information for organization, financing, and management of cooperatives; availability; agreements for development and dissemination; funding. 3045. Investigations and surveys respecting new services, etc., by cooperative not-for-profit organizations. 3046. Financial analysis and market surveys at request of eligible cooperative. 3047. Programs for training directors and staff of eligible cooperatives, and public education; development and availability; scope and implementation. 3048. Cooperation with Federal agencies offering programs for consumer cooperatives in disseminating information. 3049. Authorization of appropriations for administration; availability of amounts. 3050. Fees for providing technical assistance services; waiver; accounting and availability. 3051. Nonprofit corporation. (a) Office of Self-Help Development and Technical Assistance abolished; transfer of assets, etc. (b) Establishment; Board of Directors; functions, etc. (c) Treatment for tax purposes. (d) Contributions from the Bank. (e) Conflict of interest rules. ------DocID 17474 Document 13 of 536------ -CITE- 15 USC Sec. 31 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 31. Panama Canal closed to violators of antitrust laws -STATUTE- No vessel permitted to engage in the coastwise or foreign trade of the United States shall be permitted to enter or pass through the Panama Canal if such ship is owned, chartered, operated, or controlled by any person or company which is doing business in violation of the provisions of sections 1 to 11 of this title or of any other Act of Congress amending or supplementing the same. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ship are parties. Suit may be brought by any shipper or by the Attorney General of the United States. -SOURCE- (Aug. 24, 1912, ch. 390, Sec. 11, 37 Stat. 567.) ------DocID 17773 Document 14 of 536------ -CITE- 15 USC Sec. 80a-31 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-31. Accountants and auditors -STATUTE- (a) Selection of accountant It shall be unlawful for any registered management company or registered face-amount certificate company to file with the Commission any financial statement signed or certified by an independent public accountant, unless - (1) such accountant shall have been selected at a meeting held within thirty days before or after the beginning of the fiscal year or before the annual meeting of stockholders in that year by the vote, cast in person, of a majority of those members of the board of directors who are not interested persons of such registered company; (2) such selection shall have been submitted for ratification or rejection at the next succeeding annual meeting of stockholders if such meeting be held, except that any vacancy occurring between annual meetings, due to the death or resignation of the accountant, may be filled by the vote of a majority of those members of the board of directors who are not interested persons of such registered company, cast in person at a meeting called for the purpose of voting on such action; (3) the employment of such accountant shall have been conditioned upon the right of the company by vote of a majority of the outstanding voting securities at any meeting called for the purpose to terminate such employment forthwith without any penalty; and (4) such certificate or report of such accountant shall be addressed both to the board of directors of such registered company and to the security holders thereof. If the selection of an accountant has been rejected pursuant to paragraph (2) or his employment terminated pursuant to paragraph (3), the vacancy so occurring may be filled by a vote of a majority of the outstanding voting securities, either at the meeting at which the rejection or termination occurred or, if not so filled, at a subsequent meeting which shall be called for the purpose. In the case of a common-law trust of the character described in section 80a-16(c) of this title, no ratification of the employment of such accountant shall be required but such employment may be terminated and such accountant removed by action of the holders of record of a majority of the outstanding shares of beneficial interest in such trust in the same manner as is provided in section 80a-16(c) of this title in respect of the removal of a trustee, and all the provisions therein contained as to the calling of a meeting shall be applicable. In the event of such termination and removal, the vacancy so occurring may be filled by action of the holders of record of a majority of the shares of beneficial interest either at the meeting, if any, at which such termination and removal occurs, or by instruments in writing filed with the custodian, or if not so filed within a reasonable time then at a subsequent meeting which shall be called by the trustees for the purpose. The provisions of paragraph (42) of section 80a-2(a) of this title as to a majority shall be applicable to the vote cast at any meeting of the shareholders of such a trust held pursuant to this subsection. (b) Selection of controller or other principal accounting officer No registered management company or registered face-amount certificate company shall file with the Commission any financial statement in the preparation of which the controller or other principal accounting officer or employee of such company participated, unless such controller, officer or employee was selected, either by vote of the holders of such company's voting securities at the last annual meeting of such security holders, or by the board of directors of such company. (c) Reports of accountants and auditors The Commission is authorized, by rules and regulations or order in the public interest or for the protection of investors, to require accountants and auditors to keep reports, work sheets, and other documents and papers relating to registered investment companies for such period or periods as the Commission may prescribe, and to make the same available for inspection by the Commission or any member or representative thereof. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 32, 54 Stat. 838; Dec. 14, 1970, Pub. L. 91-547, Sec. 18, 84 Stat. 1427; June 4, 1975, Pub. L. 94-29, Sec. 28(4), 89 Stat. 165.) -MISC1- AMENDMENTS 1975 - Subsec. (a). Pub. L. 94-29 substituted 'section 80a-16(c) of this title' for 'section 80a-16(b) of this title'. 1970 - Subsec. (a). Pub. L. 91-547 struck out introductory text 'After one year from the effective date of this subchapter,' and substituted 'It' for 'it'; inserted 'the vote, cast in person, of' before 'a majority' and substituted 'interested persons of' for 'investment advisers of, or affiliated persons of an investment adviser of, or officers or employees of,' in par. (1); inserted 'the vote of a majority of those members of' before 'the board of directors' and 'who are not interested persons of such registered company, cast in person at a meeting called for the purpose of voting on such action' after 'the board of directors' in par. (2); substituted period for colon in par. (4); and in text after par. (4), substituted 'if not so filled,' for 'if not so filled then' and 'if not so filed' for 'if not so filled', and substituted reference to par. (42) for par. (40) of section 80a-2(a) of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-29 effective June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective on expiration of one year after Dec. 14, 1970, see section 30(1) of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Destruction, etc., of accounts, books, etc., see section 80a-33 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-33, 80a-58 of this title. ------DocID 18486 Document 15 of 536------ -CITE- 15 USC CHAPTER 31 -EXPCITE- TITLE 15 CHAPTER 31 -HEAD- CHAPTER 31 - DESTRUCTION OF PROPERTY MOVING IN COMMERCE -MISC1- Sec. 1281. Destruction of property. (a) Property in possession of common or contract carrier. (b) Penalty. (c) Proof of interstate nature of property. 1282. State prosecutions. ------DocID 19656 Document 16 of 536------ -CITE- 16 USC Sec. 31 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 31. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section, act May 7, 1894, ch. 72, Sec. 8, 28 Stat. 75, related to payment of costs and expenses. ------DocID 20434 Document 17 of 536------ -CITE- 16 USC Sec. 410cc-31 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-31. Lowell Historic Preservation Commission -STATUTE- (a) Establishment and administrative role; composition of membership There is established within the Department of the Interior a commission to be known as the Lowell Historic Preservation Commission which shall administer the preservation district and provide certain services within the park in accordance with this part. The Commission shall consist of fifteen members appointed by the Secretary as follows: (1) Three members who are members of the city council of Lowell, appointed from recommendations made by the mayor of Lowell. (2) Three members appointed from recommendations made by the city manager of Lowell of persons who are representative of organized labor, the business community, local neighborhoods, and cultural institutions, and who are not elected officials. (3) One member appointed from recommendations made by the president of the University of Lowell. (4) Three members appointed from recommendations made by the Governor of the Commonwealth of Massachusetts. (5) One member appointed from recommendations made by the Secretary of Commerce and who shall be an employee of the Department of Commerce. (6) One member appointed from recommendations made by the Secretary of Transportation and who shall be an employee of the Department of Transportation. (7) One member appointed from recommendations made by the Secretary of Housing and Urban Development and who shall be an employee of the Department of Housing and Urban Development. (8) Two members who are qualified to serve on the Commission because of their familiarity with programs of the Department of the Interior involving national parks and historic preservation and who shall be an employee of the Department of the Interior. (b) Continuation of status as appointed member for member leaving government office or becoming elected official of government; duration If any member of the Commission who was appointed to the Commission under paragraph (1) or (4) of subsection (a) of this section as a member of the city council of Lowell or any other government leaves that office, or if any member of the Commission who was appointed from persons who are not elected officials of any government becomes an elected official of a government, such person may continue as a member of the Commission for not longer than the thirty-day period beginning on the date such person leaves that office or becomes such an elected official, as the case may be. (c) Terms of office and reappointment of members (1) Except as provided in paragraph (2) of this subsection, members shall be appointed for terms of two years. A member may be reappointed only three times unless such member was originally appointed to fill a vacancy pursuant to subsection (e)(1) of this section, in which case such member may be reappointed four times. (2) Of the members first appointed pursuant to subsection (a) of this section, the following shall be appointed for terms of three years: (A) The members appointed pursuant to paragraphs (2), (3), and (8) of such subsection. (B) One of the members appointed pursuant to paragraph (4) of such subsection, as designated by the Secretary at the time of appointment upon recommendation of the Governor. (d) Chairman; election by members; term of office The chairman of the Commission shall be elected by the members of the Commission. The term of the chairman shall be two years. (e) Vacancies; appointment and term of office; service after expiration of term (1) Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (2) Any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed. Any member may serve after the expiration of his term until his successor is appointed. (f) Quorum and holding of hearings Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (g) Meetings The Commission shall meet at least once each month, at the call of the chairman or a majority of its members. (h) Compensation; travel expenses and per diem (1) Except as provided in paragraph (2) of this subsection, members of the Commission shall each be entitled to receive $100 for each day (including travel time) during which they are engaged in the performance of the duties of the Commission. (2) Members of the Commission who are full-time officers or employees of the United States, the city of Lowell, or the Commonwealth of Massachusetts shall receive no additional pay on account of their service on the Commission. (3) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5. (i) Termination The Commission established pursuant to this subchapter shall cease to exist seventeen years from June 5, 1978. -SOURCE- (Pub. L. 95-290, title III, Sec. 301, June 5, 1978, 92 Stat. 295; Pub. L. 100-134, Sec. 1(2), (3), Oct. 16, 1987, 101 Stat. 810.) -MISC1- AMENDMENTS 1987 - Subsec. (e)(2). Pub. L. 100-134, Sec. 1(2), substituted 'until his successor is appointed' for 'for a period not longer than thirty days'. Subsec. (i). Pub. L. 100-134, Sec. 1(3), substituted 'seventeen' for 'ten'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 410cc-1 of this title. ------DocID 21420 Document 18 of 536------ -CITE- 16 USC Sec. 460uu-31 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part D -HEAD- Sec. 460uu-31. Designation; legal description -STATUTE- (a) In furtherance of the purposes of the Wilderness Act (78 Stat. 890) (16 U.S.C. 1131 et seq.), there are hereby designated as wilderness, and, therefore, as components of the National Wilderness Preservation System, the Cebolla Wilderness of approximately 60,000 acres, and the West Malpais Wilderness of approximately 38,210 acres, as each is generally depicted on the map entitled 'El Malpais National Monument and National Conservation Area' numbered NM-ELMA-80,001-B and dated May 1987. The map shall be on file and available for inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior. (b) As soon as practicable after December 31, 1987, the Secretary shall file a legal description of each wilderness area designated by this subchapter with the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in such legal description. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior. -SOURCE- (Pub. L. 100-225, title IV, Sec. 401, Dec. 31, 1987, 101 Stat. 1542.) -REFTEXT- REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. ------DocID 22938 Document 19 of 536------ -CITE- 16 USC CHAPTER 31 -EXPCITE- TITLE 16 CHAPTER 31 -HEAD- CHAPTER 31 - MARINE MAMMAL PROTECTION -MISC1- SUBCHAPTER I - GENERALLY Sec. 1361. Congressional findings and declaration of policy. 1362. Definitions. SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS 1371. Moratorium on taking and importing marine mammals and marine mammal products. (a) Imposition; exceptions. (b) Exemptions for Alaskan natives. (c) Hardship exemption. 1372. Prohibitions. (a) Taking. (b) Importation of pregnant or nursing mammals; depleted species or stock; inhumane taking. (c) Importation of illegally taken mammals. (d) Nonapplicability of prohibitions. (e) Retroactive effect. (f) Commercial taking of whales. 1373. Regulations on taking of marine mammals. (a) Necessity and appropriateness. (b) Factors considered in prescribing regulations. (c) Allowable restrictions. (d) Procedure. (e) Periodic review. (f) Report to Congress. 1374. Permits. (a) Issuance. (b) Requisite provisions. (c) Importation for scientific research, public display, or enhancing survival or recovery of species or stock. (d) Application procedures; notice; hearing; review. (e) Modification, suspension, and revocation. (f) Possession of permit by issuee or his agent. (g) Fees. (h) General permits; extension of general permit to American Tunaboat Association; monitoring of incidental taking of marine mammals. 1375. Penalties. 1376. Seizure and forfeiture of cargo. (a) Application of consistent provisions. (b) Penalties. (c) Reward for information leading to conviction. 1377. Enforcement. (a) Utilization of personnel. (b) State officers and employees. (c) Warrants and other process for enforcement. (d) Execution of process; arrest; search; seizure. (e) Disposition of seized cargo. 1378. International program. (a) Duties of Secretary. (b) Consultations and studies concerning North Pacific fur seals. (c) Description of annual results of discussions; proposals for further action. 1379. Transfer of management authority. (a) State enforcement of State laws or regulations prohibited without transfer to State of management authority by Secretary. (b) Findings prerequisite to transfer of authority; State program; implementation. (c) Standards with which State process must comply. (d) Cooperative allocation agreements. (e) Revocation of transfer of management authority. (f) Transfer of management authority to State of Alaska. (g) Environmental impact statement not required. (h) Taking of marine mammals as part of official duties. (i) Regulations covering taking of marine mammals by Alaskan natives. (j) Grants to develop or administer State conservation and management programs. (k) Delegation of administration and enforcement to States. (l) Authorization of appropriations. 1380. Marine mammal research grants. (a) Authorization; research concerning yellowfin tuna; annual report. (b) Terms and conditions. (c) Authorization of appropriations. 1381. Commercial fisheries gear development. (a) Research and development program; report to Congress; authorization of appropriations. (b) Reduction of level of taking of marine mammals incidental to commercial fishing operations. (c) Reduction of level of taking of marine mammals in tuna fishery. (d) Research and observation. 1382. Regulations and administration. (a) Consultation with Federal agencies. (b) Cooperation by Federal agencies. (c) Contracts, leases and cooperative agreements. (d) Annual review; suspension of program. 1383. Application to other treaties and conventions. 1383a. Interim exemption for commercial fisheries. (a) Effective and termination dates of preemptive provisions; law governing incidental taking of marine mammals in course of commercial yellowfin tuna fishing. (b) Proposed and final list of fisheries taking marine mammals; publication in Federal Register; grant of exemption; conditions; suspension of grant of exemption; administration of exemption provisions; fees. (c) Compilation of information by vessel owners; contents. (d) Program for enhancement and verification of information received from vessel owners; confidentiality of information. (e) Observers on board exempted vessels; confidentiality of information; authorization of appropriations. (f) Alternative observation program. (g) Review of information and evaluation of effects of incidental taking on population stocks of marine mammals; promulgation of emergency regulations to mitigate immediate and significant adverse impacts; action to mitigate non-immediate impacts. (h) Information and management system for processing and analyzing reports and information; accessibility to public. (i) Utilization of services of State and Federal agencies and private entities. (j) Confidentiality of information; exceptions. (k) Regulations. (l) Suggested regime governing incidental taking of marine mammals following termination of interim exemptions. (m) Consultation with Secretary of the Interior. (n) Owner of fixed commercial fishing gear deemed owner of vessel engaged in fishery in which gear deployed. (o) Definitions. 1383b. Status review; conservation plans. (a) Determinations by rule; notice and hearing; findings; final rule on status of species or stock involved. (b) Conservation plans; preparation and implementation. 1384. Authorization of appropriations. (a) Department of Commerce. (b) Department of the Interior. 1385. Dolphin protection. (a) Short title. (b) Findings. (c) Definitions. (d) Labeling standard. (e) Enforcement. (f) Regulations. (g) Omitted. (h) Negotiations. (i) Effective date. SUBCHAPTER III - MARINE MAMMAL COMMISSION 1401. Establishment. (a) Designation. (b) Membership and term of office. (c) Chairman. (d) Compensation; reimbursement for travel expenses. (e) Executive Director. 1402. Duties of Commission. (a) Reports and recommendations. (b) Consultation with Secretary; reports to Secretary before publication. (c) Availability of reports for public inspection. (d) Recommendations; explanation for nonadoption. 1403. Committee of Scientific Advisors on Marine Mammals. (a) Establishment; membership. (b) Compensation; reimbursement for travel expenses. (c) Consultation with Commission on studies and recommendations; explanation for non-adoption. 1404. Reports. 1405. Coordination with other Federal agencies. 1406. Administration. 1407. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1034, 1543, 1853, 2407, 2408, 3125 of this title; title 10 section 7524. ------DocID 23807 Document 20 of 536------ -CITE- 18 USC Sec. 31 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 31. Definitions -STATUTE- When used in this chapter the term - 'Aircraft engine', 'air navigation facility', 'appliance', 'civil aircraft', 'foreign air commerce', 'interstate air commerce', 'landing area', 'overseas air commerce', 'propeller', 'spare part' and 'special aircraft jurisdiction of the United States' shall have the meaning ascribed to those terms in the Federal Aviation Act of 1958, as amended. 'Motor vehicle' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo; 'Destructive substance' means any explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature; 'Used for commercial purposes' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit; 'In flight' means any time from the moment all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing the flight shall be deemed to continue until competent authorities take over the responsibility for the aircraft and the persons and property on board; and 'In service' means any time from the beginning of preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 538, and amended Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 1010, 2013(a), 98 Stat. 2141, 2187; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7015, 102 Stat. 4395.) -REFTEXT- REFERENCES IN TEXT The Federal Aviation Act of 1958, referred to in text, is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified principally to chapter 20 (Sec. 1301 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 49, Appendix, and Tables. -MISC2- AMENDMENTS 1988 - Pub. L. 100-690 substituted 'door is opened' for 'door in opened' in definition of 'in flight'. 1984 - Pub. L. 98-473, Sec. 2013(a)(1), in first par. struck out 'and' before 'spare part', inserted 'and 'special aircraft jurisdiction of the United States' ', and substituted 'Federal Aviation Act of 1958' for 'Civil Aeronautics Act of 1938'. Pub. L. 98-473, Sec. 1010, substituted 'passengers and property, or property or cargo' for 'or passengers and property' in definition of motor vehicle. Pub. L. 98-473, Sec. 2013(a)(2)-(4), inserted definitions of 'in flight' and 'in service'. EFFECTIVE DATE OF 1984 AMENDMENT Section 2015 of part B (Sec. 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: 'This part (see Short Title of 1984 Amendment note below) shall become effective on the date of the enactment of this joint resolution (Oct. 12, 1984).' SHORT TITLE OF 1984 AMENDMENT Section 2011 of part B (Sec. 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: 'This part (amending this section, section 32 of this title, and sections 1301, 1471, and 1472 of Title 49, Appendix, Transportation, and enacting provisions set out as notes under this section) may be cited as the 'Aircraft Sabotage Act'.' STATEMENT OF FINDINGS AND PURPOSE FOR 1984 AMENDMENT Section 2012 of part B (Sec. 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: 'The Congress hereby finds that - '(1) the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (ratified by the United States on November 1, 1972) requires each contracting State to establish its jurisdiction over certain offenses affecting the safety of civil aviation; '(2) such offenses place innocent lives in jeopardy, endanger national security, affect domestic tranquility, gravely affect interstate and foreign commerce, and are offenses against the law of nations; and '(3) the purpose of this subtitle (part, see Short Title note above) is to implement fully the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and to expand the protection accorded to aircraft and related facilities.' ------DocID 24003 Document 21 of 536------ -CITE- 18 USC CHAPTER 31 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- CHAPTER 31 - EMBEZZLEMENT AND THEFT -MISC1- Sec. 641. Public money, property or records. 642. Tools and materials for counterfeiting purposes. 643. Accounting generally for public money. 644. Banker receiving unauthorized deposit of public money. 645. Court officers generally. 646. Court officers depositing registry moneys. 647. Receiving loan from court officer. 648. Custodians, generally, misusing public funds. 649. Custodians failing to deposit moneys; persons affected. 650. Depositaries failing to safeguard deposits. 651. Disbursing officer falsely certifying full payment. 652. Disbursing officer paying lesser in lieu of lawful amount. 653. Disbursing officer misusing public funds. 654. Officer or employee of United States converting property of another. 655. Theft by bank examiner. 656. Theft, embezzlement or misapplication by bank officer or employee. 657. Lending, credit and insurance institutions. 658. Property mortgaged or pledged to farm credit agencies. 659. Interstate or foreign shipments by carrier; State prosecutions. 660. Carrier's funds derived from commerce; State prosecutions. 661. Within special maritime and territorial jurisdiction. 662. Receiving stolen property, within special maritime and territorial jurisdiction. 663. Solicitation or use of gifts. 664. Theft or embezzlement from employee benefit plan. 665. Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations. 666. Theft or bribery concerning programs receiving Federal funds. 667. Theft of livestock. AMENDMENTS 1984 - Pub. L. 98-473, title II, Sec. 1104(b), 1112, Oct. 12, 1984, 98 Stat. 2144, 2149, added items 666 and 667. 1978 - Pub. L. 95-524, Sec. 3(b), Oct. 27, 1978, 92 Stat. 2018, substituted 'employment and training funds' for 'manpower funds' and inserted '; obstruction of investigations' after 'improper inducement' in item 665. 1973 - Pub. L. 93-203, title VII, Sec. 711(b), formerly title VI, Sec. 611(b), Dec. 28, 1973, 87 Stat. 882, renumbered Pub. L. 93-567, title I, Sec. 101, Dec. 31, 1974, 88 Stat. 1845, added item 665. 1966 - Pub. L. 89-654, Sec. 1(e), Oct. 14, 1966, 80 Stat. 904, substituted 'shipments by carrier' for 'baggage, express or freight' in item 659. 1962 - Pub. L. 87-420, Sec. 17(b), Mar. 20, 1962, 76 Stat. 42, added item 664. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION Application of general penal statutes relating to larceny, embezzlement, or conversion of public moneys or property of the United States, to moneys and property of Saint Lawrence Seaway Development Corporation, see section 990 of Title 33, Navigation and Navigable Waters. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Search and seizure, issuance of warrant to search for and seize property stolen or embezzled in violation of the laws of United States, see rule 41, Appendix to this title. CROSS REFERENCES Bankruptcy - Certain debts as not affected by a discharge, see section 727 of Title 11, Bankruptcy. Trustee, receiver or officer, embezzlement of property belonging to estate of bankrupt, see section 153 of this title. Coins, embezzlement of metals, see section 332 of this title. Commodity Credit Corporation, embezzlement or stealing money, etc., see section 714m of Title 15, Commerce and Trade. Consular officers as guilty of embezzlement, see sections 4199, 4217 of Title 22, Foreign Relations and Intercourse. Evidence - Account as evidence of embezzlement, see section 3497 of this title. Refusal to make and file accountings or reports concerning money or property of World War veterans as evidence of embezzlement, see section 3501 of Title 38, Veterans' Benefits. Refusal to pay as evidence of embezzlement, see section 3487 of this title. Extradition of fugitives from country under control of United States, see section 3185 of this title. Foreign banking corporations, embezzlement of moneys etc. by officers, employees and receivers, see section 630 of Title 12, Banks and Banking. Indians - Jurisdiction of offenses committed in Indian country, see section 3242 of this title. Larceny in Indian country, see section 1153 of this title. Investment companies, embezzlement or stealing moneys, see section 80a-36 of Title 15, Commerce and Trade. Merchant seamen, punishment for embezzlement of ship's stores or cargo, see section 11501 of Title 46, Shipping. Officers of United States, civil, military, or naval, embezzlement of public or private money or property as misdemeanor, see section 210 of Title 50, War and National Defense. Postal Service - Letters or other correspondence, embezzlement of, see section 1702 of this title. Letters or other correspondence, embezzlement or stealing by postmaster or Postal Service employee, see section 1709 of this title. Letters or other correspondence, embezzlement or stealing, or receipt of embezzled or stolen mail matter, see section 1708 of this title. Mail keys or locks, embezzlement or stealing of, see section 1704 of this title. Misappropriation of postal funds as embezzlement, see section 1711 of this title. Newspapers, stealing by postmaster or Postal Service employee, see section 1710 of this title. Post office, breaking into with intent to commit larceny, see section 2115 of this title. Postal savings, embezzlement laws as applicable, see section 1691 of this title. Property used by Postal Service, embezzlement or stealing of, see section 1707 of this title. Robbery and burglary, see section 2111 et seq. of this title. Stolen property, see section 2311 et seq. of this title. Tennessee Valley Authority, application of penal statutes relating to larceny or embezzlement of public moneys or property of United States, see section 831t of Title 16, Conservation. Vessel's owner, limitation of liability for embezzlement of merchandise, see section 183 et seq. of Title 46, Appendix, Shipping. ------DocID 25117 Document 22 of 536------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 31 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 31. Verdict -STATUTE- (a) Return. The verdict shall be unanimous. It shall be returned by the jury to the judge in open court. (b) Several Defendants. If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again. (c) Conviction of Less Offense. The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if the attempt is an offense. (d) Poll of Jury. When a verdict is returned and before it is recorded the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged. (e) Criminal Forfeiture. If the indictment or the information alleges that an interest or property is subject to criminal forfeiture, a special verdict shall be returned as to the extent of the interest or property subject to forfeiture, if any. -SOURCE- (As amended Apr. 24, 1972, eff. Oct. 1, 1972.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). This rule is a restatement of existing law and practice. It does not embody any regulation of sealed verdicts, it being contemplated that this matter would be governed by local practice in the various district courts. The rule does not affect the existing statutes relating to qualified verdicts in cases in which capital punishment may be imposed, 18 U.S.C. 408a (now 1201) (Kidnapped persons); sec. 412a (now 1992) (Wrecking trains); sec. 567 (now 1111) (Verdicts; qualified verdicts). Note to Subdivision (b). This rule is a restatement of existing law, 18 U.S.C. (former) 566 (Verdicts; several joint defendants). Note to Subdivision (c). This rule is a restatement of existing law, 18 U.S.C. (former) 565 (Verdicts; less offense than charged). Note to Subdivision (d). This rule is a restatement of existing law and practice, Mackett v. United States, 90 F.2d 462, 465 (C.C.A. 7th); Bruce v. Chestnut Farms Chevy Chase Dairy, 126 F.2d 224, App.D.C. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (e) is new. It is intended to provide procedural implementation of the recently enacted criminal forfeiture provision of the Organized Crime Control Act of 1970, Title IX, Sec. 1963, and the Comprehensive Drug Abuse Prevention and Control Act of 1970, Title II, Sec. 408(a)(2). The assumption of the draft is that the amount of the interest or property subject to criminal forfeiture is an element of the offense to be alleged and proved. See Advisory Committee Note to rule 7(c)(2). Although special verdict provisions are rare in criminal cases, they are not unknown. See United States v. Spock, 416 F. 2d 165 (1st Cir. 1969), especially footnote 41 where authorities are listed. -CROSS- CROSS REFERENCES Amendment of information before verdict, see rule 7. Canal Zone, application of rules governing proceedings after verdict of guilty, see rule 54. Criminal contempt, verdict of guilty, see rule 42. Directed verdict, motion for abolished, see rule 29. Disability of judge after verdict, see rule 25. Judgment, setting forth verdict, see rule 32. Judgment of acquittal, before or after verdict, see rule 29. Jurors, stipulation for number less than twelve before verdict, see rule 23. New trial - No verdict returned, see rule 29. Time for motion, see rule 33. Objections to instructions, before retirement of jury to consider verdict, see rule 30. Presence of defendant, return of verdict, see rule 43. Rules of Procedure - Power of Supreme Court to prescribe, see section 2072 of Title 28, Judiciary and Judicial Procedure. Setting aside verdict of guilty, new trial or entry of judgment of acquittal, see rule 29. ------DocID 25171 Document 23 of 536------ -CITE- 19 USC Sec. 31, 32 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 31, 32. Repealed. Pub. L. 92-310, title II, Sec. 226, June 6, 1972, 86 Stat. 206 -MISC1- Section 31, R.S. Sec. 2619, 2620; act Feb. 27, 1877, ch. 69, 19 Stat. 245; Pub. L. 91-271, title III, Sec. 304, June 2, 1970, 84 Stat. 292, related to bonds of customs officers. Section 32, R.S. Sec. 2620; Pub. L. 91-271, title III, Sec. 305, June 2, 1970, 84 Stat. 292, related to amounts, conditions for filing, and procedures for approval of bonds required of customs officers. ------DocID 26712 Document 24 of 536------ -CITE- 20 USC Sec. 1070d-31 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-31. Statement of purpose -STATUTE- It is the purpose of this subpart to establish a Robert C. Byrd Honors Scholarship Program to promote student excellence and achievement and to recognize exceptionally able students who show promise of continued excellence. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419A, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1343.) -MISC1- PRIOR PROVISIONS A prior section 1070d-31, Pub. L. 89-329, title IV, Sec. 419A, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2900, and amended Pub. L. 99-145, title XVI, Sec. 1627(a), Nov. 8, 1985, 99 Stat. 779, provided statement of purpose for Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27053 Document 25 of 536------ -CITE- 20 USC CHAPTER 31 -EXPCITE- TITLE 20 CHAPTER 31 -HEAD- CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION -MISC1- Sec. 1221. General provisions. (a) Short title. (b) Applicability of chapter. (c) Definitions; applicability of civil rights provisions unaffected. (d) Authorization of appropriations. 1221-1. National policy with respect to equal educational opportunity. 1221-2. National policy with respect to museums as educational institutions. 1221-3. Control of paperwork. (a) Coordination of activities; Federal Education Data Acquisition Council; procedures. (b) Review and coordination activities of Secretary; research and evaluation studies. (c) Summaries of information collected and data acquired. (d) Functions and operations. (e) Submission of information to a single educational agency; report to Congress. (f) Grants. (g) Authorization of appropriations. SUBCHAPTER I - OFFICES AND PERSONNEL IN DEPARTMENT OF EDUCATION 1221a, 1221b. Omitted. 1221c. Nonpublic education. (a) to (c) Omitted. (d) Office of Non-Public Education. 1221d. Repealed. 1221e. Office of Educational Research and Improvement. (a) Declaration of policy; definitions. (b) Purposes; administration; functions; publication of priorities. (c) Membership; appointment, terms, etc. (d) Mandatory duties; scientific and professional personnel and employees; grants, contracts, and cooperative agreements; support of educational laboratories and research and development centers; research fellowships; assessment grants. (e) National Assessment of Education Progress; implementation, scope, etc. (f) Funding amounts, authorities, and requirements. (g) Availability of appropriated amounts. 1221e-1. National Center for Education Statistics. (a) Establishment; general design and duties; Commissioner of Education Statistics; appointment; qualifications; term; Associate Commissioners. (b) Purpose and functions. (c) Advisory Council on Education Statistics; establishment; membership; appointees: political party affiliation, terms; ex officio members; presiding officer; meetings; quorum; section 1233g(b) provisions inapplicable; functions; ad hoc advisory committees. (d) Reports to Congress; standards for protection of confidentiality; use of certain information, publication of data, or examination of reports. (e) Tables and other statistical records and special statistical compilations and surveys; compilations and surveys for Congressional committees; payment of cost; joint statistical projects, equitable sharing of cost; separate account for funds; uses; educational data consortium with other Federal agencies; access to data by interested parties; authority of Commission. (f) Authorization of appropriations; contracts with States. (g) Collections of data; surveys; studies; reports. (h) National Cooperative Education Statistics System. (i) 'United States' and 'State' defined. 1221e-1a. State responsibility to furnish information. (a) Report to Secretary; contents. (b) Report analysis and statistical data; submittal to Congressional committees. 1221e-1b. Authorization of appropriations. 1221e-1c. Authorization of appropriations for Science Improvement Program. 1221e-1d. Use of Council staff and facilities. 1221e-2. Education officers of United States. (a) 'Education officer of the United States' defined. (b) Service. (c) Conflict of interest. (d) Dual employment. 1221e-3. General authority of administrative heads of education agencies. (a) Rules and regulations for agency operation; personnel; gifts; transactions; construction of facilities; acquisition and disposal of property; reimbursement of Federal agencies for use of services. (b) Qualifications of persons engaged in competitive review of grant applications. (c) Delegation of functions. (d) 'Administrative head of an education agency' defined. 1221e-4. Educational impact statement. 1221f to 1221h. Repealed. 1221i. Office of Libraries and Learning Resources. (a) Establishment; administration of specified programs. (b) Director of Office; delegation of functions. 1221j. Television program assistance. (a) Granting and contracting authority. (b) Administration and studies. SUBCHAPTER II - APPROPRIATIONS AND EVALUATIONS PART 1 - APPROPRIATIONS 1222. Repealed. 1223. Advance appropriation of funds for elementary and secondary education programs. 1224. Repealed. 1225. Availability of appropriations. (a) Academic or differing fiscal year. (b) Succeeding fiscal year. (c) Institution of judicial proceedings. 1226. Availability of appropriations. 1226a. Contingent extension of programs. (a) Time of extension; amount of appropriations. (b) Passage of legislation; acts and determinations of Secretary necessary for continuation of applicable program. 1226a-1. Payments; installments, advances or reimbursement, and adjustments. PART 2 - PLANNING AND EVALUATION OF FEDERAL EDUCATION ACTIVITIES 1226b. Program planning and evaluation. 1226c. Annual evaluation reports to Congressional committees. (a) Time of submission; purpose; contents. (b) Contracts or grants for evaluation of programs; information. 1226c-1. Availability of education reports, etc., to Congressional committees. 1226d. Repealed. 1227. Evaluations by Comptroller General. (a) Requests by Congressional committees or members of committees; scope of undertaking; report to Congress. (b) Use of Federal agency contractual arrangements for private studies and services with respect to Federal educational programs; report to agencies and Congress. (c) Authorization of appropriations. 1228. Prohibition against use of appropriated funds for busing. SUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY 1230. Programs subject to provisions of this subchapter. PART I - GENERAL AUTHORITY 1231. Administration of education programs. (a) Delegation of authority. (b) Utilization of services and facilities of other agencies; payment for services in advance or by way of reimbursement. (c) Consolidation of programs; 'consolidation' defined; waiver of requirements or conditions; fund use limitations; specific authorization applicable to allotments, apportionments, allocations or other distributions; limitation of authority of executive branch officeholder; transfer of functions. 1231a. Collection and dissemination of information. (a) Duties of Secretary. (b) Report to Congress. (c) Contract authority. 1231b. Catalog of Federal education assistance programs; transmittal to Congress. 1231b-1. Compilation of assisted innovative projects. 1231b-2. Review of applications. (a) Persons aggrieved; final State educational agency actions; hearing; ruling and reasons for ruling; rescission of final actions. (b) Appeals to Secretary; persons aggrieved; notice; orders prescribing appropriate agency actions; finality of agency fact findings; interim orders pending appeal or review. (c) Records; availability. (d) Termination of assistance for noncompliance with provisions or orders. 1231c. Advice, counsel and technical assistance. (a) State educational agencies, institutions of higher education. (b) Cost allocation, collection, etc. by local educational agencies. (c) Dissemination. (d) Annual report by Secretary. 1231c-1. Equalization assistance. (a) Grants for development and implementation of plans to achieve resource equalization. (b) Models and materials; training centers. (c) Dissemination of information. (d) Authorization of appropriations. 1231d. Parental involvement and dissemination. 1231e. Use of funds withheld for failure to comply with other provisions of Federal law. 1231f. Authority to furnish information. PART II - ADMINISTRATION: REQUIREMENTS AND LIMITATIONS 1231g. Applications. (a) Submission and amendments of applications. (b) Uniform dates. (c) Development of common applications. 1232. Regulations. (a) 'Regulation' defined; citation of authority. (b) Publication in Federal Register; opportunity for comment; exceptions; reconsideration; waiver of thirty day period. (c) Uniform application. (d) Transmittal to Speaker of House and President of Senate; effective date; concurrent resolution of disapproval; failure to adopt; waiting period affected by adjournments; formal statement of objection; suspension of effective date letter; prescribed waiting period. (e) Modification by agency; disposition of earlier Congressional disapproval. (f) Applicable programs. (g) Final regulations; requirements and enforcement. 1232-1. Repealed. 1232a. Prohibition against Federal control of education. 1232b. Labor standards. PART III - ADMINISTRATION OF EDUCATION PROGRAMS AND PROJECTS BY STATES AND LOCAL EDUCATIONAL AGENCIES 1232c. State educational agency monitoring and enforcement. (a) State plan. (b) State enforcement of Federal requirements. 1232d. Single State application. (a) Submission of general application; approval by State supervisory authority. (b) Assurances. (c) Effective term of general application. 1232e. Single local educational agency application. (a) General application to State agency or board. (b) Assurances. (c) Effective term of general application. PART IV - RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS 1232f. Records. (a) Records kept by recipient; full disclosure; five-year maintenance period. (b) Audit examination. 1232g. Family educational and privacy rights. (a) Conditions for availability of funds to educational agencies or institutions; inspection and review of education records; specific information to be made available; procedure for access to education records; reasonableness of time for such access; hearings; written explanations by parents; definitions. (b) Release of education records; parental consent requirement; exceptions; compliance with judicial orders and subpoenas; audit and evaluation of federally-supported education programs; recordkeeping. (c) Surveys or data-gathering activities; regulations. (d) Students' rather than parents' permission or consent. (e) Informing parents or students of rights under this section. (f) Enforcement; termination of assistance. (g) Office and review board; creation; functions. 1232h. Protection of pupil rights. (a) Inspection by parents or guardians of instructional material. (b) Psychiatric or psychological examinations, testing, or treatment. 1232i. Limitations on withholding of Federal assistance. (a) Refusal to supply personal data on students or families. (b) Noncompliance with nondiscrimination provisions of Federal law. (c) Failure to comply with imposition of quotas. SUBCHAPTER IV - ADVISORY COUNCILS 1233. Definitions. 1233a. Necessary advisory councils. (a) Authorization; creation, appointment, and scope of activities. (b) Termination or extension. (c) Statement of activities. 1233b. Statutory advisory councils. (a) Membership; term of office; annual report to Congress. (b) Presidential advisory councils; term of office. 1233c. Compensation and travel expenses of members of advisory councils. 1233d. Professional, technical and clerical staff. (a) Presidential advisory councils. (b) Secretarial advisory councils. (c) Temporary and intermittent services of experts and consultants. (d) Compensation. 1233e. Meetings of advisory councils. (a) Time of meeting. (b) Minutes: contents and certification. 1233f. Auditing and review of advisory council activities. (a) Regulations governing council; records. (b) Access to books, records, etc. by Comptroller General. 1233g. Report by Secretary. (a) Submission to Congressional committees; contents. (b) Abolishment or combining of statutory advisory councils; absence of Congressional objections to recommendation of Secretary. 1233h. Relation to other laws. (a) Laws concerning advisory councils. (b) Federal Advisory Committee Act. SUBCHAPTER V - ENFORCEMENT 1234. Office of Administrative Law Judges. (a) Establishment; duties. (b) Appointment. (c) Employment requirements; chief judge. (d) Assignment of judges. (e) Review and evidentiary functions. (f) Conduct of proceedings; costs and fees of parties. (g) Discovery; scope, time, etc.; issue and enforcement of subpoenas. (h) Mediation of disputes. (i) Professional personnel; employment, assignment, or transfer. 1234a. Recovery of funds. (a) Preliminary departmental decision; grounds of determination; notice requirements; prima facie case; amount of funds recoverable. (b) Review of preliminary departmental decision; form and contents of application for review; inadequate preliminary decisions; duties of recipient to subrecipients after preliminary decision; burden of proof. (c) Time for hearing. (d) Review of findings of fact in preliminary decision; conclusiveness; remand; new or modified findings. (e) Time for filing petition for review of preliminary decision. (f) Stay of collection or other adverse action by Secretary against recipient. (g) Preliminary decision as final agency action. (h) Publication of decisions as final agency actions. (i) Collection amounts and procedures. (j) Compromise of preliminary departmental decisions; preconditions; notice requirements. (k) Limitation period respecting return of funds. (l) Foregoing of interest during period of administrative review. 1234b. Measure of recovery. (a) Amount returned proportionate to extent of harm violation caused to an identifiable Federal interest; reduction; determination of identifiable Federal interest. (b) Reduction or waiver of amount based on mitigating circumstances; burden of proof; determination of mitigating circumstances; weight, etc., of written request for guidance. (c) Review of written requests for guidance on periodic basis. 1234c. Remedies for existing violations. 1234d. Withholding. (a) Discretionary authority over further payments under applicable program. (b) Notice requirements. (c) Hearing. (d) Suspension of payments, authorities, etc. (e) Findings of fact. (f) Final agency action. 1234e. Cease and desist orders. (a) Issuance and contents of complaint. (b) Appearance contesting order. (c) Report; issuance of cease and desist order. (d) Report and order as final agency action. (e) Enforcement of final order. 1234f. Compliance agreements. (a) Discretionary authority; purposes of agreement. (b) Procedures applicable. (c) Contents. (d) Failure of recipient to comply with terms and conditions. 1234g. Judicial review. (a) Recipients entitled to review; stay of action by Secretary. (b) Petition for review; filing of record. (c) Findings of fact. (d) Scope of review; review by Supreme Court. 1234h. Use of recovered funds. (a) Repayment to recipient; factors considered. (b) Terms and conditions of repayment. (c) Availability of funds. (d) Publication in Federal Register of notice of intent to enter into repayment arrangement. 1234i. Definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1652, 2836, 2975, 3222, 3441, 3487, 3489 of this title; title 42 sections 2473b, 11434. -MISC8- AMENDMENTS 1970 - Pub. L. 91-230, title IV, Sec. 401(a)(1), Apr. 13, 1970, 84 Stat. 164, substituted as chapter heading 'GENERAL PROVISIONS CONCERNING EDUCATION' for 'LEADTIME AND PLANNING AND EVALUATION IN ELEMENTARY AND SECONDARY EDUCATION PROGRAMS'. ------DocID 28791 Document 26 of 536------ -CITE- 22 USC Sec. 31 to 40 -EXPCITE- TITLE 22 CHAPTER 1 -HEAD- Sec. 31 to 40. Repealed. Aug. 13, 1946, ch. 957, title XI, Sec. 1131(2), (3), (5), (6), (15), (19), (27), (28), (30), (31), (52), (55), (57), (58), 60 Stat. 1035 -MISC1- Section 31, act Mar. 2, 1909, ch. 235, 35 Stat. 672, related to restriction against creation of new ambassadorships. See section 901 of this title. Section 32, R.S. Sec. 1675; acts Mar. 3, 1875, ch. 153, 18 Stat. 483; Feb. 27, 1925, ch. 364, 43 Stat. 1015; Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to appointment and salaries of ambassadors, ministers, etc. See sections 861 et seq. and 900 et seq. of this title. Section 32a, act Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to salary of minister to Liberia. See sections 866 and 867 of this title. Section 33, R.S. Sec. 1744, related to citizenship as prerequisite to payment of compensation. See section 910 of this title. Section 34, act Sept. 29, 1919, ch. 72, 41 Stat. 291, related to appointment of an ambassador to Belgium. See section 901 of this title. Section 34a, act Jan. 22, 1930, ch. 22, 46 Stat. 57, related to appointment of an ambassador to Poland. See section 901 of this title. Section 34b, act June 5, 1930, ch. 404, 46 Stat. 502, related to appointment of a minister to the Union of South Africa. See section 901 of this title. Section 34c, act June 1, 1922, ch. 204, title I, 42 Stat. 600, related to appointment of a minister to Egypt. See section 901 of this title. Section 35, acts Feb. 27, 1925, ch. 364, title I, 43 Stat. 1016; Apr. 29, 1926, ch. 195, title I, 44 Stat. 331; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1180; Feb. 15, 1928, ch. 57, title I, 45 Stat. 65; Jan. 25, 1929, ch. 102, title I, 45 Stat. 1096; Apr. 18, 1930, ch. 184, title I, 46 Stat. 175, related to clerks at embassies and legations. See sections 936 to 939 of this title. Section 36, R.S. Sec. 1686, related to compensation of persons filling two offices. Section 37, act June 11, 1874, ch. 275, Sec. 1, 18 Stat. 67, related to special allowance to embassy messenger in Paris. Section 38, act Feb. 5, 1915, ch. 23, Sec. 7, 38 Stat. 807, related to transaction of business by diplomatic officers. See section 805 of this title. Section 39, R.S. Sec. 1688, related to prohibition against uniforms and official costumes. See section 803 of this title. Section 40, R.S. Sec. 1674; acts Feb. 5, 1915, ch. 23, Sec. 6, 38 Stat. 806; July 1, 1916, ch. 208, 39 Stat. 252; May 24, 1924, ch. 182, Sec. 2, 43 Stat. 140, related to definition of diplomatic offices. See section 802 of this title. EFFECTIVE DATE OF REPEAL Repeal effective three months after Aug. 13, 1946, see section 1141 of act Aug. 13, 1946. ------DocID 29027 Document 27 of 536------ -CITE- 22 USC Sec. 277d-31 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-31. Authorization of appropriations -STATUTE- To defray costs that accrue to the United States under the agreement or agreements referred to in section 277d-30 of this title for the construction, operation, and maintenance of drainage conveyance canal projects, there are authorized to be appropriated to the Department of State for use of the United States Section, International Boundary and Water Commission, United States and Mexico, the following amounts: (1) Not to exceed $690,000 for costs of construction. (2) Upon completion of construction, not to exceed $25,000 based on estimated calendar year 1976 costs, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein, annually for costs of operation and maintenance. -SOURCE- (Pub. L. 89-584, Sec. 2, Sept. 19, 1966, 80 Stat. 808; Pub. L. 93-126, Sec. 7(a), Oct. 18, 1973, 87 Stat. 452; Pub. L. 95-105, title V, Sec. 514(a), Aug. 17, 1977, 91 Stat. 862.) -MISC1- AMENDMENTS 1977 - Par. (2). Pub. L. 95-105 inserted 'based on estimated calendar year 1976 costs, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein,' after '$25,000'. 1973 - Par. (2). Pub. L. 93-126 substituted '$25,000' for '$20,000'. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-105 effective Oct. 1, 1977, see section 514(d) of Pub. L. 95-105, set out as a note under section 277d-3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277d-30 of this title. ------DocID 30033 Document 28 of 536------ -CITE- 22 USC CHAPTER 31 -EXPCITE- TITLE 22 CHAPTER 31 -HEAD- CHAPTER 31 - INTERNATIONAL TRAVEL -MISC1- SUBCHAPTER I - NATIONAL TOURISM POLICY Sec. 2121. Congressional findings; establishment of policy. SUBCHAPTER II - DUTIES 2122. Powers and duties of Secretary of Commerce. 2123. Performance of duties by Secretary of Commerce. (a) Methods which may be used in performing Secretary's statutory duties. (b) Prohibition on providing or arranging transportation or accommodations for persons traveling between foreign countries and United States. (c) Matching funds requirement; maximum Federal share of payment costs; recordkeeping by recipient of financial assistance; contents. (d) Audit and examination of books, etc., by Secretary and Comptroller of United States, or duly authorized representatives. 2123a. Reports to President and Congress. 2123b. Regional tourism promotional and marketing program. (a) Financial assistance. (b) Demonstration projects. (c) Requisite showing of applicants for assistance. SUBCHAPTER III - ADMINISTRATION 2124. United States Travel and Tourism Administration. 2124a. Tourism Policy Council. (a) Establishment. (b) Membership; expenses; alternates. (c) Outside participation; meetings. (d) Powers and duties; administrative support. (e) Policy committees. (f) Annual report to President and Congress. 2124b. Travel and Tourism Advisory Board. (a) Establishment; membership. (b) Term of office. (c) Election of officers. (d) Expenses. (e) Meetings. (f) Functions and duties; annual report. 2125. Transferred. 2126. Authorization of appropriations. 2127. Definitions. 2128. United States Travel and Tourism Administration Facilitation Fee. (a) Collection. (b) Amount. (c) Payment. (d) Disposition of payments. (e) Aggregate amounts collected. (f) Rules and regulations. 2129. Civil penalties for nonpayment of Travel and Tourism Administration Facilitation Fee. (a) Amount. (b) Civil action for recovery of penalty. (c) Compromise, modification, or remitment of civil penalty. (d) Subpoenas. ------DocID 31509 Document 29 of 536------ -CITE- 24 USC Sec. 31 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 31. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section, act Jan. 19, 1929, ch. 85, 45 Stat. 1090, related to care of naval patients in other Government hospitals where naval hospital facilities are not available. See section 6201 of Title 10, Armed Forces. ------DocID 31703 Document 30 of 536------ -CITE- 25 USC Sec. 28 to 31 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 28 to 31. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 634 -MISC1- Section 28, R.S. Sec. 2056; act May 17, 1882, ch. 163, Sec. 1, 22 Stat. 87, fixed term of office for Indian Agents. Section 29, R.S. Sec. 2057, provided for a bond by Indian Agents. Section 30, R.S. Sec. 2060, prescribed limits of residence of Indian Agents. Section 31, R.S. Sec. 2058, related to duties of Indian Agents. ------DocID 32431 Document 31 of 536------ -CITE- 25 USC Sec. 640d-31 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-31. Residence of families eligible for relocation assistance -STATUTE- Nothing in this subchapter prohibits the Commissioner from providing relocation assistance to families certified as eligible, regardless of their current place of residence, with funds appropriated to implement this subchapter. -SOURCE- (Pub. L. 93-531, Sec. 32, as added Pub. L. 100-696, title IV, Sec. 407, Nov. 18, 1988, 102 Stat. 4593.) -COD- CODIFICATION Another section 32 of Pub. L. 93-531 was enacted by Pub. L. 100-666, Sec. 7, Nov. 16, 1988, 102 Stat. 3932, and is classified to section 640d-30 of this title. ------DocID 33461 Document 32 of 536------ -CITE- 25 USC CHAPTER 31 -EXPCITE- TITLE 25 CHAPTER 31 -HEAD- CHAPTER 31 - NATIVE AMERICAN LANGUAGES -MISC1- Sec. 2901. Findings. 2902. Definitions. 2903. Declaration of policy. 2904. No restrictions. 2905. Evaluations. 2906. Use of English. ------DocID 33544 Document 33 of 536------ -CITE- 26 USC Sec. 31 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart C -HEAD- Sec. 31. Tax withheld on wages -STATUTE- (a) Wage withholding for income tax purposes (1) In general The amount withheld as tax under chapter 24 shall be allowed to the recipient of the income as a credit against the tax imposed by this subtitle. (2) Year of credit The amount so withheld during any calendar year shall be allowed as a credit for the taxable year beginning in such calendar year. If more than one taxable year begins in a calendar year, such amount shall be allowed as a credit for the last taxable year so beginning. (b) Credit for special refunds of social security tax (1) In general The Secretary may prescribe regulations providing for the crediting against the tax imposed by this subtitle of the amount determined by the taxpayer or the Secretary to be allowable under section 6413(c) as a special refund of tax imposed on wages. The amount allowed as a credit under such regulations shall, for purposes of this subtitle, be considered an amount withheld at source as tax under section 3402. (2) Year of credit Any amount to which paragraph (1) applies shall be allowed as a credit for the taxable year beginning in the calendar year during which the wages were received. If more than one taxable year begins in the calendar year, such amount shall be allowed as a credit for the last taxable year so beginning. (c) Special rule for backup withholding Any credit allowed by subsection (a) for any amount withheld under section 3406 shall be allowed for the taxable year of the recipient of the income in which the income is received. -SOURCE- (Aug. 16, 1954, ch. 736, 68A Stat. 12; Oct. 4, 1976, Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(D), 90 Stat. 1834; Sept. 3, 1982, Pub. L. 97-248, title III, Sec. 302(a), 308(a), 96 Stat. 585, 591; Oct. 19, 1982, Pub. L. 97-354, Sec. 3(i)(4), 96 Stat. 1691; Jan. 12, 1983, Pub. L. 97-448, title III, Sec. 306(b)(1), 96 Stat. 2405; Aug. 5, 1983, Pub. L. 98-67, title I, Sec. 102(a), 104(d)(2), 97 Stat. 369, 379; July 18, 1984, Pub. L. 98-369, div. A, title IV, Sec. 471(c), title VII, Sec. 714(j)(2), 98 Stat. 826, 962.) -MISC1- AMENDMENTS 1984 - Subsec. (a)(1). Pub. L. 98-369, Sec. 714(j)(2), substituted 'as tax under chapter 24' for 'under section 3402 as tax on the wages of any individual'. 1983 - Pub. L. 98-67 added subsec. (c) and repealed amendments made by Pub. L. 97-248. See 1982 Amendment note below. Pub. L. 97-448 amended subsec. (d) generally. See 1982 Amendment note below. 1982 - Pub. L. 97-248, as amended by Pub. L. 97-354 and Pub. L. 97-448, amended section generally, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983. Section 102(a), (b) of Pub. L. 98-67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (Sec. 301-308) of title III of Pub. L. 97-248 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 (now 1986) (this title) shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted. 1976 - Subsec. (b)(1). Pub. L. 94-455 struck out 'or his delegate' after 'The Secretary' and '(or his delegate)' after 'taxpayer or the Secretary'. EFFECTIVE DATE OF 1984 AMENDMENT Section 715 of Pub. L. 98-369 provided that: 'Any amendment made by this subtitle (subtitle A (Sec. 711-715) of title VII of Pub. L. 98-369, see Tables for classification) shall take effect as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982 (Pub. L. 97-248) to which such amendment relates.' EFFECTIVE DATE OF 1983 AMENDMENTS Section 110 of title I of Pub. L. 98-67 provided that: '(a) General Rule. - Except as otherwise provided in this section, the amendments made by this title (enacting sections 3406 and 6705 of this title, amending this section and sections 274, 275, 643, 661, 3402, 3403, 3502, 3507, 6011, 6013, 6015, 6042, 6044, 6049, 6051, 6365, 6401, 6413, 6652, 6653, 6654, 6676, 6678, 6682, 7205, 7215, 7431, 7654, and 7701 of this title, repealing sections 3451 to 3456 of this title, enacting provisions set out as notes under sections 1, 3451, and 6011 of this title, and repealing provisions set out as a note under section 3451 of this title) shall apply with respect to payments made after December 31, 1983. '(b) Section 102. - The amendments made by section 102 (amending this section and sections 274, 275, 643, 661, 3403, 3502, 3507, 6013, 6015, 6042, 6044, 6049, 6051, 6365, 6401, 6413, 6654, 6682, 7205, 7215, 7654, and 7701 of this title, repealing sections 3451 to 3456 of this title, enacting provisions set out as a note under section 3451 of this title, and repealing provisions set out as a note under section 3451 of this title) shall take effect as of the close of June 30, 1983. '(c) Sections 104(b) and 107. - The amendments made by sections 104(b) and 107 (amending sections 6682, 7205, and 7431 of this title) shall take effect on the date of the enactment of this Act (Aug. 5, 1983).' Section 311(d) of Pub. L. 97-448 provided that: 'The amendments made by section 306 (amending this section and sections 48, 55, 263, 291, 312, 338, 401, 501, 1232, 6038A, 6226, 6228, 6679, and 7701 of this title, enacting provisions set out as notes under sections 338 and 1232 of this title, and amending provisions set out as notes under sections 56, 72, 101, 103, 168, 302, 311, 338, 415, 907, and 5701 of this title) shall take effect as if included in the provisions of the Tax Equity and Fiscal Responsibility Act of 1982 (Pub. L. 97-248) to which such amendments relate.' CONSTRUCTION OF AMENDMENT BY TITLE VII OF DIVISION A OF PUB. L. 98-369 Section 701 of title VII of div. A of Pub. L. 98-369 provided that: 'For purposes of applying the amendments made by any title of this Act (see Tables for classification) other than this title, the provisions of this title shall be treated as having been enacted immediately before the provisions of such other titles.' -CROSS- CROSS REFERENCES Amount allowable as credit under this section exceeding taxes imposed by chapter 1 considered as overpayment, see section 6401 of this title. Time tax collected at source deemed paid, see section 6513 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 643, 874, 995, 3406, 6211, 6413, 6513, 6654 of this title. ------DocID 34684 Document 34 of 536------ -CITE- 26 USC CHAPTER 31 -EXPCITE- TITLE 26 Subtitle D CHAPTER 31 -HEAD- CHAPTER 31 - RETAIL EXCISE TAXES -MISC1- Subchapter Sec. (FOOTNOTE 1) A. Certain luxury items 4001 (FOOTNOTE 1) Section numbers editorially supplied. B. Special fuels 4041 C. Heavy trucks and trailers 4051 PRIOR PROVISIONS The provisions of a prior chapter 31, Miscellaneous Excise Taxes, were set out as: Subchapter (A), Jewelry and related items, comprising sections 4001 to 4003; Subchapter (B), Furs, comprising sections 4011 to 4013; Subchapter (C), Toilet preparations, comprising sections 4021 and 4022; Subchapter (D), Luggage, handbags, etc., comprising section 4031; Subchapter (E), Special fuels, comprising sections 4041 and 4042; and Subchapter (F), Special provisions applicable to retailers tax, comprising sections 4051 to 4058. The headings for subchs. (A) to (D) were struck out by section 101(b)(1) and the listed sections were repealed by section 101(a) of Pub. L. 89-44, title I, June 21, 1965, 79 Stat. 136, the Excise Tax Reduction Act of 1965, applicable with respect to articles sold on or after June 22, 1965, as provided in section 701(a) of Pub. L. 89-44, set out as an Effective Date of 1965 Amendment note under section 4161 of this title. The headings for subchs. (E) and (F) were stricken by section 1904(a)(1)(A) of Pub. L. 94-455, title XIX, Oct. 4, 1976, 90 Stat. 1810, the Tax Reform Act of 1976. Sections 4051 to 4053 were repealed by section 101(b)(2) of Pub. L. 89-44, title I, June 21, 1965, 79 Stat. 136, applicable with respect to articles sold on or after June 22, 1965, as provided in section 701(a) of Pub. L. 89-44, set out as an Effective Date of 1965 Amendment note under section 4061 of this title; and sections 4042 and 4054 to 4058 were repealed by section 1904(a)(1)(D) of Pub. L. 94-455, title XIX, Oct. 4, 1976, 90 Stat. 1811, effective Feb. 1, 1977, as provided in section 1904(d) of Pub. L. 94-455, set out as an Effective Date of 1976 Amendment note under section 4041 of this title. The subject matter of the prior sections was as follows: A prior section 4001, acts Aug. 16, 1954, ch. 736, 68A Stat. 473; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 101, 72 Stat. 1275; Sept. 21, 1959, Pub. L. 86-344, Sec. 1(a), 73 Stat. 617, imposed an excise tax equivalent to 10 percent of selling price upon jewelry, stones, watches, clocks, case and movements for watches and clocks, flatware and hollow ware, opera glasses, lorgnettes, marine glasses, field glasses, and binoculars. A prior section 4002, act Aug. 16, 1954, ch. 736, 68A Stat. 473, defined 'articles sold at retail' to include articles sold at auction. A prior section 4003, acts Aug. 16, 1954, ch. 736, 68A Stat. 474; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 102, 72 Stat. 1276, specified exemptions to tax imposed by section 4001. A prior section 4011, act Aug. 16, 1954, ch. 736, 68A Stat. 475, imposed an excise tax equivalent to 10 percent of selling price upon fur articles. A prior section 4012, act Aug. 16, 1954, ch. 736, 68A Stat. 475, defined 'article sold at retail' to include articles manufactured from material supplied by customer and articles sold at auction. A prior section 4013, act Aug. 16, 1954, ch. 736, 68A Stat. 475, specified exemptions to tax imposed by section 4011. A prior section 4021, acts Aug. 16, 1954, ch. 736, 68A Stat. 476; Apr. 8, 1960, Pub. L. 86-413, Sec. 1, 74 Stat. 31, imposed an excise tax equivalent to 10 percent of selling price upon toilet preparations. A prior section 4022, act Aug. 16, 1954, ch. 736, 68A Stat. 476, specified certain exemptions from tax imposed by section 4021, including items for babies, items used in barber shops and beauty parlors, and miniature samples. A prior section 4031, acts Aug. 16, 1954, ch. 736, 68A Stat. 477; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 103, 72 Stat. 1276, imposed an excise tax equivalent to 10 percent of selling price upon luggage and handbags, including billfolds and wallets, traveler's garment bags, and briefcases. A prior section 4042, act Aug. 16, 1954, ch. 736, 68A Stat. 478, provided a cross reference to section 4222 for exemption from tax where special motor fuels are sold for use for certain vessels. A prior section 4051, act Aug. 16, 1954, ch. 736, 68A Stat. 479, defined price for which articles were sold for purposes of determining retailers excise taxes. A prior section 4052, act Aug. 16, 1954, ch. 736, 68A Stat. 479, provided that lease of an article would be considered sale of article for excise tax purposes. A prior section 4053, acts Aug. 16, 1954, ch. 736, 68A Stat. 479; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 104, 72 Stat. 1276, made provision for imposition of retailers tax on installment sales. A prior section 4054, act Aug. 16, 1954, ch. 736, 68A Stat. 479, related to application of taxes to retail sales by United States or by any agency or instrumentality of United States unless specifically exempted from such tax. A prior section 4055, act Aug. 16, 1954, ch. 736, 68A Stat. 480; June 21, 1965, Pub. L. 89-44, title I, Sec. 101(b)(3), 79 Stat. 136, exempted from taxes articles sold for exclusive use of any State, Territory of United States, or any political subdivision thereof, or District of Columbia, including use by such entities of any liquid as a fuel. A prior section 4056, act Aug. 16, 1954, ch. 736, 68A Stat. 480, provided that no tax shall be imposed upon sale of any article for export, or for shipment to a possession of United States and in due course so shipped and exported. A prior section 4057, added Pub. L. 85-859, title I, Sec. 105(a), Sept. 2, 1958, 72 Stat. 1277, and amended Pub. L. 86-344, Sec. 2(a), Sept. 21, 1959, 73 Stat. 617; Pub. L. 89-44, title I, Sec. 101(b)(4), June 21, 1965, 79 Stat. 136; Pub. L. 91-172, title I, Sec. 101(j)(25), Dec. 30, 1969, 83 Stat. 528, provided an exception with respect to sale of any article to a non-profit educational organization for its exclusive use including use of any liquid as a fuel and defined 'non-profit educational organization'. A prior section 4058, act Aug. 16, 1954, ch. 736, 68A Stat. 480, Sec. 4058, formerly 4057, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 105(a), 72 Stat. 1277, related to cross references for exemption of sales to United States in certain cases and administrative provisions of general application. AMENDMENTS 1990 - Pub. L. 101-508, title XI, Sec. 11221(e), Nov. 5, 1990, 104 Stat. 1388-444, added item for subchapter A and redesignated former items for subchapters A and B as B and C, respectively. 1983 - Pub. L. 97-424, title V, Sec. 512(b)(2)(A), Jan. 6, 1983, 96 Stat. 2177, substituted 'Retail Excise Taxes' for 'Special Fuels' in chapter heading, and added an analysis for subchapters A and B. 1976 - Pub. L. 94-455, title XIX, Sec. 1904(a)(1)(A), Oct. 4, 1976, 90 Stat. 1810, substituted 'Special Fuels' for 'Retailers Excise Taxes' in chapter heading. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 6103, 6416, 7261, 7871 of this title. ------DocID 35919 Document 35 of 536------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 31 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 31. General Rules of Pleading -STATUTE- (a) Purpose: The purpose of the pleadings is to give the parties and the Court fair notice of the matters in controversy and the basis for their respective positions. (b) Pleading To Be Concise and Direct: Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading are required. (c) Consistency: A party may set forth two or more statements of a claim or defense alternatively or hypothetically. When two or more statements are made in the alternative and one of them would be sufficient if made independently, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may state as many separate claims or defenses as the party has regardless of consistency or the grounds on which based. All statements shall be made subject to the signature requirements of Rules 23(a)(3) and 33. (d) Construction of Pleadings: All pleadings shall be so construed as to do substantial justice. ------DocID 36330 Document 36 of 536------ -CITE- 28 USC CHAPTER 31 -EXPCITE- TITLE 28 PART II CHAPTER 31 -HEAD- CHAPTER 31 - THE ATTORNEY GENERAL -MISC1- Sec. 501. Executive department. 502. Seal. 503. Attorney General. 504. Deputy Attorney General. 504a. Associate Attorney General. 505. Solicitor General. 506. Assistant Attorneys General. 507. Assistant Attorney General for Administration. 508. Vacancies. 509. Functions of the Attorney General. 510. Delegation of authority. 511. Attorney General to advise the President. 512. Attorney General to advise heads of executive departments. 513. Attorney General to advise Secretaries of military departments. 514. Legal services on pending claims in departments and agencies. 515. Authority for legal proceedings; commission, oath, and salary for special attorneys. 516. Conduct of litigation reserved to Department of Justice. 517. Interests of United States in pending suits. 518. Conduct and argument of cases. 519. Supervision of litigation. 520. Transmission of petitions in United States Claims Court or in United States Court of Appeals for the Federal Circuit; statement furnished by departments. 521. Publication and distribution of opinions. 522. Report of business and statistics. 523. Requisitions. 524. Availability of appropriations. 525. Procurement of law books, reference books, and periodicals; sale and exchange. 526. Authority of the Attorney General to investigate United States attorneys, marshals, and trustees, clerks of court, and others. 527. Establishment of working capital fund. 528. Disqualification of officers and employees of the Department of Justice. 529. Annual report of Attorney General. 530. Payment of travel and transportation expenses of newly appointed special agents. 530A. Authorization of appropriations for travel and related expenses and for health care of personnel serving abroad. AMENDMENTS 1988 - Pub. L. 100-690, title VI, Sec. 6281(b), Nov. 18, 1988, 102 Stat. 4369, added item 530A. 1983 - Pub. L. 98-86, Sec. 2, Aug. 26, 1983, 97 Stat. 492, added item 530. 1982 - Pub. L. 97-258, Sec. 2(g)(1)(A), Sept. 13, 1982, 96 Stat. 1060, substituted 'Availability of appropriations' for 'Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs' in item 524. Pub. L. 97-164, title I, Sec. 118(b), Apr. 2, 1982, 96 Stat. 33, substituted 'United States Claims Court or in United States Court of Appeals for the Federal Circuit' for 'Court of Claims' in item 520. 1978 - Pub. L. 95-598, title II, Sec. 219(c), Nov. 6, 1978, 92 Stat. 2662, inserted reference to trustees in item 526. Pub. L. 95-521, title VI, Sec. 603(b), Oct. 26, 1978, 92 Stat. 1875, added items 528 and 529. 1977 - Pub. L. 95-139, Sec. 1(b), Oct. 19, 1977, 91 Stat. 1171, added item 504a. 1975 - Pub. L. 93-613, Sec. 1(2), Jan. 2, 1975, 88 Stat. 1975, added item 527. 1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611, substituted 'THE ATTORNEY GENERAL' for 'UNITED STATES ATTORNEYS' in chapter heading, 'Executive Department' for 'Appointment of United States attorneys' in item 501, 'Seal' for 'Appointment of assistant United States attorneys' in item 502, 'Attorney General' for 'Appointment of attorneys' in item 503, 'Deputy Attorney General' for 'Tenure and oath of office; removal' in item 504, 'Solicitor General' for 'Residence' in item 505, 'Assistant Attorney General' for 'Vacancies' in item 506, 'Assistant Attorney General for Administration' for 'Duties; supervision by Attorney General' in item 507, 'Vacancies' for 'Salaries' in item 508, 'Functions of the Attorney General' for 'Expenses' in item 509, 'Delegation of authority' for 'Clerical assistants and messengers' in item 510, and added items 511 to 526. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 463 of this title; title 42 section 7192. ------DocID 37013 Document 37 of 536------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 31 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 31. Filing and service of briefs -STATUTE- (a) Time for serving and filing briefs. - The appellant shall serve and file a brief within 40 days after the date on which the record is filed. The appellee shall serve and file a brief within 30 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee, but, except for good cause shown, a reply brief must be filed at least 3 days before argument. If a court of appeals is prepared to consider cases on the merits promptly after briefs are filed, and its practice is to do so, it may shorten the periods prescribed above for serving and filing briefs, either by rule for all cases or for classes of cases, or by order for specific cases. (b) Number of copies to be filed and served. - Twenty-five copies of each brief shall be filed with the clerk, unless the court by order in a particular case shall direct a lesser number, and two copies shall be served on counsel for each party separately represented. If a party is allowed to file typewritten ribbon and carbon copies of the brief, the original and three legible copies shall be filed with the clerk, and one copy shall be served on counsel for each party separately represented. (c) Consequence of failure to file briefs. - If an appellant fails to file a brief within the time provided by this rule, or within the time as extended, an appellee may move for dismissal of the appeal. If an appellee fails to file a brief, the appellee will not be heard at oral argument except by permission of the court. -SOURCE- (As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. July 1, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES A majority of the circuits now require the brief of the appellant to be filed within 30 days from the date on which the record is filed. But in those circuits an exchange of designations is unnecessary in the preparation of the appendix. The appellant files with his brief an appendix containing the parts of the record which he deems essential. If the appellee considers other parts essential, he includes those parts in his own appendix. Since the proposed rule requires the appellant to file with his brief an appendix containing necessary parts of the record as designated by both parties, the rule allows the appellant 40 days in order to provide time for the exchange of designations respecting the content of the appendix (see Rule 30(b)). NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1970 AMENDMENT The time prescribed by Rule 31(a) for preparing briefs - 40 days to the appellant, 30 days to the appellee - is well within the time that must ordinarily elapse in most circuits before an appeal can be reached for consideration. In those circuits, the time prescribed by the Rule should not be disturbed. But if a court of appeals maintains a current calendar, that is, if an appeal can be heard as soon as the briefs have been filed, or if the practice of the court permits the submission of appeals for preliminary consideration as soon as the briefs have been filed, the court should be free to prescribe shorter periods in the interest of expediting decision. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT The amendments to Rules 31(a) and (c) are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Form, see rule 32. Motion supported by brief, see rule 27. ------DocID 37075 Document 38 of 536------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 31 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 31. Depositions Upon Written Questions -STATUTE- (a) Serving Questions; Notice. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 30(b)(6). Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time. (b) Officer To Take Responses and Prepare Record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer. (c) Notice of Filing. When the deposition is filed the party taking it shall promptly give notice thereof to all other parties. -SOURCE- (As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule is in accordance with common practice. In most of the states listed in the Note to Rule 26(a), provisions similar to this rule will be found in the statutes which in their respective statutory compilations follow those cited in the Note to Rule 26(a). NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Confusion is created by the use of the same terminology to describe both the taking of a deposition upon 'written interrogatories' pursuant to this rule and the serving of 'written interrogatories' upon parties pursuant to Rule 33. The distinction between these two modes of discovery will be more readily and clearly grasped through substitution of the word 'questions' for 'interrogatories' throughout this rule. Subdivision (a). A new paragraph is inserted at the beginning of this subdivision to conform to the rearrangement of provisions in Rules 26(a), 30(a), and 30(b). The revised subdivision permits designation of the deponent by general description or by class or group. This conforms to the practice for depositions on oral examination. The new procedure provided in Rule 30(b)(6) for taking the deposition of a corporation or other organization through persons designated by the organization is incorporated by reference. The service of all questions, including cross, redirect, and recross, is to be made on all parties. This will inform the parties and enable them to participate fully in the procedure. The time allowed for service of cross, redirect, and recross questions has been extended. Experience with the existing time limits shows them to be unrealistically short. No special restriction is placed on the time for serving the notice of taking the deposition and the first set of questions. Since no party is required to serve cross questions less than 30 days after the notice and questions are served, the defendant has sufficient time to obtain counsel. The court may for cause shown enlarge or shorten the time. Subdivision (d). Since new Rule 26(c) provides for protective orders with respect to all discovery, and expressly provides that the court may order that one discovery device be used in place of another, subdivision (d) is eliminated as unnecessary. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Written interrogatories of a party, see rule 33. ------DocID 37174 Document 39 of 536------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 31 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 31. Judgment on Jury Verdict -STATUTE- UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK CIVIL ACTION, FILE NUMBER XX A. B., Plaintiff v. W Judgment C. D., Defendant This action came on for trial before the Court and a jury, Honorable John Marshall, District Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict, It is Ordered and Adjudged (that the plaintiff A. B. recover of the defendant C. D. the sum of XX, with interest thereon at the rate of X percent as provided by law, and his costs of action.) (that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.) Dated at New York, New York, this XX day of XXX, 19X. XXXXXXXXXXXX, Clerk of Court. -MISC1- NOTE 1. This Form is illustrative of the judgment to be entered upon the general verdict of a jury. It deals with the cases where there is a general jury verdict awarding the plaintiff money damages or finding for the defendant, but is adaptable to other situations of jury verdicts. 2. The clerk, unless the court otherwise orders, is required forthwith to prepare, sign, and enter the judgment upon a general jury verdict without awaiting any direction by the court. The form of the judgment upon a special verdict or a general verdict accompanied by answers to interrogatories shall be promptly approved by the court, and the clerk shall thereupon enter it. See Rule 58, as amended. 3. The Rules contemplate a simple judgment promptly entered. See Rule 54(a). Every judgment shall be set forth on a separate document. See Rule 58, as amended. 4. Attorneys are not to submit forms of judgment unless directed in exceptional cases to do so by the court. See Rule 58, as amended. (Added Jan. 21, 1963, eff. July 1, 1963.) ------DocID 37298 Document 40 of 536------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 31 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 31. Translations -STATUTE- Whenever any record to be transmitted to this Court contains any material written in a foreign language without a translation made under the authority of the lower court, or admitted to be correct, the clerk of the court transmitting the record shall immediately advise the Clerk of this Court to the end that this Court may order that a translation be supplied and, if necessary, printed as a part of the joint appendix. ------DocID 37353 Document 41 of 536------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 31 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 31. Depositions upon Written Questions -STATUTE- (a) Serving Questions; Notice. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 30(b)(6). Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time. (b) Officer To Take Responses and Prepare Record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e) and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and deliver or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer. (c) Notice of Receipt. When the deposition is received, the party taking it shall promptly give notice thereof to all other parties. ------DocID 37460 Document 42 of 536------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 31 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 31. Deposition Upon Written Questions -STATUTE- (a) Serving Questions - Notice. After service of the complaint, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 30(b)(4). Within 30 days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within 10 days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross-questions upon all other parties. The court may for cause shown enlarge or shorten the time. (b) Officer To Take Responses and Prepare Record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e) and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer. (c) Notice of Filing. When the deposition is filed, the party taking it shall promptly give notice thereof to all other parties. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.) ------DocID 37592 Document 43 of 536------ -CITE- 29 USC Sec. 31 to 41c -EXPCITE- TITLE 29 CHAPTER 4 -HEAD- Sec. 31 to 41c. Repealed. Pub. L. 93-112, title V, Sec. 500(a), Sept. 26, 1973, 87 Stat. 390 -MISC1- Section 31, acts June 2, 1920, ch. 219, Sec. 1, 41 Stat. 735; June 5, 1924, ch. 265, 43 Stat. 431; June 9, 1930, ch. 414, Sec. 1, 46 Stat. 524; June 30, 1932, ch. 324, Sec. 1, 47 Stat. 448; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 374; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 652; Nov. 8, 1965, Pub. L. 89-333, Sec. 2(a), 79 Stat. 1282; Oct. 3, 1967, Pub. L. 90-99, Sec. 2, 81 Stat. 250; July 7, 1968, Pub. L. 90-391, Sec. 2, 7(c), 82 Stat. 298, 300; Dec. 31, 1970, Pub. L. 91-610, Sec. 1, 84 Stat. 1817, related to grants to assist in rehabilitating handicapped individuals, providing in subsec. (a) authorization to make grants and a statement of purpose and in subsec. (b) authorization of appropriations. Section 32, acts June 2, 1920, ch. 219, Sec. 2, 41 Stat. 735; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 374; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 652; Nov. 8, 1965, Pub. L. 89-333, Sec. 2(a), 79 Stat. 1282; July 7, 1968, Pub. L. 90-391, Sec. 3, 4, 5, 82 Stat. 298, related to grants to States for vocational rehabilitation services, providing in: subsec. (a) for computation of allotments; subsec. (b) for amount of payments and adjusted Federal shares; and subsec. (c) for private contributions for construction or establishment of facilities. Section 33, acts June 2, 1920, ch. 219, Sec. 3, 41 Stat. 736; June 5, 1924, ch. 265, 43 Stat. 431; June 9, 1930, ch. 414, Sec. 2, 46 Stat. 524; June 30, 1932, ch. 324, Sec. 2, 47 Stat. 449; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 376; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 654; Nov. 8, 1965, Pub. L. 89-333, Sec. 2(a), 79 Stat. 1283; July 7, 1968, Pub. L. 90-391, Sec. 6, 82 Stat. 299, related to grants for innovation of vocational rehabilitation services, providing in: subsec. (a) for the basis of allotments; subsec. (b) for duration of payments; subsec. (c) for restriction on payments; and subsec. (d) for additional amounts. Section 34, acts June 2, 1920, ch. 219, Sec. 4, 41 Stat. 736; June 9, 1930, ch. 414, Sec. 3, 46 Stat. 525; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 377; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 655; Aug. 3, 1956, ch. 903, 70 Stat. 956; Aug. 28, 1957, Pub. L. 85-198, Sec. 1, 71 Stat. 473; Aug. 28, 1957, Pub. L. 85-213, 71 Stat. 488; Nov. 8, 1965, Pub. L. 89-333, Sec. 4(a), 5(a), 12(a), (b)(1), (2), 79 Stat. 1289, 1290, 1293; Oct. 3, 1967, Pub. L. 90-99, Sec. 3, 81 Stat. 251; July 7, 1968, Pub. L. 90-391, Sec. 7(a), (b), (d), 82 Stat. 299, 300; Dec. 31, 1970, Pub. L. 91-610, Sec. 2, 84 Stat. 1817, related to grants for special projects, providing in: subsec. (a) general provisions; subsec. (b) for payments; and subsec. (c) for National Advisory Council on Vocational Rehabilitation. Section 35, acts June 2, 1920, ch. 219, Sec. 5, 41 Stat. 736; June 30, 1932, ch. 324, Sec. 3, 47 Stat. 450; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 377; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 656; Nov. 8, 1965, Pub. L. 89-333, Sec. 8(a), 12(b)(1), 79 Stat. 1291, 1293; Oct. 3, 1967, Pub. L. 90-99, Sec. 6, 81 Stat. 253; July 7, 1968, Pub. L. 90-391, Sec. 8, 82 Stat. 300, related to State plans, providing in: subsec. (a) for requirements for approval; subsec. (b) for approval; subsec. (c) for withholding or limitation of payments; and subsec. (d) for judicial review. Section 36, acts June 2, 1920, ch. 219, Sec. 6, 41 Stat. 737; June 5, 1924, ch. 265, 43 Stat. 432; June 9, 1930, ch. 414, Sec. 4, 46 Stat. 526; June 30, 1932, ch. 324, Sec. 4, 47 Stat. 450; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 378; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 658, related to method of computing and making payments. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644, repealed section 36 of this title, insofar as section 36 authorized an appropriation to finance the operation of the Federal Board for Vocational Education, and insofar as it provided for certain salary restrictions. Section 37, acts June 2, 1920, ch. 219, Sec. 7, 41 Stat. 737; July 6, 1943, ch. 190, Sec. 1, 57 Stat. 378; Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 658; Aug. 28, 1957, Pub. L. 85-198, Sec. 2, 71 Stat. 474; Nov. 8, 1965, Pub. L. 89-333, Sec. 5(b), 7, 12(b)(1), 79 Stat. 1290, 1291, 1293; July 7, 1968, Pub. L. 90-391, Sec. 9, 82 Stat. 301, related to administration, providing in: subsec. (a) general provisions; subsec. (b) for rules and regulations; subsec. (c) for research and dissemination of information; subsec. (d) for authorization of appropriations; and subsec. (e) for evaluation of vocational rehabilitation program. Section 38, act June 2, 1920, ch. 219, Sec. 8, as added July 6, 1943, ch. 190, Sec. 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 659; Nov. 8, 1965, Pub. L. 89-333, Sec. 12(b)(3), 79 Stat. 1293, related to promotion of employment opportunities. Section 39, act June 2, 1920, ch. 219, Sec. 9, as added July 6, 1943, ch. 190, Sec. 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 659, related to annual reports to Congress. Section 40, act June 2, 1920, ch. 219, Sec. 10, as added July 6, 1943, ch. 190, Sec. 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 659, related to appropriations for administration. Section 41, act June 2, 1920, ch. 219, Sec. 11, as added July 6, 1943, ch. 190, Sec. 1, 57 Stat. 379, and amended Aug. 3, 1954, ch. 655, Sec. 2, 68 Stat. 659; Aug. 1, 1956, ch. 852, Sec. 16, 70 Stat. 910; June 25, 1959, Pub. L. 86-70, Sec. 24, 73 Stat. 147; July 12, 1960, Pub. L. 86-624, Sec. 20, 74 Stat. 416; Nov. 8, 1965, Pub. L. 89-333, Sec. 6(a), 9, 10(a), 11, 12(b)(1), (c), (d), 13, 79 Stat. 1291-1294, Oct. 3, 1967, Pub. L. 90-99, Sec. 7, 81 Stat. 253; July 7, 1968, Pub. L. 90-391, Sec. 10, 82 Stat. 301, related to definitions. Section 41a, act June 2, 1920, ch. 219, Sec. 12, as added Nov. 8, 1965, Pub. L. 89-333, Sec. 3, 79 Stat. 1284, and amended July 7, 1968, Pub. L. 90-391, Sec. 11, 82 Stat. 303; Dec. 31, 1970, Pub. L. 91-610, Sec. 3, 84 Stat. 1817, related to grants for construction and staffing of rehabilitation facilities, providing in: subsec. (a) for authorization to make grants; subsec. (b) for project requirements, assurances, plans and specifications, and labor standards; subsec. (c) for percentage shares; subsec. (d) for reservation of grant funds, payment, and additional payments; subsec. (e) for recovery of Federal share upon cessation of public or non-profit character of rehabilitation facilities; subsec. (f) for grants for staffing facilities with professional or technical personnel and limitation on Federal share; subsec. (g) for planning grants; subsec. (h) for adjustments for overpayments or underpayments; subsec. (i) for authorization of appropriations; and subsec. (j) for definitions of 'construction', 'cost' of construction, and what a project for construction of a rehabilitation facility which is primarily a workshop, may include. Section 41b, act June 2, 1920, ch. 219, Sec. 13, as added Nov. 8, 1965, Pub. L. 89-333, Sec. 3, 79 Stat. 1286, and amended July 7, 1968, Pub. L. 90-391, Sec. 12, 82 Stat. 303; Dec. 31, 1970, Pub. L. 91-610, Sec. 4, 84 Stat. 1817, related to rehabilitation facility improvement, providing in: subsec. (a) for grants for projects for training services, authorization, definition of training services, allowances, and payments; subsec. (b) for rehabilitation facility improvement grants; authorization, improvement of service capability, and payments; subsec. (c) for technical assistance to rehabilitation facilities, and compensation of experts and consultants; subsec. (d) for National Policy and Performance Council, its establishment, membership, function, and compensation of members; subsec. (e) for labor standards; and subsec. (f) for authorization of appropriations. Section 41c, act June 2, 1920, ch. 219, Sec. 14, as added Nov. 8, 1965, Pub. L. 89-333, Sec. 3, 79 Stat. 1288, related to waiver in the case of locally financed activity of requirement that plan be statewide. Sections 31 to 41c, referred to above, and sections 42-1 to 42b of this title, were known as the Vocational Rehabilitation Act. Section 500(a) of Pub. L. 93-112, which repealed that Act, also provided that references to such Vocational Rehabilitation Act in any other provision of law shall, ninety days after Sept. 26, 1973, be deemed to be references to the Rehabilitation Act of 1973, which is classified generally to chapter 15 (Sec. 701 et seq.) of this title. See section 790 of this title. Such former provisions are covered by various sections as follows: --------------------------------------------------------------------- Former sections Present sections --------------------------------------------------------------------- 31(a) 701(1), 720(a) 31(b)(1), (2) 720(b)(1), (2) 31(b)(3)(A) 761(a), 774(a) 31(b)(3)(B) 720(b)(2) 31(b)(3)(C), (D) 774(a)(1) 31(b)(4) See 720(b), 761(a), 774(a) 32(a) 730(a) 32(b) 731(a) 32(c) 724 33(a)(1) 740(a)(1) 33(a)(2) 741(a) 33(b) 741(b) 33(c) 709 33(d) 740(b) 34(a) 762(a), (b), 763, 774(b), 776(h) 34(a)(1) 762(a), (b) 34(a)(2)(A) 741(a), (b) 34(a)(2)(B) 774(d) 34(a)(2)(C) 763(b), 774(b) 34(a)(2)(D) 723(a)(7) 34(b) 741(c) 34(c) Repealed 35(a) 721(a) 35(a), (1), (2) 721(a)(1), (2) 35(a)(3) 721(a)(3), (4) 35(a)(4) 721(a)(5)(A)(i) 35(a)(5), (6) 721(a)(5), (6) 35(a)(7) 723(a)(1), (2) 35(a)(8), (9) 721(a)(10), (11) 35(a)(10) 721(a)(11), (12) 35(a)(11) 721(a)(13)(A) 35(a)(12), (13) 721(a)(14), (15) 35(a)(14) 721(a)(17) 35(b)-(d) 721(b)-(d) 36 731(b) 37(a), (b) 780(a), (b) 37(c)(1) 780(c) 37(c)(2) 785(a)(5) 37(d) See 780(d) 37(e) 783 38 See 791, 791(f)(1) 39 784 40 780(d) 41(a)(1) 706(14), 723(a)(1) 41(a)(1)(A)-(C) 723(a)(1)-(3) 41(a)(1)(D), (E) 723(a)(6), (7) 41(a)(2) 723(b) 41(a)(2)(A)(i)-(iv) 723(a)(4)(A)-(D) 41(a)(2)(B) 723(a)(5) 41(a)(2)(C) 723(a)(9) 41(a)(2)(D), (E) 723(b)(1), (2) 41(a)(2)(F) 723(a)(10) 41(a)(2)(G) 723(a) 41(a)(2)(H) 723(a)(3) 41(b) 706(4)(G), (6) 41(c) 706(10) 41(d) See 706(L) 41(e) 706(8) 41(f) 706(3) 41(g) 706(13) 41(h) 707(a) 41(i) 706(5) 41(j) 707(b) 41(k) 706(11) 41(l) 706(1) 41a(a) 771(b)(1) 41a(b) 771(b)(2), 776 41a(b)(1)(A)-(C) 776(b)(1)(A)-(C) 41a(b)(2) 776(b)(4) 41a(b)(3) See 780(b) 41a(b)(4) 776(b)(5) 41a(c) 771(b)(3) 41a(d), (e) 776(c), (d) 41a(f), (g) 771(c), (d) 41a(h) 776(e) 41a(i) 771(a) 41a(j)(1), (2) 706(1) 41a(j)(3) 776(f) 41b(a)(1)-(3) 772(b)(1)-(3) 41b(a)(4) 776(e) 41b(1), (2) 772(c)(1), (2) 41b(b)(3) 776(e) 41b(c) 774(e) 41b(d)(1)-(4) Repealed 41b(e) 776(b)(4) 41b(f) 772(a), 774 41c 721(a)(4) ------------------------------- EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Sept. 26, 1973, see section 500(a) of Pub. L. 93-112, which is classified to section 790(a) of this title. INCREASE OF ALLOTMENT PERCENTAGES FOR ALASKA Pub. L. 86-624, Sec. 47(g), July 12, 1960, 74 Stat. 424, provided that the allotment percentage determined for Alaska under section 41(h) of this title for the first to fourth years for which such percentage was based on the per capita income data for Alaska was to be increased by varying amounts each of those four years, that the Federal share for Alaska determined under section 41(i) of this title, for the first year for which such share was based on per capita income data for Alaska, was to be increased, and that where the first year for which such Federal share was based on per capital income data for Alaska was a fiscal year ending prior to July 1, 1962, the adjusted Federal share for Alaska for such year for purposes of section 32(b) of this title was to be the Federal share determined pursuant to section 41(i) of this title. LIMITATION ON EXPENDITURE OF FUNDS FOR SPECIAL PROJECTS Act Aug. 1, 1955, ch. 437, title II, 69 Stat. 403, provided in part that not more than $2 of the funds made available for special projects under section 34(a)(2) of this title was to be expended for any project for each $1 that the grantee, or the grantee and the State, expended for the same purpose. DISTRICT OF COLUMBIA VOCATIONAL REHABILITATION PROGRAM Act Aug. 3, 1954, ch. 655, Sec. 3, 68 Stat. 662, provided that materials which the Director of the Bureau of the Budget (now the Director of the Office of Management and Budget) determined related to the provision of vocational rehabilitation services in the District of Columbia or the performance of certain functions by State licensing agencies were to be transferred within ninety days after Aug. 3, 1954, from the Department of Health, Education, and Welfare to the municipal government of the District of Columbia, authorized the Board of Commissioners of the District of Columbia (now the Mayor of the District of Columbia) to take the necessary steps to secure the benefits of act June 2, 1920, ch. 219, 41 Stat. 735, and also authorized the Secretary of Health, Education, and Welfare to continue the performance of certain functions relating to rehabilitation services in the District of Columbia until the completion of the transfer of responsibility. HOMEBOUND PHYSICALLY HANDICAPPED INDIVIDUALS Act Aug. 3, 1954, ch. 655, Sec. 7, 68 Stat. 665, required the Secretary of Health, Education, and Welfare to make a thorough study of existing programs for teaching and training handicapped persons, commonly known as shut-ins, whose disabilities confine them to their homes or beds, for the purpose of ascertaining whether additional or supplementary programs or services are necessary, particularly in rural areas, in order to provide adequate general ameliorative and vocational training for such handicapped persons, and provided that the Secretary shall report to the Congress not later than six months after Aug. 3, 1954, the results of such study, together with such recommendations as may be desirable. STATE COMPLIANCE WITH CHAPTER Act July 6, 1943, ch. 190, Sec. 3(b), 57 Stat. 380, authorized particular States which were unable to comply with the preconditions of act June 2, 1920, ch. 219, 41 Stat. 735, on July 6, 1943, to secure the benefits of such act, for a period of sixty days after their particular State legislatures meet for the first time after such date. APPROPRIATIONS FOR VOCATIONAL REHABILITATION Act June 26, 1940, ch. 428, 54 Stat. 583, making appropriations for the fiscal year ending June 30, 1941, made certain appropriations for cooperative vocational rehabilitation, and expenses connected therewith, with provisions for apportionment to the States to be computed in accordance with act June 2, 1920, ch. 219, 41 Stat. 735, and other acts. ------DocID 38498 Document 44 of 536------ -CITE- 30 USC Sec. 31 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 31. Oath: agent or attorney in fact, beyond district of claim -STATUTE- The adverse claim required by section 30 of this title may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the district wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record of the United States or of the State or Territory where the adverse claimant may then be, or before any notary public of such State or Territory. -SOURCE- (Apr. 26, 1882, ch. 106, Sec. 1, 22 Stat. 49.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1. ------DocID 814 Document 45 of 536------ -CITE- TABLE OF POPULAR NAMES Civil Service Retirement Act of 1930, as renumbered July 31, 1956 -COD- May 29, 1930, ch. 349, Sec. 1-18, as renumbered July 31, 1956, ch. 804, title IV, Sec. 401, 70 Stat. 743 (See Title 5, Sec. 8331 et seq.) Aug. 1, 1956, ch. 837, title IV, Sec. 409, 70 Stat. 877 June 17, 1957, Pub. L. 85-56, title XXII, Sec. 2201(2), 71 Stat. 157 June 29, 1957, Pub. L. 85-65, Sec. 1, 2, 71 Stat. 209 Aug. 14, 1958, Pub. L. 85-661, 72 Stat. 614 Aug. 27, 1958, Pub. L. 85-772, Sec. 1, 72 Stat. 930 Sept. 2, 1958, Pub. L. 85-857, Sec. 13(c), 72 Stat. 1264 Sept. 21, 1959, Pub. L. 86-306, 73 Stat. 583 Apr. 8, 1960, Pub. L. 86-415, Sec. 6(c), 74 Stat. 35 July 1, 1960, Pub. L. 86-568, title I, Sec. 115(b)(1), 74 Stat. 302 July 7, 1960, Pub. L. 86-604, Sec. 1, 74 Stat. 358 July 12, 1960, Pub. L. 86-622, Sec. 1(a), 2, 3, 5, 74 Stat. 409, 410 Sept. 6, 1960, Pub. L. 86-713, Sec. 1, 74 Stat. 813 Sept. 14, 1961, Pub. L. 87-233, Sec. 2, 75 Stat. 507 Sept. 22, 1961, Pub. L. 87-293, title I, Sec. 21, 75 Stat. 623 Oct. 4, 1961, Pub. L. 87-350, 75 Stat. 770 Oct. 11, 1962, Pub. L. 87-793, Sec. 1102, 1103, 76 Stat. 869-871 Feb. 7, 1964, Pub. L. 88-267, Sec. 1, 78 Stat. 8, 9 Sept. 27, 1965, Pub. L. 89-205, Sec. 1, 79 Stat. 840 Nov. 1, 1965, Pub. L. 89-314, Sec. 1, 79 Stat. 1162 Mar. 23, 1966, Pub. L. 89-373, Sec. 2, 80 Stat. 78 Mar. 30, 1966, Pub. L. 89-378, 80 Stat. 93 Apr. 25, 1966, Pub. L. 89-407, 80 Stat. 131 July 18, 1966, Pub. L. 89-504, title V, Sec. 502-509, 80 Stat. 300 Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat. 632, 648, 659 Sept. 26, 1966, Pub. L. 89-604, Sec. 1, 80 Stat. 846 Nov. 2, 1966, Pub. L. 89-702, title II, Sec. 208(c), 80 Stat. 1096 ------DocID 39146 Document 46 of 536------ -CITE- 31 USC SUBTITLE I -EXPCITE- TITLE 31 SUBTITLE I -HEAD- SUBTITLE I - GENERAL -MISC1- Chap. Sec. 1. Definitions 101 3. Department of the Treasury 301 5. Office of Management and Budget 501 7. General Accounting Office 701 9. Agency Chief Financial Officers 901 AMENDMENTS 1990 - Pub. L. 101-576, title II, Sec. 205(b), Nov. 15, 1990, 104 Stat. 2845, added item for chapter 9. ------DocID 39147 Document 47 of 536------ -CITE- 31 USC CHAPTER 1 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 1 -HEAD- CHAPTER 1 - DEFINITIONS -MISC1- Sec. 101. Agency. 102. Executive agency. 103. United States. ------DocID 39148 Document 48 of 536------ -CITE- 31 USC Sec. 101 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 1 -HEAD- Sec. 101. Agency -STATUTE- In this title, 'agency' means a department, agency, or instrumentality of the United States Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 101 (no source). ------------------------------- The section is included to avoid the necessity for defining 'agency' each time it is used in the revised title. ------DocID 39149 Document 49 of 536------ -CITE- 31 USC Sec. 102 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 1 -HEAD- Sec. 102. Executive agency -STATUTE- In this title, 'executive agency' means a department, agency, or instrumentality in the executive branch of the United States Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 102 (no source). ------------------------------- The section is included to avoid the necessity for defining 'executive agency' each time it is used in the revised title. ------DocID 39150 Document 50 of 536------ -CITE- 31 USC Sec. 103 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 1 -HEAD- Sec. 103. United States -STATUTE- In this title, 'United States', when used in a geographic sense, means the States of the United States and the District of Columbia. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 103 (no source). ------------------------------- The section is included to avoid the necessity for defining 'United States' each time it is used in the revised title. ------DocID 39151 Document 51 of 536------ -CITE- 31 USC CHAPTER 3 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 -HEAD- CHAPTER 3 - DEPARTMENT OF THE TREASURY -MISC1- SUBCHAPTER I - ORGANIZATION Sec. 301. Department of the Treasury. 302. Treasury of the United States. 303. Bureau of Engraving and Printing. 304. Bureau of the Mint. 305. Federal Financing Bank. 306. Fiscal Service. 307. Office of the Comptroller of the Currency. 308. United States Customs Service. 309. Office of Thrift Supervision. 310. Continuing in office. SUBCHAPTER II - ADMINISTRATIVE 321. General authority of the Secretary. 322. Working capital fund. 323. Investment of operating cash. 324. Disposing and extending the maturity of obligations. 325. International affairs authorization. 326. Availability of appropriations for certain expenses. 327. Advancements and reimbursements for services. 328. Accounts and payments of former disbursing officials. 329. Limitations on outside activities. 330. Practice before the Department. 331. Reports. 332. Miscellaneous administrative authority. AMENDMENTS 1989 - Pub. L. 101-73, title III, Sec. 307(a)(2), Aug. 9, 1989, 103 Stat. 352, added item 309 and redesignated former item 309 as 310. 1984 - Pub. L. 98-302, Sec. 3(b), May 25, 1984, 98 Stat. 218, added item 332. ------DocID 39152 Document 52 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- SUBCHAPTER I - ORGANIZATION ------DocID 39153 Document 53 of 536------ -CITE- 31 USC Sec. 301 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 301. Department of the Treasury -STATUTE- (a) The Department of the Treasury is an executive department of the United States Government at the seat of the Government. (b) The head of the Department is the Secretary of the Treasury. The Secretary is appointed by the President, by and with the advice and consent of the Senate. (c) The Department has a Deputy Secretary of the Treasury appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall carry out - (1) duties and powers prescribed by the Secretary; and (2) the duties and powers of the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant. (d) The Department has 2 Under Secretaries, 2 Deputy Under Secretaries, and a Treasurer of the United States, appointed by the President, by and with the advice and consent of the Senate. The Department also has a Fiscal Assistant Secretary appointed by the Secretary. They shall carry out duties and powers prescribed by the Secretary. The President may designate one Under Secretary as Counselor. When appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary. (e) The Department has 7 Assistant Secretaries appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretaries shall carry out duties and powers prescribed by the Secretary. The Assistant Secretaries appointed under this subsection are in addition to the Assistant Secretaries appointed under subsection (d) of this section. (f)(1) The Department has a General Counsel appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief law officer of the Department. Without regard to those provisions of title 5 governing appointment in the competitive service, the Secretary may appoint not more than 5 Assistant General Counsels. The Secretary may designate one of the Assistant General Counsels to act as the General Counsel when the General Counsel is absent or unable to serve or when the office of General Counsel is vacant. The General Counsel and Assistant General Counsels shall carry out duties and powers prescribed by the Secretary. (2) The President may appoint, by and with the advice and consent of the Senate, an Assistant General Counsel who shall be the Chief Counsel for the Internal Revenue Service. The Chief Counsel is the chief law officer for the Service and shall carry out duties and powers prescribed by the Secretary. (g) The Department shall have a seal. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 878; Pub. L. 98-594, Sec. 1(a), Oct. 30, 1984, 98 Stat. 3129; Pub. L. 99-190, Sec. 141, Dec. 19, 1985, 99 Stat. 1324.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 301(a) 31:1001(words before R.S. Sec. 233. 1st comma). 301(b) 31:1001(words after 1st comma). 301(c) 31:1004(related to Feb. 17, 1922, ch. Deputy Secretary). 55(related to appointment and duties of Deputy and Under Secretaries), 42 Stat. 366; July 22, 1954, ch. 557, Sec. 3, 68 Stat. 496; restated May 18, 1972, Pub. L. 92- 302, Sec. 1(a), 86 Stat. 148. Jan. 3, 1923, ch. 22(related to appointment and duties of Deputy and Under Secretaries), 42 Stat. 1087. Apr. 4, 1924, ch. 84(related to appointment and duties of Deputy and Under Secretaries), 43 Stat. 64. 31:1005. Feb. 17, 1922, ch. 55(related to vacancy in office of Secretary of the Treasury), 42 Stat. 366; restated May 18, 1972, Pub. L. 92-302, Sec. 1(a), 86 Stat. 149. Jan. 3, 1923, ch. 22(related to vacancy in office of Secretary of the Treasury), 42 Stat. 1087. Apr. 4, 1924, ch. 84(related to vacancy in office of Secretary of the Treasury), 43 Stat. 64. 301(d) 31:141. R.S. Sec. 301. 31:1004(related to Under Secretaries). 31:1005a(1st-3d May 18, 1972, Pub. sentences). L. 92-302, Sec. 1(b), 86 Stat. 149. 5 App. Reorg. Plan No. 3 of 1940, eff. June 30, 1940, Sec. 1(a)(7)(1st sentence), 54 Stat. 1231. 301(e) 31:1005a(last sentence). 31:1006. R.S. Sec. 234; July 11, 1890, ch. 667, Sec. 1(1st par. under heading 'Treasury Department'), 26 Stat. 236; Mar. 3, 1917, ch. 163, Sec. 1(1st par. under heading 'Treasury Department'), 39 Stat. 1083; Reorg. Plan No. 3 of 1940, eff. June 30, 1940, Sec. 1(d), 54 Stat. 1232; restated July 22, 1954, ch. 557, Sec. 4, 68 Stat. 496; July 8, 1963, Pub. L. 88-58, 77 Stat. 76; May 18, 1972, Pub. L. 92- 302, Sec. 1(c), 86 Stat. 149. 31:1007. R.S. Sec. 245. 301(f)(1) 26:7801(b)(1), Aug. 16, 1954, ch. (2)(last sentence), 736, Sec. 7801(b), (3). 68A Stat. 915; restated Sept. 22, 1959, Pub. L. 86- 368, Sec. 1, 73 Stat. 647; Aug. 14, 1964, Pub. L. 88- 426, Sec. 305(39), 78 Stat. 427; Oct. 4, 1976, Pub. L. 94- 455, Sec. 1906(b)(13)(B), 90 Stat. 1834. 31:1009. May 10, 1934, ch. 277, Sec. 512(a), (c), 48 Stat. 758, 759. 301(f)(2) 26:7801(b)(2)(1st, 2d sentences). 301(g) 31:1010(related to R.S. Sec. seal). 372(related to seal); May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759. ------------------------------- In subsection (a), the words 'of the United States Government' are added for clarity. In subsection (b), the words 'The Secretary is appointed by the President, by and with the advice and consent of the Senate' are added to conform with clause 2, section 2, of article II of the Constitution. In subsection (c), the words 'carry out' and 'duties and powers' are substituted for 'perform' and 'duties', respectively, for consistency in the revised title and with other titles of the United States Code. In clause (1), the words 'in the Office of the Secretary' in 31:1004 are omitted as unnecessary because of the restatement and for consistency. Clause (2) is substituted for 31:1005 to eliminate unnecessary words and for consistency with other titles of the Code. In subsection (d), the words 'in accordance with the civil-service laws' in section 1(a)(7)(1st sentence) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1232) are omitted as unnecessary because of title 5. The words 'and shall receive a salary at the rate of $15,000 per annum' are omitted as superseded by 5:5316. The words 'carry out' and 'duties and powers' are substituted for 'perform' and 'duties', respectively, in 31:1004 and 1005a for consistency in the revised title and with other titles of the Code. The words 'in the Office of the Secretary' in 31:1004 are omitted as unnecessary because of the restatement and for consistency. The words 'of the Treasury' in 31:1005a are omitted for consistency with other titles of the Code and as being unnecessary. In subsection (e), the words 'of the Treasury' in 31:1006 and 1007 are omitted for consistency with other titles of the Code and as being unnecessary. The words 'examine letters, contracts, and warrants prepared for the signature of the Secretary of the Treasury' and 'by law' in 31:1007 are omitted as superseded by the source provisions restated in section 321 of the revised title. The words 'carry out' and 'duties and powers' are substituted for 'perform' and 'duties', respectively, for consistency in the revised title and with other titles of the Code. In subsection (f), the words 'carry out' and 'duties and powers' are substituted for 'perform' and 'duties', respectively, for consistency in the revised title and with other titles of the Code. The text of 26:7801(b)(3) is omitted as unnecessary because of 5:3101. The words 'is absent or unable to serve or when the office of General Counsel is vacant' are substituted for 'during the absence of' for clarity and consistency. The text of 31:1009(less (a)(6th sentence)) is omitted as superseded by 26:7801(b) as restated in this subsection. In subsection (f)(1), the words 'governing appointment in the competitive service' are substituted for 'civil service laws' to conform to 5:2102. In subsection (g), the words 'The General Counsel . . . shall have charge' are omitted as superseded by the source provisions restated in subsection (b) of this section and section 321(c) of the revised title. -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointment in the competitive service, referred to in subsec. (f)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1985 - Subsec. (d). Pub. L. 99-190 substituted '2 Under Secretaries' for 'an Under Secretary, an Under Secretary for Monetary Affairs', and 'The President may designate one Under Secretary as Counselor' for 'When appointing the Under Secretary, the President may designate the Under Secretary as Counselor'. 1984 - Subsec. (e). Pub. L. 98-594 substituted '7' for '5'. DUTIES AND FUNCTIONS OF DEPARTMENT OF THE TREASURY Nothing in Pub. L. 101-576 (see Short Title of 1990 Amendment note set out under section 501 of this title) to be construed to interfere with exercise of functions, duties, and responsibilities of Department of the Treasury, as in effect immediately before Nov. 15, 1990, see section 204 of Pub. L. 101-576, set out as a note under section 501 of this title. DESIGNATION OF OFFICERS TO ACT AS SECRETARY OF THE TREASURY Designation of officers of Treasury Department to act as Secretary of Treasury, during any period when, by reason of absence, disability, or vacancy in office, either the Secretary of Treasury or his Deputy Secretary is not available to exercise the powers or perform the duties of the office of the Secretary, see Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, set out as a note under section 3347 of Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Classification and pay of employees, see sections 5101 et seq. and 5331 et seq. of Title 5, Government Organization and Employees. Compensation of Secretary and other officers, see section 5312 et seq. of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 306 of this title; title 12 section 1462a; title 26 section 7801. ------DocID 39154 Document 54 of 536------ -CITE- 31 USC Sec. 302 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 302. Treasury of the United States -STATUTE- The United States Government has a Treasury of the United States. The Treasury is in the Department of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 302 31:472. R.S. Sec. 3591. ------------------------------- The section is substituted for the source provisions to eliminate unnecessary words and because of subsequent laws and the restatement in the revised title about the authority of the Secretary of the Treasury and coins, currency, accounts, depositaries, and public debt of the United States Government. ------DocID 39155 Document 55 of 536------ -CITE- 31 USC Sec. 303 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 303. Bureau of Engraving and Printing -STATUTE- (a) The Bureau of Engraving and Printing is a bureau in the Department of the Treasury. (b) The head of the Bureau is the Director of the Bureau of Engraving and Printing appointed by the Secretary of the Treasury. The Director - (1) shall carry out duties and powers prescribed by the Secretary; and (2) reports directly to the Secretary. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 303 31:171. June 4, 1897, ch. 2, Sec. 1(4th proviso on p. 18), 30 Stat. 18. ------------------------------- In subsection (a), the words 'a bureau in the Department of the Treasury' are added for clarity and consistency in chapter 3 of the revised title. In subsection (b), the first sentence is substituted for the words before the first comma because of the source provisions restated in section 321(c) of the revised title. Clause (1) is substituted for 'subject to the direction of the Secretary of the Treasury' for consistency in the revised title and with other titles of the United States Code. The words 'and be responsible' are omitted as being included in 'reports directly to' and because of section 301 of the revised title. ------DocID 39156 Document 56 of 536------ -CITE- 31 USC Sec. 304 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 304. Bureau of the Mint -STATUTE- (a) The Bureau of the Mint is a bureau in the Department of the Treasury. (b)(1) The head of the Bureau is the Director of the Mint. The Director is appointed by the President, by and with the advice and consent of the Senate. The term of the Director is 5 years. The President may remove the Director from office. On removal, the President shall send a message to the Senate giving the reasons for removal. (2) The Director shall carry out duties and powers prescribed by the Secretary of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 304(a) 31:251(1st sentence R.S. Sec. 343(less less words after 1st sentence words 1st comma). after 1st comma). 304(b)(1) 31:251(2d sentence words before comma, last sentence). 304(b)(2) 31:251(2d sentence words after comma). ------------------------------- In subsection (b)(1), the word 'head' is substituted for 'chief officer' in 31:251 for clarity and consistency in the revised title and with other titles of the United States Code. The word 'is' is substituted for 'shall be denominated' to eliminate unnecessary words. In subsection (b)(2), the words 'The Director shall carry out duties and powers prescribed by the Secretary of the Treasury' are substituted for 'and shall be under the general direction of the Secretary of the Treasury' for clarity and consistency in the revised title. ------DocID 39157 Document 57 of 536------ -CITE- 31 USC Sec. 305 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 305. Federal Financing Bank -STATUTE- The Federal Financing Bank, established under section 4 of the Federal Financing Bank Act of 1973 (12 U.S.C. 2283), is subject to the direction and supervision of the Secretary of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 305 (no source). ------------------------------- The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury. ------DocID 39158 Document 58 of 536------ -CITE- 31 USC Sec. 306 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 306. Fiscal Service -STATUTE- (a) The Fiscal Service is a service in the Department of the Treasury. (b) The head of the Fiscal Service is the Fiscal Assistant Secretary appointed under section 301(d) of this title. (c) The Fiscal Service has a - (1) Bureau of Government Financial Operations, having as its head a Commissioner of Government Financial Operations; and (2) Bureau of the Public Debt, having as its head a Commissioner of the Public Debt. (d) The Secretary of the Treasury may designate another officer of the Department to act as the Fiscal Assistant Secretary when the Fiscal Assistant Secretary is absent or unable to serve or when the office of Fiscal Assistant Secretary is vacant. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 306 5 App. Reorg. Plan No. 3 of 1940, eff. June 30, 1940, Sec. 1(less (a)(7)(1st sentence), (d)), 54 Stat. 1231. ------------------------------- In subsection (a), the word 'service' is substituted for 'agency' in section 1(a)(1)(words before last comma) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1232) for consistency in the revised title. The words related to the organizational units being consolidated into the Fiscal Service are omitted as executed. In subsection (b), the text of section 1(a)(7)(2d sentence) of Reorganization Plan No. 3 of 1940 is omitted because of the source provisions restated in section 301(d) of the revised title. In subsection (c), the words 'Office of the Fiscal Assistant Secretary' in section 1(a)(2) of Reorganization Plan No. 3 of 1940 are omitted as unnecessary and for consistency in chapter 3 of the revised title. The words 'the Office of the Treasurer of the United States' are omitted because this office is no longer in the Fiscal Service. See Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words 'Bureau of Government Financial Operations' are substituted for 'Bureau of Accounts' because of Treasury Order 229 and appropriation Acts beginning with fiscal year 1975. The text of section 1(a)(2)(last sentence) is omitted as unnecessary because of section 301 of the revised title. The words 'Commissioner of Government Financial Operations' are substituted for 'Commissioner of Accounts and Deposits' in section 1(a)(3) of the Reorganization Plan because of Treasury Order 229 and appropriation Acts beginning with fiscal year 1975. The words before the last comma are omitted as executed. The words related to the organizational units, in section 1(a)(4) of the Reorganization Plan, that are being consolidated into the Bureau of the Public Debt are omitted as executed. Subsection (d) is substituted for the text of section 1(a)(7)(last sentence) of Reorganization Plan No. 3 of 1940 for consistency in the revised title. The text of section 1(a)(5) and (6), (b), and (c) is omitted as superseded by the source provisions restated in section 321 of the revised title. REIMBURSEMENT OF FINANCIAL MANAGEMENT SERVICE FROM SOCIAL SECURITY TRUST FUNDS Pub. L. 101-136, title I, Sec. 104, Nov. 3, 1989, 103 Stat. 789, provided that: 'Notwithstanding any other provision of law, beginning October 1, 1990, and thereafter, the Financial Management Service shall be fully and directly reimbursed from the Social Security Trust Funds for the costs it incurs in the issuance of Social Security Trust Funds benefit payments, including all physical costs associated with payment preparation and postage costs. Such direct reimbursement shall also be made for all other trust and special funds which are the recipients of services performed by the Financial Management Service and which prior to enactment of this provision (Nov. 3, 1989) reimburse the General Fund of the Treasury for such services.' ------DocID 39159 Document 59 of 536------ -CITE- 31 USC Sec. 307 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 307. Office of the Comptroller of the Currency -STATUTE- The Office of the Comptroller of the Currency, established under section 324 of the Revised Statutes (12 U.S.C. 1), is an office in the Department of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 307 (no source). ------------------------------- The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury. The title 'Office of the Comptroller of the Currency' and the word 'office' are used to reflect the name that this organizational unit of the Department of the Treasury historically has been given. ------DocID 39160 Document 60 of 536------ -CITE- 31 USC Sec. 308 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 308. United States Customs Service -STATUTE- The United States Customs Service, established under section 1 of the Act of March 3, 1927 (19 U.S.C. 2071), is a service in the Department of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 308 (no source). ------------------------------- The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury. -CHANGE- CHANGE OF NAME Bureau of Customs redesignated United States Customs Service by Treasury Department Order 165-23, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. ------DocID 39161 Document 61 of 536------ -CITE- 31 USC Sec. 309 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 309. Office of Thrift Supervision -STATUTE- The Office of Thrift Supervision established under section 2A(a) (FOOTNOTE 1) of the Home Owners' Loan Act shall be an office in the Department of the Treasury. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Added Pub. L. 101-73, title III, Sec. 307(a)(1), Aug. 9, 1989, 103 Stat. 352.) -REFTEXT- REFERENCES IN TEXT Section 2A(a) of the Home Owners' Loan Act, referred to in text, probably means section 3(a) of that Act which established the Office of Thrift Supervision, and which is classified to section 1462a(a) of Title 12, Banks and Banking. -MISC2- PRIOR PROVISIONS A prior section 309 was renumbered section 310 of this title. ------DocID 39162 Document 62 of 536------ -CITE- 31 USC Sec. 310 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 310. Continuing in office -STATUTE- When the term of office of an officer of the Department of the Treasury ends, the officer may continue to serve until a successor is appointed and qualified. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880, Sec. 309; renumbered Sec. 310, Pub. L. 101-73, title III, Sec. 307(a)(1), Aug. 9, 1989, 103 Stat. 352.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 309 31:1016. Mar. 2, 1895, ch. 187(1st par. under heading 'Treasury Department'), 28 Stat. 844. ------------------------------- In the section, the words 'When the term of office . . . ends' are substituted for 'whose terms of office have expired or shall expire' for consistency and to eliminate unnecessary words. The words 'may continue to serve' are substituted for 'The Secretary of the Treasury is authorized and directed to pay', 'and who have been performing or shall perform the duties of their respective offices after the date of such expiration', and 'the salary, compensation, fees, or emoluments authorized or provided by law in each case for the respective incumbents of the offices' because of 25 Op. Atty. Gen. 636 (1906) and for consistency with other titles of the United States Code. The words 'until a successor is appointed and qualified' are substituted for 'before the appointment and qualification of their successors' and 31:1016(last sentence) for consistency with other titles of the Code. AMENDMENTS 1989 - Pub. L. 101-73 renumbered section 309 of this title as this section. ------DocID 39163 Document 63 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- SUBCHAPTER II - ADMINISTRATIVE ------DocID 39164 Document 64 of 536------ -CITE- 31 USC Sec. 321 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 321. General authority of the Secretary -STATUTE- (a) The Secretary of the Treasury shall - (1) prepare plans for improving and managing receipts of the United States Government and managing the public debt; (2) carry out services related to finances that the Secretary is required to perform; (3) issue warrants for money drawn on the Treasury consistent with appropriations; (4) mint coins, engrave and print currency and security documents, and refine and assay bullion, and may strike medals; (5) prescribe regulations that the Secretary considers best calculated to promote the public convenience and security, and to protect the Government and individuals from fraud and loss, that apply to anyone who may - (A) receive for the Government, Treasury notes, United States notes, or other Government securities; or (B) be engaged or employed in preparing and issuing those notes or securities; (6) collect receipts; (7) with a view to prosecuting persons, take steps to discover fraud and attempted fraud involving receipts and decide on ways to prevent and detect fraud; and (8) maintain separate accounts of taxes received in each State, territory, and possession of the United States, and collection district, with each account listing - (A) each kind of tax; (B) the amount of each tax; and (C) the money paid as pay and allowances to officers and employees of the Department collecting taxes in that State, territory, possession, or district. (b) The Secretary may - (1) prescribe regulations to carry out the duties and powers of the Secretary; (2) delegate duties and powers of the Secretary to another officer or employee of the Department of the Treasury; (3) transfer within the Department the records, property, officers, employees, and unexpended balances of appropriations, allocations, and amounts of the Department that the Secretary considers necessary to carry out a delegation made under clause (2) of this subsection; (4) detail, in addition to details authorized under another law, not more than 6 officers and employees of the Department at any one time to enforce the laws related to the Department, except that of those 6 officers and employees not more than 4 officers and employees - (A) paid from the appropriations for the collection of customs may be so detailed; (B) paid from the appropriations for internal revenue may be so detailed; and (C) paid from the appropriations for suppressing counterfeiting and other crimes may be so detailed; (5) authorize, at rates and under conditions prescribed by the Secretary, the private use of telephone lines controlled by the Department when the use does not interfere with Department business; and (6) buy arms and ammunition required by officers and employees of the Department in carrying out their duties and powers. (c) Duties and powers of officers and employees of the Department are vested in the Secretary except duties and powers - (1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Secretary; (2) of the Comptroller of the Currency; and (3) of the Director of the Office of Thrift Supervision; (d)(1) The Secretary of the Treasury may accept, hold, administer, and use gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department of the Treasury. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed on order of the Secretary of the Treasury. Property accepted under this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest. (2) For purposes of the Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for the use of the United States. (3) The Secretary of the Treasury may invest and reinvest the fund in public debt securities with maturities suitable for the needs of the fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Income accruing from the securities, and from any other property accepted under paragraph (1), shall be deposited to the credit of the fund, and shall be disbursed on order of the Secretary of the Treasury for purposes as nearly as possible in accordance with the terms of the gifts or bequests. (4) The Secretary of the Treasury shall, not less frequently than annually, make a public disclosure of the amount (and sources) of the gifts and bequests received under this subsection, and the purposes for which amounts in the separate fund established under this subsection are expended. (e) Certain Reorganization Prohibited. - The Secretary of the Treasury may not merge or consolidate the Office of Thrift Supervision, or any of the functions or responsibilities of the Office or the Director of such office, with the Office of the Comptroller of the Currency or the Comptroller of the Currency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880; Pub. L. 98-369, div. A, title IV, Sec. 445, July 18, 1984, 98 Stat. 816; Pub. L. 101-73, title III, Sec. 307(b), (d), Aug. 9, 1989, 103 Stat. 353.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 321(a)(1)- (3) 31:1002(less words R.S. Sec. 248(less between 1st and 2d words between 4th semicolons and and 5th semicolons). between 4th and 5th semicolons). 321(a)(4) (no source). 321(a)(5) 31:427. R.S. Sec. 251(words after 'Treasury' and before 'shall prescribe forms of entries'). 321(a)(6) 31:1002(words between 1st and 2d semicolons). 321(a)(7) 31:1011. R.S. Sec. 376; May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759. 321(a)(8) 31:1024. R.S. Sec. 239, 261; Feb. 18, 1875, ch. 80, Sec. 1(3d complete par. on p. 317), 18 Stat. 317; Aug. 7, 1946, ch. 770, Sec. 1(48), 60 Stat. 870. 321(b)(1) 31:127. Oct. 9, 1940, ch. 796, Sec. 5, 54 Stat. 1087. 31:317f. Dec. 18, 1942, ch. 767, Sec. 7, 56 Stat. 1066. 31:397. July 23, 1965, Pub. L. 89-81, Sec. 107, 79 Stat. 255. 31:528(d). R.S. Sec. 3646(d); July 8, 1937, ch. 444, Sec. 9, 50 Stat. 483; restated Dec. 3, 1945, ch. 515, Sec. 1, 59 Stat. 593. 31:564. Nov. 21, 1941, ch. 489, Sec. 5, 55 Stat. 778; Dec. 22, 1974, Pub. L. 93- 539, Sec. 1(a) (related to Sec. 4), 88 Stat. 1738. 31:1053. Oct. 26, 1970, Pub. L. 91-508, Sec. 204, 84 Stat. 1120. 31:1262(a). Oct. 20, 1972, Pub. L. 92-512, Sec. 142(a), 86 Stat. 935. 321(b)(2), (3) 31:1001(note). Reorg. Plan No. 26 of 1950, eff. July 31, 1950, Sec. 2, 4, 64 Stat. 1281. 321(b)(4) 31:1017. June 12, 1917, ch. 27, Sec. 1(4th par. under heading 'Miscellaneous Objects, Treasury Department'), 40 Stat. 118; Mar. 4, 1921, ch. 161, Sec. 1(1st par. under heading 'Miscellaneous Objects, Treasury Department'), 41 Stat. 1374. 321(b)(5) 31:486. Apr. 28, 1904, ch. 1762, Sec. 1(proviso immediately before heading 'Revenue- Cutter Service'), 33 Stat. 460. 321(b)(6) 31:1023(a). June 1, 1955, ch. 119, Sec. 1(a), 69 Stat. 82. 321(c) 31:1001(note). Reorg. Plan No. 26 of 1950, eff. July 31, 1950, Sec. 1(a), (b), 64 Stat. 1280. ------------------------------- In subsection (a)(1)-(3), the words between the 2d and 3d semicolons are omitted as superseded by section 3512 of the revised title. In subsection (a)(1), the word 'digest' is omitted as being included in 'prepare'. The word 'receipts' is substituted for 'revenue', and the words 'managing the public debt' are substituted for 'for the support of the public credit', for consistency in the revised title. In subsection (a)(2), the words 'carry out' are substituted for 'generally shall perform' for consistency in the revised title and with other titles of the United States Code. The words 'that the Secretary is required' are substituted for 'as he shall be directed' because of the restatement. In subsection (a)(3), the word 'issue' is substituted for 'shall grant' for consistency. The words 'under limitations herein established or to be provided' are omitted as unnecessary. The word 'consistent' is substituted for 'in pursuance of', and the words 'by law' are omitted, for consistency. Subsection (a)(4) is included to reflect all the major duties of the Secretary of the Treasury. See chapter 51 of the revised title. In subsection (a)(5), before subclause (A), the words 'prescribe regulations' are substituted for 'make and issue from time to time such instructions and regulations' for consistency in the revised title and to eliminate unnecessary words. The words 'applicable to anyone' are substituted for 'to the several collectors, receivers, depositaries, officers, and others' for clarity and to eliminate unnecessary words. In subclause (A), the words 'for the Government' are inserted because section 8 of the Act of June 30, 1864 (ch. 172, 13 Stat. 221), from which section 251 of the Revised Statutes is derived, used the phrase 'in behalf of the United States'. In subclause (B), the words 'those notes and securities' are substituted for 'the same' for clarity. In subsection (a)(6), the word 'collect' is substituted for 'superintend the collection' because of the source provisions restated in section 321(c) of the revised title. The word 'receipts' is substituted for 'revenue' for consistency in the revised title. In subsection (a)(7), the words 'Secretary of the Treasury' are substituted for 'General Counsel of the Department of the Treasury, under the direction of the Secretary of the Treasury' because of the source provisions restated in subsection (c) of this section. The words 'with a view to prosecuting persons' are substituted for 'for the prosecution of persons charged with the commission thereof' for clarity. The words 'take steps to discover fraud and attempted fraud' are substituted for 'take cognizance of all frauds or attempted frauds' for clarity. The words 'involving receipts' are substituted for 'upon the revenue' for consistency in the revised title. The words 'decide on ways to prevent and detect fraud' are substituted for 'exercise a general supervision over the measures for their prevention and detection' for clarity and to eliminate unnecessary words. In subsection (a)(8), before subclause (A), the word 'maintain' is substituted for 'shall be kept' for consistency. The words 'all moneys' and 'internal' are omitted as unnecessary because of the restatement. The words 'duties or' are omitted as being included in 'taxes'. The word 'possession' is added for consistency in the revised title and with other titles of the Code. The word 'listing' is substituted for 'so as to exhibit, as far as may be' for clarity and to eliminate unnecessary words. In subclause (A), the word 'kind' is substituted for 'species' for consistency. The words 'that shall accrue' are omitted as surplus. In subclause (B), the words 'each tax' are substituted for 'each source of revenue' for clarity. In subclause (C), the word 'pay' is substituted for 'compensation' for consistency. The words 'officers and employees' are substituted for 'collectors and deputy collectors, inspectors, and other officers' for consistency and to eliminate unnecessary words. Subsection (b)(1) is included as a general statement of the authority of the Secretary of the Treasury to prescribe regulations to avoid repeating each time specific authority of the Secretary to carry out certain provisions of law. In subsection (b)(2), the words 'make such provisions' in 31:1001(note) are omitted as unnecessary. The words 'or by any agency' are omitted and the words 'duties and powers' are substituted for 'function', for consistency in the revised title and with other titles of the Code. The words 'including any function transferred to the Secretary by the provisions of this reorganization plan' are omitted as executed. In subsection (b)(3), the word 'effect ' is omitted as unnecessary. The words '(available or to be made available)' are omitted as surplus. The words 'delegation made under clause (2) of this subsection' are substituted for 'provisions of this reorganization plan' because the only provision of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1281) that continues to have legal effect is section 2 that is restated in clause (2). In subsection (b)(4), before subclause (A), the word 'detail' is substituted for 'to use for, and in connection with' to eliminate unnecessary words. The words 'in addition to details authorized under another law' are substituted for 31:1017(last sentence) to eliminate unnecessary words and because subsequent laws would also provide additional authority to detail. The words 'and the several branches of the public service under its control' are omitted as being included in 'Department'. The words 'officers and employees' are substituted for 'persons' for clarity and consistency in the revised title. In subclause (B), the words 'agents or from the appropriation for the foregoing purpose' are omitted as unnecessary because of the restatement. In subsection (b)(5), the words 'the proceeds thereof to be accounted for and paid into the Treasury of the United States' are omitted as unnecessary because of section 3302 of the revised title. In subsection (b)(6), the word 'buy' is substituted for 'make expenditures' for consistency in the revised title and with other titles of the Code. The words 'officers or employees' are substituted for 'civilian employees', and the words 'in carrying out their duties and powers' are substituted for 'in the performance of their official duties', for consistency in the revised title and with other titles of the Code. AMENDMENTS 1989 - Subsec. (c)(3). Pub. L. 101-73, Sec. 307(b), added par. (3). Subsec. (e). Pub. L. 101-73, Sec. 307(d), added subsec. (e). 1984 - Subsec. (d). Pub. L. 98-369 added subsec. (d). -TRANS- EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of the Treasury, see Parts 1, 2, and 15 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 2251 of Title 50, Appendix, War and National Defense. ------DocID 39165 Document 65 of 536------ -CITE- 31 USC Sec. 322 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 322. Working capital fund -STATUTE- (a) The Department of the Treasury has a working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services of the Department that the Secretary of the Treasury, with the approval of the Director of the Office of Management and Budget, decides may be carried out more advantageously and more economically as central services. (b) Amounts in the fund remain available until expended. Amounts may be appropriated to the fund. (c) The fund consists of - (1) amounts appropriated to the fund; (2) to the extent transferred to the fund by the Secretary, the reasonable value of supply inventories, equipment, and other assets and inventories on order for providing services out of amounts in the fund, less related liabilities and unpaid obligations; (3) amounts received from the sale or exchange of property; and (4) payments received for loss or damage to property of the fund. (d) The fund shall be reimbursed, or credited with advance payments, from amounts available to the Department or from other sources, for supplies and services at rates that will equal the expenses of operation, including accrual of annual leave and the depreciation of plant and equipment. Amounts the Secretary decides are in excess of the needs of the fund shall be deposited at the end of each fiscal year in the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 881; Pub. L. 98-369, div. A, title IV, Sec. 442, July 18, 1984, 98 Stat. 816.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 322(a) 31:1033(1st sentence Dec. 31, 1970, Pub. less words between L. 91-614, Sec. 1st and 3d commas, 401, 84 Stat. 1846. 2d sentence 1st-9th words). 322(b) 31:1033(1st sentence words between 1st and 3d commas, last sentence). 322(c) 31:1033(2d sentence less 1st-9th words, 4th sentence). 322(d) 31:1033(3d, 5th sentences). ------------------------------- In subsection (a), the words 'Amounts in the fund are available' are added because of the restatement. In subsection (b), the words 'Amounts in the fund remain available until expended' are substituted for 'shall be available, without fiscal year limitation' for consistency in the revised title. In subsection (c)(1), the words 'amounts appropriated to the fund' are substituted for 'any appropriations made for the purpose of providing capital' to eliminate unnecessary words. In clause (2), the word 'reasonable' is substituted for 'fair and reasonable' because it is inclusive. In subsection (d), the words 'other Federal agencies' are omitted because they are included in 'other sources'. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-369 struck out provision placing a $1,000,000 limitation on fund. ------DocID 39166 Document 66 of 536------ -CITE- 31 USC Sec. 323 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 323. Investment of operating cash -STATUTE- (a) To manage United States cash, the Secretary of the Treasury may invest any part of the operating cash of the Treasury for not more than 90 days. Investments may be made in obligations of - (1) depositaries maintaining Treasury tax and loan accounts secured by pledged collateral acceptable to the Secretary; and (2) the United States Government. (b) Subsection (a) of this section does not - (1) require the Secretary to invest a cash balance held in a particular account; or (2) permit the Secretary to require the sale of obligations by a particular person, dealer, or financial institution. (c) The Secretary shall consider the prevailing market in prescribing rates of interest for investments under subsection (a)(1) of this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 323(a) 31:1038(1st sentence Oct. 28, 1977, Pub. less 1st, 2d L. 95-147, Sec. 1, provisos). 91 Stat. 1227. 323(b) 31:1038(1st, 2d provisos). 323(c) 31:1038(last sentence). ------------------------------- In subsection (a), before clause (1), the words 'To manage United States cash' are substituted for 'for cash management purposes' for clarity. In clause (1), the words 'as security for tax and loan accounts' are omitted as unnecessary. In clause (2), the words 'agencies of the United States' are omitted as being included in 'the Government'. In subsection (c), the words 'Investments in obligations of depositaries maintaining such accounts' and 'rates of interest' (the 2d time they appear) are omitted as unnecessary because of the restatement. ------DocID 39167 Document 67 of 536------ -CITE- 31 USC Sec. 324 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 324. Disposing and extending the maturity of obligations -STATUTE- (a) The Secretary of the Treasury may - (1) dispose of obligations - (A) acquired by the Secretary for the United States Government; or (B) delivered by an executive agency; and (2) make arrangements to extend the maturity of those obligations. (b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest. (c) The authority under this section is in addition to authority under another law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882; Pub. L. 98-369, div. A, title IV, Sec. 444, July 18, 1984, 98 Stat. 816.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 324(a) 31:741a(a)(1st Apr. 3, 1945, ch. sentence words 51, Sec. 5, 59 before 9th comma). Stat. 48. 324(b) 31:741a(a)(1st sentence words after 9th comma, last sentence). 324(c) 31:741a(b). ------------------------------- In the section, the words 'sell, exchange' are omitted as being included in 'dispose'. The word 'obligations' is substituted for 'bonds, notes, or other securities' for consistency in the revised title. The words 'under judicial process or otherwise' are omitted as unnecessary. In subsection (a), before clause (1), the words 'Notwithstanding the provisions of section 302 of title 40' are omitted as unnecessary and because section 302 was repealed by section 1(95) of the Act of October 31, 1951 (ch. 654, 65 Stat. 705). In clause (2), the words 'those obligations' are substituted for 'thereof' for clarity. In subsection (b), the words 'The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section' are added for clarity and because of the restatement. The words 'combination of cash, obligations, or property' are substituted for 'or any combination thereof' for clarity. The words 'terms and conditions' are omitted as being included in 'on conditions'. The words 'under the authority of this section' are omitted as unnecessary because of the restatement. Subsection (c) is substituted for 31:741a(b) to eliminate unnecessary words and for consistency in the revised title. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-369 struck out provision that the Secretary could not dispose of obligations of one issuer, held by the Secretary at one time, having on the date of disposal a total face or par value of more than $1,000,000 or, if no-par obligations, a stated or book value of more than $1,000,000. ------DocID 39168 Document 68 of 536------ -CITE- 31 USC Sec. 325 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 325. International affairs authorization -STATUTE- (a) Under regulations prescribed by the Secretary of the Treasury, the Secretary may provide officers and employees of the Department of the Treasury carrying out international affairs duties and powers of the Department with allowances and benefits comparable to those provided under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.). (b) The following amounts may be appropriated to the Secretary for the fiscal year ending September 30, 1982: (1) not more than $22,896,000 to carry out the international affairs duties and powers of the Department (including amounts for official functions and reception and representation expenses). (2) not more than $1,000,000 for increases in - (A) pay, under section 5382(c) and subchapter I of chapter 53 of title 5 (except section 5305, or corresponding prior provision of such title), of officers and employees carrying out the duties and powers referred to in clause (1) of this subsection; (B) departmental contributions attributable to those pay increases; and (C) allowances and benefits, because of cost of living increases, provided under subsection (a) of this section. (c) Necessary amounts may be appropriated to the Secretary for each fiscal year beginning after September 30, 1982 - (1) to carry out the international affairs duties and powers of the Department (including amounts for official functions and reception and representation expenses); (2) for increases in - (A) pay, under section 5382(c) and subchapter I of chapter 53 of title 5 (except section 5303), of officers and employees carrying out the duties and powers referred to in clause (1) of this subsection; (B) departmental contributions attributable to those pay increases; and (C) allowances and benefits, because of cost of living increases, provided under subsection (a) of this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(3)(D)), Nov. 5, 1990, 104 Stat. 1427, 1439.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 325(a) 31:822a(d). Jan. 30, 1934, ch. 6, 48 Stat. 337, Sec. 10(d); added Nov. 8, 1978, Pub. L. 95-612, Sec. 2, 92 Stat. 3091; Oct. 17, 1980, Pub. L. 96-465, Sec. 2206(f), 94 Stat. 2163. 325(b), (c) (uncodified). Nov. 8, 1978, Pub. L. 95-612, Sec. 5, 92 Stat. 3092; Aug. 8, 1979, Pub. L. 96- 47, 93 Stat. 344; Aug. 13, 1981, Pub. L. 97-35, Sec. 382(a), 95 Stat. 432. ------------------------------- In the section, the words 'international affairs duties and powers' are substituted for 'international affairs functions' for consistency in the revised title and with other titles of the United States Code. The words 'officers and employees' are substituted for 'personnel' and 'employees' as being more precise. In subsection (b), before clause (1), the words 'fiscal year ending September 30, 1982' are substituted for 'fiscal year 1982' for consistency in the revised title and with other titles of the Code. In clause (2), the word 'pay' is substituted for 'salaries' for consistency in the revised title and with other titles of the Code. The word 'departmental' is substituted for 'agency' because of the source provisions restated in section 321 of the revised title. The words 'those pay increases' are substituted for 'thereto' for clarity. Subsection (c) is substituted for the words 'and such sums as may be necessary for each fiscal year thereafter' both times they appear. AMENDMENTS 1990 - Subsec. (b)(2)(A). Pub. L. 101-509 substituted '(except section 5305, or corresponding prior provision of such title)' for '(except section 5303)'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. STUDY ON ROLE OF GOLD IN DOMESTIC AND INTERNATIONAL MONETARY SYSTEMS; ESTABLISHMENT OF COMMISSION; REPORT TO CONGRESS; AVAILABILITY OF APPROPRIATIONS Pub. L. 96-389, Sec. 10, Oct. 7, 1980, 94 Stat. 1555, as amended Pub. L. 97-47, Sec. 2, Sept. 30, 1981, 95 Stat. 954, provided that the Secretary of the Treasury establish and chair a commission consisting of three members of the Board of Governors of the Federal Reserve System, two members of the Council of Economic Advisors, and four private citizens with business, finance, or academic backgrounds, to be designated by the Secretary, and one majority and one minority member each from the Joint Economic Committee, the Senate Committee on Banking, Housing, and Urban Affairs, and the House Committee on Banking, Finance and Urban Affairs to be designated by the Speaker of the House and the President of the Senate, respectively. The commission was to conduct a study to assess and make recommendations with regard to the policy of the United States Government concerning the role of gold in domestic and international monetary systems, and transmit to Congress a report containing its findings and recommendations not later than March 31, 1982. Sums appropriated pursuant to section 5 of Public Law 95-612 (Pub. L. 95-612, Sec. 5, Nov. 8, 1978, 92 Stat. 3092, which was not classified to the Code) were made available to the commission to carry out its functions. ------DocID 39169 Document 69 of 536------ -CITE- 31 USC Sec. 326 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 326. Availability of appropriations for certain expenses -STATUTE- (a) Under regulations prescribed by the Secretary of the Treasury, an appropriation for the Department of the Treasury available to pay travel expenses also is available to pay expenses to attend meetings of organizations related to the function or activity for which the appropriation is made. (b) The Secretary may approve reimbursement to agents on protective missions for subsistence expenses authorized by law without regard to rates and amounts established under section 5702 of title 5. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883; Pub. L. 99-234, title I, Sec. 107(e), Jan. 2, 1986, 99 Stat. 1759.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code Source (Statutes at Large) --------------------------------------------------------------------- 326(a) 31:1031. June 1, 1955, ch. 113, Sec. 102, 69 Stat. 76. 326(b) 31:1032. Sept. 29, 1969, Pub. L. 91-74, Sec. 102(1st par.), 83 Stat. 118. ------------------------------- In subsection (a), the words 'On and after June 1, 1955,' are omitted as executed. In subsection (b), the words 'On and after September 29, 1969,' are omitted as executed. AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-234 substituted 'rates and amounts' for 'rates'. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-234 effective (1) on the effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of Pub. L. 99-234, set out as a note under section 5701 of Title 5, Government Organization and Employees. ------DocID 39170 Document 70 of 536------ -CITE- 31 USC Sec. 327 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 327. Advancements and reimbursements for services -STATUTE- (a) In this section, 'service' includes service provided in - (1) disbursing and receiving amounts. (2) servicing bonds. (3) making accounts. (4) maintaining bank accounts. (b) When the Secretary of the Treasury provides a service for an agency (except the Department of the Treasury) for which amounts have not been appropriated to the Department, the agency may advance for credit or reimburse the Department the amounts necessary to provide the service. Notwithstanding section 3302 of this title, amounts advanced or reimbursed may be credited to the appropriation of the Department that is current when the service is provided. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code Source (Statutes at Large) --------------------------------------------------------------------- 327(a) 31:157(c)(2). Aug. 14, 1950, ch. 705, 64 Stat. 440. 327(b) 31:157(a)-(c)(1). ------------------------------- In the section, the word 'amounts' is substituted for 'funds' for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words 'shall not be limited to' are omitted as surplus. The words 'disbursing and receiving' are substituted for 'collection and disbursement', the word 'making' is substituted for 'rendition of', and the word 'maintaining' is substituted for 'keeping', for consistency in the revised title. The word 'checking' is omitted as being included in 'bank'. In subsection (b), the words 'When the Secretary of the Treasury provides a service' are substituted for 'When any service authorized by law and directed by the Secretary of the Treasury is performed or to be performed' to eliminate unnecessary words. The words 'by the Fiscal Service or the Office of the Treasurer of the United States of the Department of the Treasury' are omitted because of the source provisions restated in section 321 of the revised title. The words 'agency (except the Department of the Treasury)' are substituted for 31:157(c)(1) for consistency in the revised title and with other titles of the Code. The word 'reimburse' is substituted for 'pay', and the words 'advanced or reimbursed' are substituted for 'transferred', for clarity and because of the restatement. ------DocID 39171 Document 71 of 536------ -CITE- 31 USC Sec. 328 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 328. Accounts and payments of former disbursing officials -STATUTE- (a) If a chief disbursing official or a director of a disbursing center of the Department of the Treasury dies, resigns, or leaves office, the deputy chief disbursing official or the deputy director of the disbursing center designated by the Secretary of the Treasury may continue the accounts and payments in the name of the former disbursing official or director through the last day of the 2d month after the month in which the death, resignation, or separation occurs. The accounts and payments shall be allowed, audited, and settled as provided by law. The Secretary shall honor checks signed in the name of the former disbursing official or director in the same way as if the former disbursing official or director had continued in office. (b) Only the deputy chief or deputy director designated under subsection (a) of this section is liable for actions taken in the name of the former disbursing official under subsection (a). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code Source (Statutes at Large) --------------------------------------------------------------------- 328(a) 31:1014(1st, 2d Dec. 24, 1942, ch. sentences). 821, 56 Stat. 1086; restated Aug. 1, 1947, ch. 438, 61 Stat. 717; June 6, 1972, Pub. L. 92- 310, Sec. 231(dd), 86 Stat. 213. 328(b) 31:1014(last sentence). ------------------------------- In subsection (a), the words 'director of a disbursing center' are substituted for 'any regional disbursing officer of the Fiscal Service, Treasury Department' to reflect the title of the position now presently authorized. The words 'dies, resigns, or leaves office' are substituted for 'In case of the death or of the resignation or separation from office' for consistency with other titles of the United States Code. The words 'designated by an official of the Treasury Department authorized by the Secretary of the Treasury to make such designation' are omitted as unnecessary because of the source provisions restated in section 321 of the revised title. The word 'through' is substituted for 'for a period of time not to extend beyond' to eliminate unnecessary words. The words 'as provided by law' are substituted for 'in the General Accounting Office', for consistency with other titles of the Code. The word 'Secretary' is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321 of the revised title. Subsection (b) is substituted for 31:1014(last sentence) for clarity and to eliminate unnecessary words. ------DocID 39172 Document 72 of 536------ -CITE- 31 USC Sec. 329 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 329. Limitations on outside activities -STATUTE- (a)(1) The Secretary of the Treasury and the Treasurer may not - (A) be involved in trade or commerce; (B) own any part of a vessel (except a pleasure vessel); (C) buy or hold as a beneficiary in trust public property; (D) be involved in buying or disposing of obligations of a State or the United States Government; and (E) personally take or use a benefit gained from conducting business of the Department of the Treasury except as authorized by law. (2) An officer violating this subsection shall be fined $3,000, removed from office, and thereafter may not hold an office of the Government. (3) An individual (except prosecutors) giving information leading to the prosecution and conviction of an individual violating this subsection shall receive $1,500 of the fine when paid. (b)(1) An officer or employee of the Department (except the Secretary or Treasurer) may not - (A) carry on a trade or business in the funds, debts, or property of a State or the Government; and (B) personally use a benefit gained from conducting business of the Department. (2) An officer or employee violating this subsection shall be fined $500 and removed from office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code Source (Statutes at Large) --------------------------------------------------------------------- 329(a) 31:163, 1003. R.S. Sec. 243. 329(b) 31:1018. R.S. Sec. 244. ------------------------------- In subsection (a)(1), before clause (A), the words 'The Secretary of the Treasury and the Treasurer may not' are substituted for 'No person appointed to the office of Secretary of the Treasury, or Treasurer, shall' because of the restatement and for consistency in the revised title. The words 'or First Comptroller' (subsequently redesignated as the Comptroller of the Treasury by section 4 of the Act of July 31, 1894 (ch. 174, 28 Stat. 205)) and 'or First Auditor' in section 243 of the Revised Statutes are omitted because the positions were abolished by sections 301 and 310 of the Act of June 10, 1921 (ch. 18, 42 Stat. 23, 25). The text of 31:163 is omitted because the position of Register was abolished by section 1(a) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1231). In clause (A), the words 'directly or indirectly' are omitted as unnecessary. The words 'be involved' are substituted for 'be concerned or interested in carrying on the business of' to eliminate unnecessary words. In clause (B), the words 'any part of a' are substituted for 'in whole or in part' for consistency. The words '(except a pleasure vessel)' are added for consistency with 19:1599. In clause (C), the words 'buy or hold as beneficiary in trust' are substituted for 'purchase by himself, or another in trust for him' for clarity and consistency. The words 'public land' are omitted as being included in 'public property'. In clause (D), the words 'involved in buying or disposing of obligations' are substituted for 'be concerned in the purchase or disposal of any public securities' to eliminate unnecessary words and for consistency in the revised title. In clause (E), the words 'personally take or use a benefit gained from conducting business of the Department of the Treasury' are substituted for 'take or apply to his own use any emolument or gain for negotiating or transacting any business in the Treasury Department' to eliminate unnecessary words. In subsection (a)(2), the words 'an officer' are substituted for 'every person' as being more precise. The word 'violating' is substituted for 'who offends against any of the prohibitions of this section' for clarity and to eliminate unnecessary words. The words 'shall be deemed guilty of a high misdemeanor' are omitted because of 18:1. The word 'fined' is substituted for 'forfeit to the United States the penalty' for consistency and to eliminate unnecessary words. The words 'and shall upon conviction be' are omitted as unnecessary. In subsection (a)(3), the words 'giving information leading to the prosecution and conviction of an individual violating this subsection' are substituted for 'shall give information of any such offense, upon which a prosecution and conviction shall be had' for clarity. The words 'shall receive $1,500 of the fine when paid' are substituted for 'one-half the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information' to eliminate unnecessary words. In subsection (b)(1), before clause (A), the words 'An officer or employee of the Department (except the Secretary or Treasurer)' are substituted for 'Every clerk employed in the Treasury Department' because of the restatement and for consistency with subsection (a) of the section. In clause (A), the words 'in any kind of public' are omitted as unnecessary. In clause (B), the words 'personally use a benefit gained' are substituted for 'who takes or applies to his own use any emolument or gain' to eliminate unnecessary words. The word 'conducting' is substituted for 'negotiating or transacting' for consistency. The words 'shall be deemed guilty of a misdemeanor' are omitted because of 18:1. In subsection (b)(2), the words 'An officer or employee violating this subsection' are added because of the restatement. The word 'punished' is omitted as unnecessary. ------DocID 39173 Document 73 of 536------ -CITE- 31 USC Sec. 330 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 330. Practice before the Department -STATUTE- (a) Subject to section 500 of title 5, the Secretary of the Treasury may - (1) regulate the practice of representatives of persons before the Department of the Treasury; and (2) before admitting a representative to practice, require that the representative demonstrate - (A) good character; (B) good reputation; (C) necessary qualifications to enable the representative to provide to persons valuable service; and (D) competency to advise and assist persons in presenting their cases. (b) After notice and opportunity for a proceeding, the Secretary may suspend or disbar from practice before the Department a representative who - (1) is incompetent; (2) is disreputable; (3) violates regulations prescribed under this section; or (4) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. (c) After notice and opportunity for a hearing to any appraiser with respect to whom a penalty has been assessed under section 6701(a) of the Internal Revenue Code of 1986, the Secretary may - (1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and (2) bar such appraiser from presenting evidence or testimony in any such proceeding. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884; Pub. L. 98-369, div. A, title I, Sec. 156(a), July 18, 1984, 98 Stat. 695; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code Source (Statutes at Large) --------------------------------------------------------------------- 330(a) 31:1026(1st July 7, 1884, ch. sentence). 334, Sec. 3(proviso and sentence immediately after proviso under heading 'War Department'), 23 Stat. 258. 330(b) 31:1026(last sentence). ------------------------------- In the section, the words 'representatives of persons' are substituted for 'agents, attorneys, or other persons representing claimants before his department' to eliminate unnecessary words. In subsection (a), before clause (1), the words 'Subject to section 500 of title 5' are added for clarity and to conform to title 5. In clause (1), the word 'regulate' is substituted for 'prescribe rules and regulations' to eliminate unnecessary words. The words 'the practice' are substituted for 'before being recognized' for consistency with other revised titles of the United States Code. In clause (2)(C), the words 'possessed of the' are omitted because of the restatement. In subsection (b), the word 'proceeding' is substituted for 'hearing' because of subchapter II of chapter 5 of title 5. In clause (3), the words 'violates regulations prescribed under this section' are substituted for 'who refuses to comply with said rules and regulations' to eliminate unnecessary words. In clause (4), the words 'in any manner' are omitted as surplus. The word 'deceive' is omitted as being included in the word 'mislead'. The words 'by word, circular, letter, or by advertisement' are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT Section 6701(a) of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 6701(a) of Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 1986 - Subsec. (c). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. 1984 - Subsec. (c). Pub. L. 98-369 added subsec. (c). EFFECTIVE DATE OF 1984 AMENDMENT Section 156(b) of Pub. L. 98-369 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to penalties assessed after the date of the enactment of this Act (July 18, 1984).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 6103. ------DocID 39174 Document 74 of 536------ -CITE- 31 USC Sec. 331 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 331. Reports -STATUTE- (a) The Secretary of the Treasury shall submit to Congress each year an annual report. The report shall include - (1) a statement of the public receipts and public expenditures for the prior fiscal year; (2) estimates of public receipts and public expenditures for the current and next fiscal years; (3) plans for improving and increasing public receipts to provide Congress with information on ways to raise amounts necessary to meet public expenditures; (4) a statement of all contracts for supplies or services made by the Secretary during the prior fiscal year; (5) a statement of appropriations expended to pay for miscellaneous claims not otherwise provided for; (6) a statement on all payments made from the fund under section 3126 of this title for the prior fiscal year; and (7) estimates of amounts for payment under section 1322(b) of this title. (b)(1) On the first day of each regular session of Congress, the Secretary shall submit to Congress a report for the prior fiscal year on - (A) the total and individual amounts of contingent liabilities and unfunded liabilities of the United States Government; (B) as far as practicable, trust fund liabilities, liabilities of Government corporations, indirect liabilities not included as a part of the public debt, and liabilities of insurance and annuity programs (including their actuarial status); (C) collateral pledged and assets available (or to be realized) as security for the liabilities (separately noting Government obligations) and other assets specifically available to liquidate the liabilities of the Government; and (D) the total amount in each category under clauses (A)-(C) of this paragraph for each agency. (2) The report shall present the information required under paragraph (1) of this subsection in a concise way, with explanatory material (including an analysis of the significance of liabilities based on past experience and probable risk) the Secretary considers desirable. (c) On the first day of each regular session of Congress, the Secretary shall submit to Congress a report for the prior fiscal year on the total amount of public receipts and public expenditures listing receipts, when practicable, by ports, districts, and States and the expenditures by each appropriation. (d) The Secretary shall report to either House of Congress in person or in writing, as required, on matters referred to the Secretary by that House of Congress. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code Source (Statutes at Large) --------------------------------------------------------------------- 331(a)(1)- (5) 31:1027. R.S. Sec. 257. 31:1030. Feb. 26, 1907, ch. 1635, Sec. 1(2d par. under heading 'Treasury Department'), 34 Stat. 949. 331(a)(6) 31:757c(i)(last Sept. 24, 1917, ch. sentence). 56, 40 Stat. 288, Sec. 22(i)(last sentence); added Apr. 11, 1943, ch. 52, Sec. 3, 57 Stat. 63; restated Apr. 3, 1945, ch. 51, Sec. 3, 59 Stat. 48. 331(a)(7) 31:725p(a)(last June 26, 1934, ch. sentence). 756, Sec. 17(a)(last sentence), 18(a)(last sentence), 48 Stat. 1230, 1231. 31:725q(a)(last sentence). 331(b) 31:757f. Nov. 13, 1966, Pub. L. 89-809, Sec. 402, 80 Stat. 1590; Apr. 21, 1976, Pub. L. 94-273, Sec. 2(17), 90 Stat. 375. 331(c) 31:1029. July 31, 1894, ch. 174, Sec. 15, 28 Stat. 210. 331(d) 31:1002(words R.S. Sec. 248(words between 4th and 5th between 4th and 5th semicolons) semicolons). ------------------------------- In subsections (a) and (c), the word 'receipts' is substituted for 'revenues' for consistency in the section and the revised title. In subsection (a)(1), the words 'public receipts and public expenditures' are substituted for 'receipts and expenditures of the Government' in 31:1030 for consistency in the section. The word 'completed' is omitted as surplus. In clause (2), the words 'First. A report on the subject of finance' in 31:1027 are omitted because of the restatement. The word 'containing' is omitted as surplus. In clause (4), the words 'Second. A report containing' are omitted because of the restatement. The words 'prior fiscal year' are substituted for 'during the year preceding' for consistency. In clause (5), the words 'paid at the Treasury' are omitted as unnecessary. The 3d paragraph of section 257 of the Revised Statutes, providing for a report on rules and regulations of the Secretary of the Treasury on imported goods, wares, and merchandise, is omitted as obsolete because section 252 of the Revised Statutes, authorizing those rules and regulations, was repealed by the Act of February 27, 1877 (ch. 69, 19 Stat. 241). The 4th paragraph of section 257, providing for a report on amounts of hospital taxes collected from sick and disabled seamen, is omitted as obsolete because section 15 of the Act of June 26, 1884 (ch. 121, 23 Stat. 57), repealed the tax. In clause (7), the words 'the Commissioners of the District of Columbia' (subsequently changed to 'the Mayor of the District of Columbia' by section 422 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 790)) in 31:725p are omitted as unnecessary because of Sec. 448 of the District of Columbia Self-Government and Governmental Reorganization Act. The text of 31:725q(proviso) is omitted because of the restatement. In subsection (b)(1), before clause (A), the words 'for the prior fiscal year' are substituted for 'as of the close of the preceding September 30 (beginning with the report as of June 30, 1967)' to eliminate unnecessary words. In clause (C), the word 'obligations' is substituted for 'securities' for consistency in the revised title. Clause (D) is substituted for 'and of each department, agency, and instrumentality thereof' for clarity. In subsection (c), the words 'a report for the prior fiscal year on the total amount of public receipts and public expenditures' are substituted for 'an accurate combined statement of the receipts and expenditures during the last preceding fiscal year of all public moneys' because of the restatement. The words 'including those of the United States Postal Service' are omitted as unnecessary and superseded by 39:410. In subsection (d), the words 'either House of Congress' are substituted for 'either branch of the legislature' for clarity and consistency. The words 'that House of Congress' are substituted for 'the Senate or House of Representatives' for consistency and because of the restatement. The words 'or which appertain to his office' are omitted as unnecessary because of subsections (a)-(c) of the section. ------DocID 39175 Document 75 of 536------ -CITE- 31 USC Sec. 332 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 332. Miscellaneous administrative authority -STATUTE- The Secretary of the Treasury may to the extent provided in advance by appropriation Acts - (1) contract for the temporary or intermittent services of experts or consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the per diem equivalent to the rate for GS-18; (2) contract with and reimburse the Department of State for health and medical services for employees of the Department of the Treasury and their dependents serving in foreign countries; (3) provide for official functions, and reception and representation activities; (4) maintain, repair, and clean uniforms furnished by the Department of the Treasury to uniformed employees; (5) provide athletic and related activities for students at the Federal Law Enforcement Training Center, Glynco, Georgia; (6) install and maintain fencing, lighting, guard booths, and other facilities as necessary for the performance of protective functions of the Department of the Treasury on property not owned by or under jurisdiction and control of the United States Government and, subsequently, to remove the facilities therefrom; (7) enter into reciprocal assistance agreements with State and local law enforcement agencies and, in connection with the agreements and otherwise, train employees of those agencies, when necessary, with or without reimbursement; (8) provide laboratory assistance to State and local law enforcement agencies, with or without reimbursement; (9) obtain insurance for official motor vehicles operated in foreign countries; and (10)(A) when necessary for the performance of official business - (i) acquire in foreign countries real property by lease for periods not greater than 10 years and personal property for use in foreign countries by purchase, lease, or otherwise, and (ii) manage, maintain, repair, improve, and insure by purchase of commercial insurance policies properties referred to in clause (i), and (B) when appropriate, dispose of (by sale, rent, transfer, or otherwise) properties referred to in subparagraph (A)(i). -SOURCE- (Added Pub. L. 98-302, Sec. 3(a), May 25, 1984, 98 Stat. 217.) -MISC1- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 39176 Document 76 of 536------ -CITE- 31 USC CHAPTER 5 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 -HEAD- CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET -MISC1- SUBCHAPTER I - ORGANIZATION Sec. 501. Office of Management and Budget. 502. Officers. 503. Functions of Deputy Director for Management. 504. Office of Federal Financial Management. 505. Office of Information and Regulatory Affairs. 506. Office of Federal Procurement Policy. SUBCHAPTER II - ADMINISTRATIVE 521. Employees. 522. Necessary expenditures. AMENDMENTS 1990 - Pub. L. 101-576, title II, Sec. 203(c), Nov. 15, 1990, 104 Stat. 2841, added items 503 and 504 and redesignated former items 503 and 504 as 505 and 506, respectively. 1983 - Pub. L. 97-452, Sec. 1(1)(B), Jan. 12, 1983, 96 Stat. 2467, added item 504. ------DocID 39177 Document 77 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- SUBCHAPTER I - ORGANIZATION ------DocID 39178 Document 78 of 536------ -CITE- 31 USC Sec. 501 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 501. Office of Management and Budget -STATUTE- The Office of Management and Budget is an office in the Executive Office of the President. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code Source (Statutes at Large) --------------------------------------------------------------------- 501 31:16(1st sentence). June 10, 1921, ch. 18, Sec. 207(1st sentence), 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085; restated Mar. 2, 1974, Pub. L. 93- 250, Sec. 1, 88 Stat. 11. ------------------------------- SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-576, title I, Sec. 101, Nov. 15, 1990, 104 Stat. 2838, provided that: 'This Act (enacting sections 503, 504, 901 to 903, and 3515 of this title, amending sections 502, 1105, 3512, 3521, 9105, and 9106 of this title, sections 5313 to 5315 of Title 5, Government Organization and Employees, and section 3533 of Title 42, The Public Health and Welfare, renumbering sections 503 and 504 of this title as 505 and 506 of this title, respectively, enacting provisions set out as notes under this section and sections 901, 3511, 3515, and 3521 of this title, and amending provisions set out as a note under section 201 of Title 38, Veterans' Benefits) may be cited as the 'Chief Financial Officers Act of 1990'.' -TRANS- EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to the Director of the Office of Management and Budget, see Parts 1, 2, and 28 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 2251 of Title 50, Appendix, War and National Defense. -MISC5- FINDINGS AND PURPOSES OF CHIEF FINANCIAL OFFICERS ACT OF 1990 Pub. L. 101-576, title I, Sec. 102, Nov. 15, 1990, 104 Stat. 2838, provided that: '(a) Findings. - The Congress finds the following: '(1) General management functions of the Office of Management and Budget need to be significantly enhanced to improve the efficiency and effectiveness of the Federal Government. '(2) Financial management functions of the Office of Management and Budget need to be significantly enhanced to provide overall direction and leadership in the development of a modern Federal financial management structure and associated systems. '(3) Billions of dollars are lost each year through fraud, waste, abuse, and mismanagement among the hundreds of programs in the Federal Government. '(4) These losses could be significantly decreased by improved management, including improved central coordination of internal controls and financial accounting. '(5) The Federal Government is in great need of fundamental reform in financial management requirements and practices as financial management systems are obsolete and inefficient, and do not provide complete, consistent, reliable, and timely information. '(6) Current financial reporting practices of the Federal Government do not accurately disclose the current and probable future cost of operating and investment decisions, including the future need for cash or other resources, do not permit adequate comparison of actual costs among executive agencies, and do not provide the timely information required for efficient management of programs. '(b) Purposes. - The purposes of this Act (see Short Title of 1990 Amendment note above) are the following: '(1) Bring more effective general and financial management practices to the Federal Government through statutory provisions which would establish in the Office of Management and Budget a Deputy Director for Management, establish an Office of Federal Financial Management headed by a Controller, and designate a Chief Financial Officer in each executive department and in each major executive agency in the Federal Government. '(2) Provide for improvement, in each agency of the Federal Government, of systems of accounting, financial management, and internal controls to assure the issuance of reliable financial information and to deter fraud, waste, and abuse of Government resources. '(3) Provide for the production of complete, reliable, timely, and consistent financial information for use by the executive branch of the Government and the Congress in the financing, management, and evaluation of Federal programs.' DUTIES AND FUNCTIONS OF DEPARTMENT OF THE TREASURY Pub. L. 101-576, title II, Sec. 204, Nov. 15, 1990, 104 Stat. 2842, provided that: 'Nothing in this Act (see Short Title of 1990 Amendment note above) shall be construed to interfere with the exercise of the functions, duties, and responsibilities of the Department of the Treasury, as in effect immediately before the enactment of this Act (Nov. 15, 1990).' REORGANIZATION PLAN NO. 2 OF 1970 EFF. JULY 1, 1970, 35 F.R. 7959, 84 STAT. 2085, AS AMENDED PUB. L. 97-258, SEC. 5(B), SEPT. 13, 1982, 96 STAT. 1068, 1085 Prepared by the President and Transmitted to the Senate and the House of Representatives in Congress Assembled March 12, 1970, Pursuant to the Provisions of Chapter 9 of Title 5 of the United States Code. OFFICE OF MANAGEMENT AND BUDGET; DOMESTIC COUNCIL PART I. OFFICE OF MANAGEMENT AND BUDGET SECTION 101. TRANSFER OF FUNCTIONS TO THE PRESIDENT There are hereby transferred to the President of the United States all functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget. SEC. 102. OFFICE OF MANAGEMENT AND BUDGET (Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085. Section designated the Bureau of the Budget as the Office of Management and Budget, provided for the officers and their duties, and provided for performance of the duties of the Director in the event of absence or disability or a vacancy in the office of Director.) SEC. 103. RECORDS, PROPERTY, PERSONNEL, AND FUNDS (Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085. Section provided that the records, property, personnel, and unexpended balances etc., of the Bureau of the Budget shall become those of the Office of Management and Budget.) PART II. DOMESTIC COUNCIL SEC. 201. ESTABLISHMENT OF THE COUNCIL (a) There is hereby established in the Executive Office of the President a Domestic Council, hereinafter referred to as the Council. (b) The Council shall be composed of the following: The President of the United States The Vice President of the United States The Attorney General Secretary of Agriculture Secretary of Commerce Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Secretary of the Interior Secretary of Labor Secretary of Transportation Secretary of the Treasury and such other officers of the Executive Branch as the President may from time to time direct. (c) The President of the United States shall preside over meetings of the Council: Provided, That, in the event of his absence, he may designate a member of the Council to preside. SEC. 202. FUNCTIONS OF THE COUNCIL The Council shall perform such functions as the President may from time to time delegate or assign thereto. SEC. 203. EXECUTIVE DIRECTOR The staff of the Council shall be headed by an Executive Director who shall be an assistant to the President designated by the President. The Executive Director shall perform such functions as the President may from time to time direct. PART III. TAKING EFFECT SEC. 301. EFFECTIVE DATE The provisions of this reorganization plan shall take effect as provided by section 906(a) of title 5 of the United States Code, or on July 1, 1970, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: We in government often are quick to call for reform in other institutions, but slow to reform ourselves. Yet nowhere today is modern management more needed than in government itself. In 1939, President Franklin D. Roosevelt proposed and the Congress accepted a reorganization plan that laid the groundwork for providing managerial assistance for a modern Presidency. The plan placed the Bureau of the Budget within the Executive Office of the President. It made available to the President direct access to important new management instruments. The purpose of the plan was to improve the administration of the Government - to ensure that the Government could perform 'promptly, effectively, without waste or lost motion.' Fulfilling that purpose today is far more difficult - and more important - than it was 30 years ago. Last April, I created a President's Advisory Council on Executive Organization and named to it a distinguished group of outstanding experts headed by Roy L. Ash. I gave the Council a broad charter to examine ways in which the Executive Branch could be better organized. I asked it to recommend specific organizational changes that would make the Executive Branch a more vigorous and more effective instrument for creating and carrying out the programs that are needed today. The Council quickly concluded that the place to begin was in the Executive Office of the President itself. I agree. The past 30 years have seen enormous changes in the size, structure and functions of the Federal Government. The budget has grown from less than $10 billion to $200 billion. The number of civilian employees has risen from one million to more than two and a half million. Four new Cabinet departments have been created, along with more than a score of independent agencies. Domestic policy issues have become increasingly complex. The interrelationships among Government programs have become more intricate. Yet the organization of the President's policy and management arms has not kept pace. Over three decades, the Executive Office of the President has mushroomed but not by conscious design. In many areas it does not provide the kind of staff assistance and support the President needs in order to deal with the problems of government in the 1970s. We confront the 1970s with a staff organization geared in large measure to the tasks of the 1940s and 1950s. One result, over the years, has been a tendency to enlarge the immediate White House staff - that is, the President's personal staff, as distinct from the institutional structure - to assist with management functions for which the President is responsible. This has blurred the distinction between personal staff and management institutions; it has left key management functions to be performed only intermittently and some not at all. It has perpetuated outdated structures. Another result has been, paradoxically, to inhibit the delegation of authority to Departments and agencies. A President whose programs are carefully coordinated, whose information system keeps him adequately informed, and whose organizational assignments are plainly set out, can delegate authority with security and confidence. A President whose office is deficient in these respects will be inclined, instead, to retain close control of operating responsibilities which he cannot and should not handle. Improving the management processes of the President's own office, therefore, is a key element in improving the management of the entire Executive Branch, and in strengthening the authority of its Departments and agencies. By providing the tools that are needed to reduce duplication, to monitor performance and to promote greater efficiency throughout the Executive Branch, this also will enable us to give the country not only more effective but also more economical government - which it deserves. To provide the management tools and policy mechanisms needed for the 1970s, I am today transmitting to the Congress Reorganization Plan No. 2 of 1970, prepared in accordance with Chapter 9 of Title 5 of the United States Code. This plan draws not only on the work of the Ash Council itself, but also on the work of others that preceded - including the pioneering Brownlow Committee of 1936, the two Hoover Commissions, the Rockefeller Committee, and other Presidential task forces. Essentially, the plan recognizes that two closely connected but basically separate functions both center in the President's office: policy determination and executive management. This involves (1) what government should do, and (2) how it goes about doing it. My proposed reorganization creates a new entity to deal with each of these functions: - It establishes a Domestic Council, to coordinate policy formulation in the domestic area. This Cabinet group would be provided with an institutional staff, and to a considerable degree would be a domestic counterpart to the National Security Council. - It establishes an Office of Management and Budget, which would be the President's principal arm for the exercise of his managerial functions. The Domestic Council will be primarily concerned with what we do; the Office of Management and Budget will be primarily concerned with how we do it, and how well we do it. DOMESTIC COUNCIL The past year's experience with the Council for Urban Affairs has shown how immensely valuable a Cabinet-level council can be as a forum for both discussion and action on policy matters that cut across departmental jurisdictions. The Domestic Council will be chaired by the President. Under the plan, its membership will include the Vice President, and the Secretaries of the Treasury, Interior, Agriculture, Commerce, Labor, Health, Education and Welfare, Housing and Urban Development, and Transportation, and the Attorney General. I also intend to designate as members the Director of the Office of Economic Opportunity and, while he remains a member of the Cabinet, the Postmaster General. (Although I continue to hope that the Congress will adopt my proposal to create, in place of the Post Office Department, a self-sufficient postal authority.) The President could add other Executive Branch officials at his discretion. The Council will be supported by a staff under an Executive Director who will also be one of the President's assistants. Like the National Security Council staff, this staff will work in close coordination with the President's personal staff but will have its own institutional identity. By being established on a permanent, institutional basis, it will be designed to develop and employ the 'institutional memory' so essential if continuity is to be maintained, and if experience is to play its proper role in the policy-making process. There does not now exist an organized, institutionally-staffed group charged with advising the President on the total range of domestic policy. The Domestic Council will fill that need. Under the President's direction, it will also be charged with integrating the various aspects of domestic policy into a consistent whole. Among the specific policy functions in which I intend the Domestic Council to take the lead are these: - Assessing national needs, collecting information and developing forecasts, for the purpose of defining national goals and objectives. - Identifying alternative ways of achieving these objectives, and recommending consistent, integrated sets of policy choices. - Providing rapid response to Presidential needs for policy advice on pressing domestic issues. - Coordinating the establishment of national priorities for the allocation of available resources. - Maintaining a continuous review of the conduct of ongoing programs from a policy standpoint, and proposing reforms as needed. Much of the Council's work will be accomplished by temporary, ad hoc project committees. These might take a variety of forms, such as task forces, planning groups or advisory bodies. They can be established with varying degrees of formality, and can be set up to deal either with broad program areas or with specific problems. The committees will draw for staff support on Department and agency experts, supplemented by the Council's own staff and that of the Office of Management and Budget. Establishment of the Domestic Council draws on the experience gained during the past year with the Council for Urban Affairs, the Cabinet Committee on the Environment and the Council for Rural Affairs. The principal key to the operation of these Councils has been the effective functioning of their various subcommittees. The Councils themselves will be consolidated into the Domestic Council; Urban, Rural and Environment subcommittees of the Domestic Council will be strengthened, using access to the Domestic Council staff. Overall, the Domestic Council will provide the President with a streamlined, consolidated domestic policy arm, adequately staffed, and highly flexible in its operation. It also will provide a structure through which departmental initiatives can be more fully considered, and expert advice from the Departments and agencies more fully utilized. OFFICE OF MANAGEMENT AND BUDGET Under the reorganization plan, the technical and formal means by which the Office of Management and Budget is created is by re-designating the Bureau of the Budget as the Office of Management and Budget. The functions currently vested by law in the Bureau, or in its director, are transferred to the President, with the provision that he can then re-delegate them. As soon as the reorganization plan takes effect, I intend to delegate those statutory functions to the Director of the new Office of Management and Budget, including those under section 212 of the Budget and Accounting Act, 1921 (31 U.S.C. 1113). However, creation of the Office of Management and Budget represents far more than a mere change of name for the Bureau of the Budget. It represents a basic change in concept and emphasis, reflecting the broader management needs of the Office of the President. The new Office will still perform the key function of assisting the President in the preparation of the annual Federal budget and overseeing its execution. It will draw upon the skills and experience of the extraordinarily able and dedicated career staff developed by the Bureau of the Budget. But preparation of the budget as such will no longer be its dominant, overriding concern. While the budget function remains a vital tool of management, it will be strengthened by the greater emphasis the new office will place on fiscal analysis. The budget function is only one of several important management tools that the President must now have. He must also have a substantially enhanced institutional staff capability in other areas of executive management - particularly in program evaluation and coordination, improvement of Executive Branch organization, information and management systems, and development of executive talent. Under this plan, strengthened capability in these areas will be provided partly through internal reorganization, and it will also require additional staff resources. The new Office of Management and Budget will place much greater emphasis on the evaluation of program performance: on assessing the extent to which programs are actually achieving their intended results, and delivering the intended services to the intended recipients. This is needed on a continuing basis, not as a one-time effort. Program evaluation will remain a function of the individual agencies as it is today. However, a single agency cannot fairly be expected to judge overall effectiveness in programs that cross agency lines - and the difference between agency and Presidential perspectives requires a capacity in the Executive Office to evaluate program performance whenever appropriate. The new Office will expand efforts to improve interagency cooperation in the field. Washington-based coordinators will help work out interagency problems at the operating level, and assist in developing efficient coordinating mechanisms throughout the country. The success of these efforts depends on the experience, persuasion, and understanding of an Office which will be an expediter and catalyst. The Office will also respond to requests from State and local governments for assistance on intergovernmental programs. It will work closely with the Vice President and the Office of Intergovernmental Relations. Improvement of Government organization, information and management systems will be a major function of the Office of Management and Budget. It will maintain a continuous review of the organizational structures and management processes of the Executive Branch, and recommend needed changes. It will take the lead in developing new information systems to provide the President with the performance and other data that he needs but does not now get. When new programs are launched, it will seek to ensure that they are not simply forced into or grafted onto existing organizational structures that may not be appropriate. Resistance to organizational change is one of the chief obstacles to effective government; the new Office will seek to ensure that organization keeps abreast of program needs. The new Office will also take the lead in devising programs for the development of career executive talent throughout the Government. Not the least of the President's needs as Chief Executive is direct capability in the Executive Office for insuring that talented executives are used to the full extent of their abilities. Effective, coordinated efforts for executive manpower development have been hampered by the lack of a system for forecasting the needs for executive talent and appraising leadership potential. Both are crucial to the success of an enterprise - whether private or public. The Office of Management and Budget will be charged with advising the President on the development of new programs to recruit, train, motivate, deploy, and evaluate the men and women who make up the top ranks of the civil service, in the broadest sense of that term. It will not deal with individuals, but will rely on the talented professionals of the Civil Service Commission and the Departments and agencies themselves to administer these programs. Under the leadership of the Office of Management and Budget there will be joint efforts to see to it that all executive talent is well utilized wherever it may be needed throughout the Executive Branch, and to assure that executive training and motivation meet not only today's needs but those of the years ahead. Finally, the new Office will continue the Legislative Reference functions now performed by the Bureau of the Budget, drawing together agency reactions on all proposed legislation, and helping develop legislation to carry out the President's program. It also will continue the Bureau's work of improving and coordinating Federal statistical services. SIGNIFICANCE OF THE CHANGES The people deserve a more responsive and more effective Government. The times require it. These changes will help provide it. Each reorganization included in the plan which accompanies this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. In particular, the plan is responsive to Section 901(a)(1), 'to promote the better execution of the laws, the more effective management of the Executive Branch and of its agencies and functions, and the expeditious administration of the public business;' and Section 901(a)(3), 'to increase the efficiency of the operations of the Government to the fullest extent practicable.' The reorganizations provided for in this plan make necessary the appointment and compensation of new officers, as specified in Section 102(c) of the plan. The rates of compensation fixed for these officers are comparable to those fixed for other officers in the Executive Branch who have similar responsibilities. While this plan will result in a modest increase in direct expenditures, its strengthening of the Executive Office of the President will bring significant indirect savings, and at the same time will help ensure that people actually receive the return they deserve for every dollar the Government spends. The savings will result from the improved efficiency these changes will provide throughout the Executive Branch - and also from curtailing the waste that results when programs simply fail to achieve their objectives. It is not practical, however, to itemize or aggregate these indirect expenditure reductions which will result from the reorganization. I expect to follow with other reorganization plans, quite possibly including ones that will affect other activities of the Executive Office of the President. Our studies are continuing. But this by itself is a reorganization of major significance, and a key to the more effective functioning of the entire Executive Branch. These changes would provide an improved system of policy making and coordination, a strengthened capacity to perform those functions that are now the central concerns of the Bureau of the Budget, and a more effective set of management tools for the performance of other functions that have been rapidly increasing in importance. The reorganization will not only improve the staff resources available to the President, but will also strengthen the advisory roles of those members of the Cabinet principally concerned with domestic affairs. By providing a means of formulating integrated and systematic recommendations on major domestic policy issues, the plan serves not only the needs of the President but also the interests of the Congress. This reorganization plan is of major importance to the functioning of modern government. The national interest requires it. I urge that the Congress allow it to become effective. Richard Nixon. The White House, March 12, 1970. ABOLITION OF DOMESTIC COUNCIL Domestic Council, established by Reorg. Plan No. 2 of 1970, Sec. 201, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2086, set out above, abolished by Reorg. Plan No. 1 of 1977, Sec. 3, 42 F.R. 56101, 91 Stat. 1633, set out in the Appendix to Title 5, Government Organization and Employees, effective on or before Apr. 1, 1978, at such time as specified by President. Section 5D of Reorg. Plan No. 1 of 1977 transferred all functions vested in Domestic Council to President with power to delegate performance of such transferred functions within Executive Office of President. -EXEC- EX. ORD. NO. 11541. PRESCRIBING DUTIES OF OFFICE OF MANAGEMENT AND BUDGET AND DOMESTIC COUNCIL Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, as amended by Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States, including section 301 of Title 3 of the United States Code, and pursuant to Reorganization Plan No. 2 of 1970 (hereinafter referred to as 'the Plan') (set out as a note under this section), it is ordered as follows: Section 1. (a) All functions transferred to the President of the United States by Part I of the Plan (including the function vested by section 102(f) of designating the officials of the Office of Management and Budget who shall act as Director during the absence or disability of the Deputy Director or in the event of a vacancy in the office of Deputy Director) are hereby delegated to the Director of the Office of Management and Budget in the Executive Office of the President. Such functions shall be carried out by the Director under the direction of the President and pursuant to such further instructions as the President from time to time may issue. (b) All outstanding delegations, rules, regulations, orders, circulars, bulletins, or other forms of Executive or administrative action issued or taken by or relating to the Bureau of the Budget or the Director of the Bureau of the Budget prior to the effective date of this order shall, until amended or revoked, remain in full force and effect as if issued or taken by or relating to the Office of Management and Budget or the Director of the Office of Management and Budget. (c) The delegation to the Director of the Office of Management and Budget, pursuant to subsection (a) of this Section, of the functions vested in the Director of the Bureau of the Budget by Section 103 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 18b) (31 U.S.C. 1104(d)) and subsequently transferred to the President by Part I of Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), shall be implemented in accord with Section 3(a) of the Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), to the extent that provision is applicable. (d) The delegation to the Director of the Office of Management and Budget of the following executive development and personnel functions (which have been transferred to the Office of Personnel Management) is terminated on December 4, 1977: (1) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development and management. (2) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees. (3) Providing primary Executive Branch leadership in (i) developing and reviewing a program of policy guidance to departments and agencies for the organization of management responsibility under the Federal Labor Relations program; and (ii) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council. Sec. 2. (a) Under the direction of the President and subject to such further instructions as the President from time to time may issue, the Domestic Council in the Executive Office of the President shall (1) receive and develop information necessary for assessing national domestic needs and defining national domestic goals, and develop for the President alternative proposals for reaching those goals; (2) collaborate with the Office of Management and Budget and others in the determination of national domestic priorities for the allocation of available resources; (3) collaborate with the Office of Management and Budget and others to assure a continuing review of ongoing programs from the standpoint of their relative contributions to national goals as compared with their use of available resources; and (4) provide policy advice to the President on domestic issues. (b) The organizations listed herein are terminated and the functions heretofore assigned to them shall be performed by the Domestic Council: Council for Urban Affairs (Executive Order No. 11452 of January 23, 1969) Cabinet Committee on the Environment (Executive Order No. 11472 of May 29, 1969, as amended by Executive Order No. 11514 of March 5, 1970) Council for Rural Affairs (Executive Order No. 11493 of November 13, 1969) Sec. 3. This order shall be effective July 1, 1970. SUPERSEDURE OF EX. ORD. NO. 11541 Supersedure of Ex. Ord. No. 11541 to the extent that it is inconsistent with Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, see section 11(6) of Ex. Ord. No. 11609, set out as a note under section 301 of Title 3, The President; with Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069, see section 3 of Ex. Ord. No. 11713, set out as a note under section 301 of Title 3; with Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, see section 5 of Ex. Ord. No. 11717, set out as a note below. EXECUTIVE ORDER NO. 11647 Ex. Ord. No. 11647, Feb. 10, 1972, 37 F.R. 3167, as amended by Ex. Ord. No. 11731, July 23, 1973, 38 F.R. 19903; Ex. Ord. No. 11892, Dec. 31, 1975, 41 F.R. 751; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which established Federal Regional Councils, was revoked by section 1-307 of Ex. Ord. No. 12149, July 20, 1979, 44 F.R. 43248. EX. ORD. NO. 11717. TRANSFER OF CERTAIN FUNCTIONS FROM OFFICE OF MANAGEMENT AND BUDGET TO GENERAL SERVICES ADMINISTRATION AND DEPARTMENT OF COMMERCE Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, provided: By virtue of the authority vested in me as President by the Constitution and Statutes of the United States, particularly by section 301 of title 3 of the United States Code, the Federal Property and Administrative Services Act of 1949, as amended, the Budget and Accounting Act, 1921, as amended, the Budget and Accounting Procedures Act of 1950, as amended, and Reorganization Plan No. 2 of 1970 (set out as a note above), it is hereby ordered as follows: Section 1. There are hereby transferred to the Administrator of General Services all functions that were being performed in the Office of Management and Budget on April 13, 1973 by: (1) The Financial Management Branch, the Procurement and Property Management Branch, and the Management Systems Branch of the Organization and Management Systems Division; and (2) the Management Information and Computer Systems Division with respect to policy control over automatic data processing (except those functions relating to the establishment of Government-wide automatic data-processing standards). Sec. 2. There are hereby transferred to the Secretary of Commerce all functions being performed on the date of this order in the Office of Management and Budget relating to the establishment of Government-wide automatic data processing standards, including the function of approving standards on behalf of the President pursuant to section 111(f)(2) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 759(f)(2)). Sec. 3. (a) The functions transferred to the Administrator of the General Services Administration and to the Secretary of Commerce by this order do not include those performed in connection with the general oversight responsibilities of the Director of the Office of Management and Budget, as the head of that agency and as Assistant to the President for executive management, and the functions transferred by this order shall be performed subject to such general oversight to the same extent that other functions of the General Services Administration and the Department of Commerce, respectively, are so performed. (b) The functions vested in the President by the first sentence of section 111(g) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 759(g)), with respect to fiscal control of automatic data processing activities shall continue to be performed by the Director of the Office of Management and Budget. No function vested by statute in the Director shall be deemed to be affected by the provisions of this order. Sec. 4. So much of the personnel, property, records and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available, in connection with the functions transferred by this order as the Director of the Office of Management and Budget shall determine, shall be transferred to the Department of Commerce and the General Services Administration, respectively, at such times as the Director shall specify. Sec. 5. Executive Order No. 11541 of July 1, 1970, is hereby superseded to the extent that it is inconsistent with this order. Sec. 6. This order shall be effective as of April 15, 1973. Richard Nixon. SUPERSEDURE OF EX. ORD. NO. 11717 Ex. Ord. No. 11717 superseded to the extent that it is inconsistent with Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040, see section 4 of Ex. Ord. No. 11893, set out as a note under section 4252 of Title 42, The Public Health and Welfare. EXECUTIVE ORDER NO. 12013 Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931, which related to transfer of certain statistical functions and the establishment of the Statistical Policy Coordination Committee, was revoked by section 4(a) of Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, set out as a note below. EX. ORD. NO. 12027. TRANSFER OF CERTAIN EXECUTIVE DEVELOPMENT AND OTHER PERSONNEL FUNCTIONS Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to transfer certain functions from the Director of the Office of Management and Budget to the Office of Personnel Management, it is hereby ordered as follows: Section 1. The following functions which heretofore have been performed by the Director of the Office of Management and Budget, either alone or in conjunction with the Office of Personnel Management, are hereby reassigned and delegated to the Office of Personnel Management: (a) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development, and management including: (1) Devising and establishing programs and encouraging agencies to devise and establish programs to forecast the need for career executive talent and to select, train, develop, motivate, deploy and evaluate the men and women who make up the top ranks of Federal civil service; (2) Initiating and leading efforts to ensure that potential executive talent is identified, developed and well utilized throughout the Executive Branch and; (3) Ensuring that executive training and motivation meet current and future needs. (b) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees. (c) Providing primary Executive Branch leadership in (1) developing and reviewing a program of policy guidance to departments and agencies for the organization of management's responsibility under the Federal Labor Relations program; and (2) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council. Sec. 2. Section 1 of Executive Order No. 11541, as amended (set out as a note above), is further amended by adding thereto the following new subsection: '(d) The delegation to the Director of the Office of Management and Budget of the following executive development and personnel functions (which have been transferred to the Office of Personnel Management) is terminated on December 4, 1977: '(1) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development and management. '(2) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees. '(3) Providing primary Executive Branch leadership in (i) developing and reviewing a program of policy guidance to departments and agencies for the organization of management responsibility under the Federal Labor Relations program; and (ii) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council.'. Sec. 3. Executive Order No. 11491, as amended (5 U.S.C. 7101 note), is further amended by amending Section 25(a) to read as follows: 'The Office of Personnel Management, in conjunction with the Director of the Office of Management and Budget, shall establish and maintain a program for the policy guidance of agencies on labor-management relations in the Federal service and shall periodically review the implementation of these policies. The Office of Personnel Management shall be responsible for the day-to-day policy guidance under that program. The Office of Personnel Management also shall continuously review the operation of the Federal labor-management relations program to assist in assuring adherence to its provisions and merit system requirements; implement technical advice and information programs for the agencies; assist in the development of programs for training agency personnel and management officials in labor-management relations; and, from time to time, report to the Council on the state of the program with any recommendations for its improvement.'. Sec. 4. Section 5(a) of Executive Order No. 11636 of December 17, 1971 (formerly set out as a note under 22 U.S.C. 801), establishing an Employee-Management Relations Commission as a committee of the Board of the Foreign Service, is amended by deleting: 'The representative of the Office of Management and Budget shall be the Chairman of the Commission' and substituting therefor 'The representative of the Office of Personnel Management shall be the Chairman of the Commission'. Sec. 5. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned by this Order from the Office of Management and Budget to the Office of Personnel Management, are hereby transferred to the Office of Personnel Management. Sec. 6. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. Sec. 7. This Order shall be effective December 4, 1977. Jimmy Carter. EXECUTIVE ORDER NO. 12074 Ex. Ord. No. 12074, Aug. 16, 1978, 43 F.R. 36875, which related to urban and community impact analyses, was revoked by Ex. Ord. No. 12350, Mar. 9, 1982, 47 F.R. 10503. EXECUTIVE ORDER NO. 12149 Ex. Ord. No. 12149, July 20, 1979, 44 F.R. 43247, which established Federal Regional Councils, was revoked by section 4(b) of Ex. Ord. No. 12314, July 22, 1981, 46 F.R. 38330. EXECUTIVE ORDER NO. 12301 Executive Order No. 12301, Mar. 26, 1981, 46 F.R. 19211, which established the President's Council on Integrity and Efficiency in Federal programs, was revoked by Ex. Ord. No. 12625, Jan. 27, 1988, 53 F.R. 2812, set out as a note below. EXECUTIVE ORDER NO. 12314 Ex. Ord. No. 12314, July 22, 1981, 46 F.R. 38329, which established Federal Regional Councils, was revoked by Ex. Ord. No. 12407, Feb. 22, 1983, 48 F.R. 7717. EX. ORD. NO. 12318. TRANSFER OF CERTAIN STATISTICAL POLICY FUNCTIONS Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided: By virtue of the authority vested in me as President by the Constitution and statutes of the United States, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), Section 3(a) of the Paperwork Reduction Act of 1980 (Public Law 96-511, 94 Stat. 2825, 44 U.S.C. 3503 note), and Section 301 of Title 3 of the United States Code, and in order to transfer, redelegate, and reassign certain statistical policy functions from the Secretary of Commerce to the Director of the Office of Management and Budget, and to require redelegation of certain functions to the Administrator for the Office of Information and Regulatory Affairs, it is hereby ordered as follows: Section 1. Sec. 1(c) of Executive Order No. 11541 of July 1, 1970, as amended (set out as a note above), is amended by deleting the last phrase 'is terminated on October 9, 1977' and substituting therefor 'shall be implemented in accord with Section 3(a) of the Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), to the extent that provision is applicable'. Sec. 2. Executive Order No. 10253 of July 11, 1951, as amended (31 U.S.C. 1104 note), is further amended as follows: (a) 'Secretary of Commerce' is deleted in Section 1 and 'Director of the Office of Management and Budget' is substituted therefor. (b) 'Secretary' is deleted wherever it appears in Sections 1, 2, 4, 5, and 6 and 'Director' is substituted therefor. (c) 'Department of Commerce' is deleted in Section 6 and 'Office of Management and Budget' is substituted therefor. (d) Section 7 is deleted and a new Section 7 is substituted therefor as follows: 'Sec. 7. As required by Section 3(a) of the Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), the Director shall redelegate to the Administrator for the Office of Information and Regulatory Affairs, Office of Management and Budget, all functions, authority, and responsibility under Section 103 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 18b) (31 U.S.C. 1104(d)) which have been vested in the Director by this Order.' (e) Section 8 is revoked. Sec. 3. Executive Order No. 10033, as amended (22 U.S.C. 286f note), is further amended as follows: (a) 'Secretary of Commerce, hereinafter referred to as the Secretary,', is deleted in Section 1 and 'Director of the Office of Management and Budget, hereinafter referred to as the Director,', is substituted therefor. (b) 'Secretary' is deleted wherever it appears in Sections 2(a), 2(b), 2(c), 3, 4, and 5 and 'Director' is substituted therefor. (c) Section 7 is revoked. Sec. 4. (a) Executive Order No. 12013 is revoked. (b) Section 4 of Executive Order No. 11961, as amended (22 U.S.C. 3101 note), is further amended by deleting 'the Secretary of Commerce shall perform the functions set forth in Sections 4(a)(3) and 5(c) of the Act' (22 U.S.C. 3103(a)(3), 3104(c)), and substituting therefor 'the Secretary of Commerce shall perform the function of making periodic reports to the Committees of the Congress as set forth in Section 4(a)(3) of the Act' (22 U.S.C. 3103(a)(3)). Sec. 5. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned from the Secretary of Commerce to the Director of the Office of Management and Budget by the delegations made in this Order, are hereby transferred to the Director of the Office of Management and Budget. Sec. 6. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all steps necessary or appropriate to ensure or effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. Sec. 7. Any rules, regulations, orders, directives, circulars, or other actions taken pursuant to the functions transferred or reassigned from the Secretary of Commerce to the Director of the Office of Management and Budget by the delegations made in this Order, shall remain in effect until amended, modified, or revoked pursuant to the delegations made in this Order. Sec. 8. This Order shall be effective August 23, 1981. Ronald Reagan. EX. ORD. NO. 12479. MANAGEMENT REFORM IN THE FEDERAL GOVERNMENT Ex. Ord. No. 12479, May 24, 1984, 49 F.R. 22243, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to coordinate and implement policies with respect to management reform in the Federal government, it is hereby ordered as follows: Section 1. Establishment of the President's Council on Management Improvement. (a) There is established as an interagency committee the President's Council on Management Improvement. (b) The Council shall be composed of the following members: (1) The Deputy Director of the Office of Management and Budget, who shall be Chairman of the Council; (2) The Assistant Secretary for Administration, Department of Agriculture; (3) The Assistant Secretary for Administration, Department of Commerce; (4) The Assistant Secretary (Comptroller), Department of Defense; (5) The Deputy Under Secretary for Management, Department of Education; (6) The Assistant Secretary for Management and Administration, Department of Energy; (7) The Assistant Secretary for Management and Budget, Department of Health and Human Services; (8) The Assistant Secretary for Administration, Department of Housing and Urban Development; (9) The Assistant Secretary for Policy, Budget and Administration, Department of the Interior; (10) The Assistant Attorney General for Administration, Department of Justice; (11) The Assistant Secretary for Administration and Management, Department of Labor; (12) The Assistant Secretary for Administration, Department of State; (13) The Assistant Secretary for Administration, Department of Transportation; (14) The Assistant Secretary for Administration, Department of the Treasury; (15) The Assistant to the Administrator for Management, Agency for International Development; (16) The Assistant Administrator for Administration and Resources Management, Environmental Protection Agency; (17) The Deputy Administrator, General Services Administration; (18) The Associate Administrator for Management, National Aeronautics and Space Administration; (19) The Associate Director for Management, Office of Management and Budget; (20) The Associate Director for Administration, Office of Personnel Management; (21) The Associate Deputy Administrator for Resource Management, Small Business Administration; (22) The Associate Deputy Administrator for Information and Resources Management, Veterans' Administration; (23) The Assistant to the President for Policy Development, or a Federal employee designated by that official, to advise on management and administration; and (24) The Assistant to the President for Presidential Personnel, or a Federal employee designated by that official, to advise on human resource development. Sec. 2. Functions of the Council. The Council shall: (a) develop and oversee the implementation of improved management and administrative systems for government-wide application; (b) formulate long-range plans to promote improvements in the management and administrative systems of the Federal government; (c) identify specific department and agency management reforms applicable to other agencies and assist in their implementation; (d) work to resolve interagency management problems; and (e) work with the Office of Management and Budget, the General Services Administration and the Office of Personnel Management to ensure timely implementation and coordination of their policies. In conducting these functions, the Council shall not interfere with existing lines of authority and responsibility in the departments and agencies. Sec. 3. Responsibilities of the Chairman. The Chairman shall: (a) establish, in consultation with the members of the Council, procedures for the Council and establish the agenda for Council activities; (b) on behalf of the Council, report to the President, the goals and the results of the Council on management projects shall be reported to the President through the Cabinet Council on Management and Administration; the Chairman shall advise the Council with respect to the reaction of the President and the Cabinet Council to its activities; (c) provide agency heads with summary reports of the activities of the Council; (d) establish such committees of the Council, including an executive committee, as may be deemed necessary or appropriate for the efficient conduct of Council functions; committees of the Council may act for the Council in those areas that affect the membership of the committee; (e) appoint Vice-Chairmen to one-year terms to assist the Chairman in representing the Council and perform duties as determined by the Chairman; (f) appoint other Federal officials as at-large members to one-year terms to provide special expertise to the Council and perform duties as determined by the Chairman; and (g) be supported by the Associate Director for Management of the Office of Management and Budget, who shall advise and assist the Chairman in the execution of the entire range of responsibilities set forth above and act for the Chairman in his absence. Sec. 4. Administrative Provisions. (a) The Director of the Office of Management and Budget shall provide the Council with such administrative support as may be necessary for the performance of its functions. (b) The head of each agency represented on the Council shall provide its representative with such administrative support as may be necessary, in accordance with law, to enable the agency representative to carry out his or her responsibilities. Ronald Reagan. EXECUTIVE ORDER NO. 12552 Ex. Ord. No. 12552, Feb. 25, 1986, 51 F.R. 7041, which provided for establishment of a comprehensive program for improvement of productivity throughout all Executive departments and agencies, was superseded by Ex. Ord. No. 12637, Apr. 27, 1988, 53 F.R. 15349, set out below. EX. ORD. NO. 12615. PERFORMANCE OF COMMERCIAL ACTIVITIES Ex. Ord. No. 12615, Nov. 19, 1987, 52 F.R. 44853, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to facilitate ongoing efforts to ensure that the Federal Government acquires needed goods and services in the most economical and efficient manner, it is hereby ordered as follows: Section 1. The head of each Executive department and agency shall, to the extent permitted by law: (a) Ensure that new Federal Government requirements for commercial activities are provided by private industry, except where statute or national security requires government performance or where private industry costs are unreasonable; (b) Identify by April 29, 1988, in cooperation with the Director of the Office of Management and Budget all commercial activities currently performed by government. The department and agency heads are encouraged to consult with the President's Commission on Privatization in making such identification; (c) Schedule, by June 30, 1988, all commercial activities identified pursuant to subsection (b) for study in accordance with the procedures of OMB Circular No. A-76, as revised, and the Supplement thereto, to determine whether they could be performed more economically by private industry; (d) Meet the study goals for Fiscal Year 1988 set forth in 'Management of the United States Government, Fiscal Year 1988'; and thereafter, beginning with Fiscal Year 1989, conduct annual studies of not less than 3 percent of the department or agency's total civilian population, until all identified potential commercial activities have been studied; (e) Include in each annual budget proposal to the Office of Management and Budget estimates of expected yearly budget savings from the privatization of commercial activities projected to be accomplished following the completion of scheduled studies, unless an exception is authorized by the Director of the Office of Management and Budget. These estimates shall be based on analysis of savings under previous studies and estimated savings to be achieved from future conversions to contract. A department or agency proposal may reflect retention of expected first-year savings as negotiated with the Office of Management and Budget for use as incentive compensation to reward employees covered by the studies for their productivity efforts, or for use in other productivity enhancement projects; (f) Develop and maintain an effective job placement program for government employees affected by privatization initiatives and cooperate fully in interagency placement efforts; (g) Designate a senior-level official to coordinate the OMB Circular No. A-76 studies and other privatization efforts; and (h) Report to the President on progress each quarter, through the Director of the Office of Management and Budget. Sec. 2. The Director of the Office of Management and Budget shall, to the extent permitted by law: (a) Issue guidance to departments and agencies to implement this Order. Such guidance shall be designed to ensure an equitable cost comparison of government-operated commercial activities with private industry performance of the same activities, and to improve the efficiency in the conduct of studies; (b) Publish for public review (i) not later than 30 days after its completion, the inventory of commercial activities identified pursuant to section 1(b) and the activities scheduled for study by departments and agencies in Fiscal Year 1988 pursuant to section 1(c); and (ii) not later than 30 days before the start of each successive fiscal year, the list of activities to be reviewed during that year pursuant to section 1(d); and (c) Establish a tracking system to monitor, on a quarterly basis, progress by departments and agencies in carrying out this Order. Sec. 3. The Director of the Office of Personnel Management, in consultation with the heads of other Executive departments and agencies, shall review and revise, as necessary and to the extent permitted by law, personnel policies and regulations in order (a) to ensure that government managers have the flexibility to organize in the most effective and efficient manner to achieve levels of productivity comparable with those of private industry, and (b) to reduce any adverse effects of productivity improvements on employees. Sec. 4. For purposes of this Order, the terms 'commercial activity,' 'conversion to contract,' and 'cost comparison' shall have the meanings set forth in OMB Circular No. A-76, as revised. Sec.. 5. Nothing in this Order shall be construed to confer a private right of action on any person, or to add in any way to applicable procurement procedures required by existing law. Ronald Reagan. EX. ORD. NO. 12625. INTEGRITY AND EFFICIENCY IN FEDERAL PROGRAMS Ex. Ord. No. 12625, Jan. 27, 1988, 53 F.R. 2812, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to coordinate and enhance governmental efforts to promote integrity and efficiency and to detect and prevent fraud and abuse in Federal programs, it is hereby ordered as follows: Section 1. Establishment of the President's Council on Integrity and Efficiency. (a) There is established as an interagency committee the President's Council on Integrity and Efficiency. (b) The Council shall be composed of the following members: (1) The Deputy Director of the Office of Management and Budget, who shall be Chairperson of the Council; (2) The Associate Attorney General; (3) The Deputy Director of the Office of Personnel Management; (4) The Executive Assistant Director-Investigations of the Federal Bureau of Investigation; (5) The Director of the Office of Government Ethics; (6) The Special Counsel of the Merit Systems Protection Board; (7) A designee of the Secretary of the Treasury; and (8) All civilian Inspectors General, now or hereafter created by statute. (c) The Chairperson may, from time to time, invite other officials to participate in meetings of the Council. Sec. 2. Functions of the Council. (a) The Council shall continually identify, review, and discuss areas of government-wide weakness and vulnerability to fraud, waste, and abuse and develop plans for coordinated government-wide activities that attack fraud and waste and promote economy and efficiency in government programs and operations. These will include interagency audit and investigation programs and projects to deal efficiently and effectively with those problems concerning fraud and waste that exceed the capability or jurisdiction of an individual agency. The Council will recognize the preeminent role of the Department of Justice in matters involving law enforcement and litigation. (b) The Council shall develop policies that will aid in establishment of a corps of well-trained and highly skilled Office of Inspector General staff members. (c) The Council members should, to the extent of their ability and authority, pay careful attention to professional standards developed by the Council and participate in Council plans, programs, and projects. (d) The creation and operation of the Council shall neither interfere with existing authority and responsibilities in the departments and agencies, nor augment or diminish the statutory authority or responsibilities of its members. Sec. 3. Responsibilities of the Chairperson. (a) The Chairperson may appoint a Vice Chairperson from the Council members to assist in carrying out the functions of the Council. (b) The Chairperson shall, in consultation with the members of the Council, establish the agenda for Council activities. (c) The Chairperson shall, on behalf of the Council, report to the President on the activities of the Council. The Chairperson shall advise the Council with respect to the reaction of the President on the Council's activities. (d) The Chairperson shall provide agency heads with summary reports of the activities of the Council. (e) The Chairperson shall establish, in consultation with members of the Council, such committees of the Council as deemed necessary or appropriate for the efficient conduct of Council functions. Committees of the Council may act for the Council in their areas of designated responsibility. (f) The Chairperson shall be supported by the Associate Director for Management and Chief Financial Officer of the Office of Management and Budget who shall advise and assist the Chairperson in the execution of the entire range of responsibilities set forth above. Sec. 4. Coordinating Conference. (a) There is established as an interagency committee the Coordinating Conference of the President's Council on Integrity and Efficiency. (b) The Conference shall be composed of the Chairperson of the Council and one representative of each Executive agency, not represented on the Council, determined by the Office of Management and Budget to possess audit and investigative resources. The head of each such agency shall designate as the agency's representative the official who is responsible for coordinating the agency's efforts to eliminate fraud and waste in the agency's programs and operations. (c) The Chairperson shall convene meetings of the Conference at least quarterly. The Chairperson shall provide for the dissemination to the Conference of appropriate information on the activities of the Council, in order to enable the Conference members, to the extent of their own ability and authority to do so, to implement the coordinated plans, standards, policies, programs, and projects developed by the Council. Sec. 5. Administrative Provisions. (a) The Director of the Office of Management and Budget shall provide the Council and the Conference with such administrative support as may be necessary for the performance of the functions of the Council and the Conference. (b) The head of each agency represented on the Council or the Conference shall provide its representative with such administrative support as may be necessary, in accordance with law, to enable the agency representative to carry out his responsibilities. Sec. 6. Revocation. Executive Order 12301 of March 26, 1981, entitled 'Integrity and Efficiency in Federal Programs,' is revoked. Ronald Reagan. EX. ORD. NO. 12637. PRODUCTIVITY IMPROVEMENT PROGRAM FOR THE FEDERAL GOVERNMENT Ex. Ord. No. 12637, Apr. 27, 1988, 53 F.R. 15349, provided: By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including the Budget and Accounting Act of 1921, as amended (now 31 U.S.C. 1101 et seq.), and in order to further improve a comprehensive program for the improvement of productivity throughout all Executive departments and agencies, it is hereby ordered as follows: Section 1. There is hereby established a government-wide program to improve the quality, timeliness, and efficiency of services provided by the Federal Government. The goal of the program shall be to improve the quality and timeliness of service to the public and to achieve an annual average productivity increase of 3 percent in appropriate functions. Each Executive department and agency will gradually include appropriate functions in the Productivity Improvement Program, so that by 1991 all appropriate functions are covered. Sec. 2. As used in this Order, the term: (a) 'Productivity' means the efficiency with which resources are used to produce a government service or product at specified levels of quality and timeliness; (b) 'Appropriate functions' means those agency program functions that produce measurable outputs in the form of services to the public; (c) 'Public' means a customer outside the organization, such as citizens, businesses, State and local governments, other countries and/or their citizens, other agencies, the military; (d) 'Outputs' means products or services delivered to the public; (e) 'Measurement system' means both the specific measures used to determine whether standards of quality, timeliness, and efficiency of services are being met, and the procedures for the collection and reporting of data resulting from application of productivity measures; (f) 'Organizational performance standard' means a statement that quantifies and describes the desired level of quality, timeliness, and efficiency of services to be provided by an organization; (g) 'Management review' means the review by the Director of the Office of Management and Budget, as part of the budget process of agency accomplishments and plans for management and productivity improvements. Sec. 3. The head of each Executive department and agency shall: (a) Develop a complete inventory of all appropriate functions to be included in the productivity program, use the agency's planning process to review current functions, and develop agency goals and objectives for improvement in services to the public. (b) Develop and submit annually to the Office of Management and Budget a productivity plan. Each plan shall conform to the policy guidance issued by the Director of the Office of Management and Budget, pursuant to Section 5 of this Order, and shall: (1) set forth the agency's productivity goals and objectives; (2) target priorities for the year and expand coverage each subsequent year to additional appropriate functions, with the objective of complete coverage of all appropriate functions by 1991; (3) describe the proposed actions designed to make the agency's operations and delivery of services more efficient and responsive; (4) describe the methods, including efficiency reviews and cost comparisons with the private sector, that the agency will use either to improve its own service, or to make use of commercial services available in the private sector when it is economical to do so; and (5) describe the measurement systems to be used by the agency to gauge quality, timeliness, and efficiency. (c) Implement the productivity program after the Management review by the Director of the Office of Management and Budget as provided in Section 6. (d) Assess annually the agency's progress toward achieving objectives and priorities, including documented gains and cost savings. This assessment will form the basis of the agency's report to the President as required by Section 4. (e) Designate a senior official responsible for guiding the agency's productivity improvement program. (f) Inform agency managers and employees that they are expected to be responsible for improvements in the quality, timeliness, and efficiency of services. (g) Include productivity and quality improvement goals in the performance appraisals of managers and supervisors. (h) Encourage employee participation in the productivity program through employee training, employee involvement in work-related decisions, incentives, recognition, and rewards and by taking actions to minimize negative impacts on employees that may occur as a result of the productivity program. Sec. 4. The head of each Executive department and agency shall report annually to the President through the Domestic Policy Council on accomplishments achieved under the plan. The annual report will form the basis of the Management Report to the Congress. Sec. 5. The Director of the Office of Management and Budget is authorized to: (a) Develop and promulgate goals, policies, principles, standards, and guidelines for the effective administration of this Order by Executive departments and agencies; and (b) Identify and propose the elimination of statutory and regulatory barriers that inhibit opportunities to make improvements in productivity. Sec. 6. The Director shall review, through the management review process, each agency's productivity plan based upon the requirements and guidance issued pursuant to Section 5 of this Order. Nothing in this Section shall be construed as displacing agency responsibilities delegated by law. Sec. 7. The Director of the Office of Management and Budget shall submit to the Congress, in conjunction with the President's budget, a report on productivity plans and accomplishments of the agencies and the government as a whole. Sec. 8. The Director of the Office of Personnel Management shall: (a) Review Federal personnel policies and programs and make or recommend such changes as are appropriate to support productivity improvement; (b) Review incentive policies and programs for Federal employees and make or recommend such changes as are appropriate to increase the productivity of the Federal Government; (c) Develop and implement training programs for Federal employees in support of productivity improvements; (d) Review policies and programs for Federal employees who may be displaced by productivity improvements and make or recommend such changes as are appropriate to ensure that such policies and programs will minimize any adverse impact on Federal employees. Sec. 9. Executive Order No. 12552 of February 25, 1986, is hereby superseded. Ronald Reagan. ------DocID 39179 Document 79 of 536------ -CITE- 31 USC Sec. 502 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 502. Officers -STATUTE- (a) The head of the Office of Management and Budget is the Director of the Office of Management and Budget. The Director is appointed by the President, by and with the advice and consent of the Senate. Under the direction of the President, the Director shall administer the Office. (b) The Office has a Deputy Director of the Office of Management and Budget, appointed by the President, by and with the advice and consent of the Senate. The Deputy Director - (1) shall carry out the duties and powers prescribed by the Director; and (2) acts as the Director when the Director is absent or unable to serve or when the office of Director is vacant. (c) The Office has a Deputy Director for Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director for Management shall be the chief official responsible for financial management in the United States Government. (d) The Office has 3 Assistant Directors who shall carry out the duties and powers prescribed by the Director. (e) The Office may have not more than 6 additional officers, each of whom is appointed in the competitive service by the Director, with the approval of the President. Each additional officer shall carry out the duties and powers prescribed by the Director. The Director shall specify the title of each additional officer. (f) When the Director and Deputy Director are absent or unable to serve or when the offices of Director and Deputy Director are vacant, the President may designate an officer of the Office to act as Director. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886; Pub. L. 101-576, title II, Sec. 201, Nov. 15, 1990, 104 Stat. 2839.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 502(a) 31:16(2d sentence June 10, 1921, ch. related to 18, Sec. 207(2d, 3d Director). sentences), 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; July 31, 1953, ch. 302, Sec. 101(1st proviso in par. under heading 'Bureau of the Budget'), 67 Stat. 299; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), (b), (d), (e), (f)(less words between parentheses), 84 Stat. 2085; Mar. 2, 1974, Pub. L. 93- 250, Sec. 1, 88 Stat. 11. 502(b) 31:16(2d sentence related to Deputy Director, 3d sentence). 502(c) 31:16a. Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; July 31, 1953, ch. 302, Sec. 101(last proviso in par. under heading 'Bureau of the Budget'), 67 Stat. 299; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat. 657; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(b), (e), 84 Stat. 2085. 31:16c. Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Aug. 1, 1956, ch. 838, 70 Stat. 887; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(b), (e), 84 Stat. 2085. 502(d), (e) 31:16(note). Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(c)(words before last comma), (e), (f)(words between parentheses), 84 Stat. 2085. ------------------------------- In subsections (a) and (b), the words related to salaries in section 207 of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 22), are omitted as covered by 5:5313(11) and 5314(34). In subsection (a), the text of section 102(d)(1st sentence) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) is omitted as covered by 3:301 and for consistency in the revised title and with other titles of the United States Code. The word 'administer' is substituted for 'supervise and direct the administration of' in section 102(d) of the Reorganization Plan to eliminate unnecessary words. In subsections (b) and (c), the words 'designated by this reorganization plan' in section 102(e) of Reorganization Plan No. 2 of 1970 are omitted as executed. The words 'carry out the duties and powers prescribed by' are substituted for 'perform such functions as' for consistency in the revised title and with other titles of the Code. The words 'may from time to time direct' are omitted as unnecessary. In subsection (c), the words 'the duties and powers prescribed by' in section 102(e)(related to Assistant Directors) of Reorganization Plan No. 2 of 1970 are substituted for 'such functions as' for consistency. The words 'may from time to time direct' are omitted as unnecessary. The words related to compensation in 31:16c are omitted as covered by 5:5315(37). In subsection (d), the words 'as determined from time to time by the Director of the Office of Management and Budget (hereinafter referred to as the Director)' in section 102(c)(1st sentence) of Reorganization Plan No. 2 of 1970 are omitted as unnecessary. The words 'in the competitive' are substituted for 'under the classified civil' in section 102(c)(2d sentence) of the Reorganization Plan to conform to 5:2102. The words 'The Director shall specify the title of each additional officer' are substituted for 'shall have such title as the Director shall from time to time determine' to eliminate unnecessary words. The words 'provided for in subsection (c) of this section' in section 102(e)(related to officers) of the Reorganization Plan are omitted because of the restatement. The words 'carry out the duties and powers prescribed by' are substituted for 'perform such functions as' for consistency in the revised title and with other titles of the Code. The words 'may from time to time direct' are omitted as unnecessary. In subsection (e), the words 'When the Director and Deputy Director are absent or unable to serve or when the offices of Director and Deputy Director are vacant' are substituted for 'or during the absence or disability of the Deputy Director or in the event of a vacancy in the office of Deputy Director' and 'during the absence or disability of the Director or in the event of a vacancy in the office of Director' in section 102(f)(words between parentheses) of Reorganization Plan No. 2 of 1970 for clarity and consistency with other titles of the Code. The words 'an officer' are substituted for 'such other officials' for clarity and consistency in the chapter. The words 'in such order as' are omitted as unnecessary. The words 'from time to time' are eliminated as unnecessary. AMENDMENTS 1990 - Subsecs. (c) to (f). Pub. L. 101-576 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. -CROSS- CROSS REFERENCES Compensation of Director and Deputy Director of Office of Management and Budget, see sections 5312 and 5313 of Title 5, Government Organization and Employees. Compensation of Assistant Directors of Office of Management and Budget, see section 5315 of Title 5. ------DocID 39180 Document 80 of 536------ -CITE- 31 USC Sec. 503 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 503. Functions of Deputy Director for Management -STATUTE- (a) Subject to the direction and approval of the Director, the Deputy Director for Management shall establish governmentwide financial management policies for executive agencies and shall perform the following financial management functions: (1) Perform all functions of the Director, including all functions delegated by the President to the Director, relating to financial management. (2) Provide overall direction and leadership to the executive branch on financial management matters by establishing financial management policies and requirements, and by monitoring the establishment and operation of Federal Government financial management systems. (3) Review agency budget requests for financial management systems and operations, and advise the Director on the resources required to develop and effectively operate and maintain Federal Government financial management systems and to correct major deficiencies in such systems. (4) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they are in accordance with financial management plans of the Office of Management and Budget. (5) Monitor the financial execution of the budget in relation to actual expenditures, including timely performance reports. (6) Oversee, periodically review, and make recommendations to heads of agencies on the administrative structure of agencies with respect to their financial management activities. (7) Develop and maintain qualification standards for agency Chief Financial Officers and for agency Deputy Chief Financial Officers appointed under sections 901 and 903, respectively. (8) Provide advice to agency heads with respect to the selection of agency Chief Financial Officers and Deputy Chief Financial Officers. (9) Provide advice to agencies regarding the qualifications, recruitment, performance, and retention of other financial management personnel. (10) Assess the overall adequacy of the professional qualifications and capabilities of financial management staffs throughout the Government and make recommendations on ways to correct problems which impair the capacity of those staffs. (11) Settle differences that arise among agencies regarding the implementation of financial management policies. (12) Chair the Chief Financial Officers Council established by section 302 of the Chief Financial Officers Act of 1990. (13) Communicate with the financial officers of State and local governments, and foster the exchange with those officers of information concerning financial management standards, techniques, and processes. (14) Issue such other policies and directives as may be necessary to carry out this section, and perform any other function prescribed by the Director. (b) Subject to the direction and approval of the Director, the Deputy Director for Management shall establish general management policies for executive agencies and perform the following general management functions: (1) Coordinate and supervise the general management functions of the Office of Management and Budget. (2) Perform all functions of the Director, including all functions delegated by the President to the Director, relating to - (A) managerial systems, including the systematic measurement of performance; (B) procurement policy; (C) grant, cooperative agreement, and assistance management; (D) information and statistical policy; (E) property management; (F) human resources management; (G) regulatory affairs; and (H) other management functions, including organizational studies, long-range planning, program evaluation, productivity improvement, and experimentation and demonstration programs. (3) Provide complete, reliable, and timely information to the President, the Congress, and the public regarding the management activities of the executive branch. (4) Facilitate actions by the Congress and the executive branch to improve the management of Federal Government operations and to remove impediments to effective administration. (5) Provide leadership in management innovation, through - (A) experimentation, testing, and demonstration programs; and (B) the adoption of modern management concepts and technologies. (6) Work with State and local governments to improve and strengthen intergovernmental relations, and provide assistance to such governments with respect to intergovernmental programs and cooperative arrangements. (7) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they respond to program evaluations by, and are in accordance with general management plans of, the Office of Management and Budget. (8) Provide advice to agencies on the qualification, recruitment, performance, and retention of managerial personnel. (9) perform (FOOTNOTE 1) any other functions prescribed by the Director. (FOOTNOTE 1) So in original. Probably should be capitalized. -SOURCE- (Added Pub. L. 101-576, title II, Sec. 202(b), Nov. 15, 1990, 104 Stat. 2839.) -REFTEXT- REFERENCES IN TEXT Section 302 of the Chief Financial Officers Act of 1990 (Pub. L. 101-576), referred to in subsec. (a)(12), is set out as a note under section 901 of this title. -MISC2- PRIOR PROVISIONS A prior section 503 was renumbered section 505 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 504 of this title. ------DocID 39181 Document 81 of 536------ -CITE- 31 USC Sec. 504 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 504. Office of Federal Financial Management -STATUTE- (a) There is established in the Office of Management and Budget an office to be known as the 'Office of Federal Financial Management'. The Office of Federal Financial Management, under the direction and control of the Deputy Director for Management of the Office of Management and Budget, shall carry out the financial management functions listed in section 503(a) of this title. (b) There shall be at the head of the Office of Federal Financial Management a Controller, who shall be appointed by the President, by and with the advice and consent of the Senate. The Controller shall be appointed from among individuals who possess - (1) demonstrated ability and practical experience in accounting, financial management, and financial systems; and (2) extensive practical experience in financial management in large governmental or business entities. (c) The Controller of the Office of Federal Financial Management shall be the deputy and principal advisor to the Deputy Director for Management in the performance by the Deputy Director for Management of functions described in section 503(a). -SOURCE- (Added Pub. L. 101-576, title II, Sec. 203(a), Nov. 15, 1990, 104 Stat. 2841.) -MISC1- PRIOR PROVISIONS A prior section 504 was renumbered section 506 of this title. ------DocID 39182 Document 82 of 536------ -CITE- 31 USC Sec. 505 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 505. Office of Information and Regulatory Affairs -STATUTE- The Office of Information and Regulatory Affairs, established under section 3503 of title 44, is an office in the Office of Management and Budget. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886, Sec. 503; renumbered Sec. 505, Pub. L. 101-576, title II, Sec. 202(a), Nov. 15, 1990, 104 Stat. 2839.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 503 (no source). ------------------------------- The section is included to provide in subchapter I of chapter 5 of the revised title a complete list of the organizational units established by law that are in the Office of Management and Budget or are subject to the direction and supervision of the Director of the Office of Management and Budget. AMENDMENTS 1990 - Pub. L. 101-576 renumbered section 503 of this title as this section. ------DocID 39183 Document 83 of 536------ -CITE- 31 USC Sec. 506 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 506. Office of Federal Procurement Policy -STATUTE- The Office of Federal Procurement Policy, established under section 5(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 404(a)), is an office in the Office of Management and Budget. -SOURCE- (Added Pub. L. 97-452, Sec. 1(1)(A), Jan. 12, 1983, 96 Stat. 2467, Sec. 504; renumbered Sec. 506, Pub. L. 101-576, title II, Sec. 202(a), Nov. 15, 1990, 104 Stat. 2839.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 504 (no source). ------------------------------- The section is included to provide in subchapter I of chapter 5 of title 31 a complete list of the organizational units established by law that are in the Office of Management and Budget or are subject to the direction and supervision of the Director of the Office of Management and Budget. AMENDMENTS 1990 - Pub. L. 101-576 renumbered section 504 of this title as this section. ------DocID 39184 Document 84 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- SUBCHAPTER II - ADMINISTRATIVE ------DocID 39185 Document 85 of 536------ -CITE- 31 USC Sec. 521 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 521. Employees -STATUTE- The Director of the Office of Management and Budget shall appoint and fix the pay of employees of the Office under regulations prescribed by the President. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 521 31:17(a)(related to June 10, 1921, ch. employees). 18, Sec. 208(a)(related to employees), 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. ------------------------------- The words 'attorneys and other' are omitted as being included in 'employees'. -CROSS- CROSS REFERENCES Appointments generally, see sections 3101 et seq., and 3301 et seq., of Title 5, Government Organization and Employees. Classification and pay rates generally, see sections 5101 et seq., and 5331 et seq., of Title 5. ------DocID 39186 Document 86 of 536------ -CITE- 31 USC Sec. 522 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 522. Necessary expenditures -STATUTE- The Director of the Office of Management and Budget may make necessary expenditures for the Office under regulations prescribed by the President. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 522 31:17(a)(related to June 10, 1921, ch. expenses). 18, Sec. 208(a)(related to expenses), 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. ------------------------------- The words 'for rent in the District of Columbia, printing, binding, telegrams, telephone service, law books, books of reference, periodicals, stationery, furniture, office equipment, other supplies, and' are omitted as covered by titles 5, 40, and 44, and as being included in 'necessary expenditures'. The words 'within the appropriations made therefor' are omitted as unnecessary. ------DocID 39187 Document 87 of 536------ -CITE- 31 USC CHAPTER 7 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 -HEAD- CHAPTER 7 - GENERAL ACCOUNTING OFFICE -MISC1- SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION Sec. 701. Definitions. 702. General Accounting Office. 703. Comptroller General and Deputy Comptroller General. 704. Relationship to other laws. SUBCHAPTER II - GENERAL DUTIES AND POWERS 711. General authority. 712. Investigating the use of public money. 713. Audit of Internal Revenue Service and Bureau of Alcohol, Tobacco, and Firearms. 714. Audit of Financial Institutions Examination Council, Federal Reserve Board, Federal reserve banks, Federal Deposit Insurance Corporation, and Office of Comptroller of the Currency. 715. Audit of accounts and operations of the District of Columbia government. 716. Availability of information and inspection of records. 717. Evaluating programs and activities of the United States Government. 718. Availability of draft reports. 719. Comptroller General reports. 720. Agency reports. SUBCHAPTER III - PERSONNEL 731. General. 732. Personnel management system. 733. Senior Executive Service. 734. Assignments and details to Congress. 735. Relationship to other laws. 736. Authorization of appropriations. SUBCHAPTER IV - PERSONNEL APPEALS BOARD 751. Organization. 752. Chairman and General Counsel. 753. Duties and powers. 754. Action by the Comptroller General. 755. Judicial review. SUBCHAPTER V - ANNUITIES 771. Definitions. 772. Annuity of the Comptroller General. 773. Election of survivor benefits. 774. Survivor annuities. 775. Refunds. 776. Payment of survivor benefits. 777. Annuity increases. 778. Dependency and disability decisions. 779. Use of appropriations. SUBCHAPTER VI - PROPERTY MANAGEMENT Sec. (FOOTNOTE 1) 781. Authority over the General Accounting Office Building. (FOOTNOTE 1) So in original. Probably should not appear. 782. Leasing of space in the General Accounting Office Building. 783. Rules and regulations. AMENDMENTS 1988 - Pub. L. 100-545, Sec. 2(a), Oct. 28, 1988, 102 Stat. 2728, added subchapter VI heading and items 781 to 783. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3555 of this title. ------DocID 39188 Document 88 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER I -HEAD- SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION ------DocID 39189 Document 89 of 536------ -CITE- 31 USC Sec. 701 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER I -HEAD- Sec. 701. Definitions -STATUTE- In this chapter - (1) 'agency' includes the District of Columbia government but does not include the legislative branch or the Supreme Court. (2) 'appropriations' means appropriated amounts and includes, in appropriate context - (A) funds; (B) authority to make obligations by contract before appropriations; and (C) other authority making amounts available for obligation or expenditure. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 887.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 701(1) 31:2(1st-4th pars.). June 10, 1921, ch. 18, Sec. 2(1st-5th pars.), 42 Stat. 20; Apr. 3, 1939, ch. 36, Sec. 201, 53 Stat. 565; July 31, 1953, ch. 302, Sec. 101(1st proviso in par. under heading 'Bureau of the Budget'), 67 Stat. 299. 701(2) 31:2(last par.). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 2(last par.); added Sept. 12, 1950, ch. 946, Sec. 101, 64 Stat. 832. ------------------------------- In clause (1), 'agency' (which is defined for purposes of this title in section 101 to mean a department, agency, or instrumentality of the United States) is coextensive with and substituted for the term 'department or establishment' which was defined in 31:2 as in part meaning 'any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board'. This definition merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words 'includes the District of Columbia government' are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia Self-Government and Governmental Reorganizational Act (Pub. L. 93-198, 87 Stat. 774) supersedes the provisions codified in this title. The words 'of the United States' are omitted as surplus. The text of 31:2 (2d-4th pars.) is omitted as unnecessary because of the restatement. The text of section 2 (3d par.) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 20), is omitted as obsolete because of section 501 of the revised title. SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-426, Sec. 1, Sept. 9, 1988, 102 Stat. 1598, provided that: 'This Act (amending sections 703, 732, 751, 752, 755, 771 to 774, 776, and 777 of this title and section 5349 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 755 and 772 of this title) may be cited as the 'General Accounting Office Personnel Amendments Act of 1988'.' ------DocID 39190 Document 90 of 536------ -CITE- 31 USC Sec. 702 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER I -HEAD- Sec. 702. General Accounting Office -STATUTE- (a) The General Accounting Office is an instrumentality of the United States Government independent of the executive departments. (b) The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States. (c) The Comptroller General may adopt a seal for the Office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 887; Pub. L. 100-545, Sec. 2(b), Oct. 28, 1988, 102 Stat. 2729.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 702(a) 31:41(1st sentence June 10, 1921, ch. less last 14 words, 18, Sec. 301, 42 2d, 3d sentences). Stat. 23. 702(b) 31:41(1st sentence last 14 words). 31:42(a)(1st June 10, 1921, ch. sentence words 18, Sec. 302(a)(1st before comma). sentence words before 1st comma), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96- 226, Sec. 104(a), 94 Stat. 314. 31:1154(d)(1st Oct. 26, 1970, Pub. sentence). L. 91-510, Sec. 204(d)(1st sentence), 84 Stat. 1168; restated July 12, 1974, Pub. L. 93-344, Sec. 702(a), 88 Stat. 326. 31:1155(a). Oct. 26, 1970, Pub. L. 91-510, Sec. 205(a), 84 Stat. 1168. 702(c) 31:51-1. Jan. 2, 1975, Pub. L. 93-604, Sec. 501(a), 88 Stat. 1962. 702(d) 31:41(last sentence). ------------------------------- In subsection (a), the words 'instrumentality of the United States Government' are substituted for 'establishment of the Government' for consistency. The words 'created . . . to be' and 31:41(2d, 3d sentences) are omitted as executed. Subsection (b) is substituted for 31:41(1st sentence last 14 words) and 42(a)(1st sentence words before comma) to eliminate unnecessary words and for consistency. The word 'Deputy' is substituted for 'Assistant' because of section 101 of the Act of July 9, 1971 (Pub. L. 92-51, 85 Stat. 143). The text of 31:1154(d)(1st sentence) and 1155(a) is omitted as unnecessary because the Comptroller General, as the head of the Office, has the authority to establish constituent parts of the Office to carry out duties and powers unless otherwise specified by law. In subsection (c), the words 'Administrator of General Services' are substituted for 'the head of any Federal agency which exercises authority over such building' for clarity. The words 'of the United States' are omitted as surplus. AMENDMENTS 1988 - Subsecs. (c), (d). Pub. L. 100-545 redesignated subsec. (d) as (c) and struck out former subsec. (c) which directed Administrator of General Services to provide Comptroller General with space in General Accounting Office Building. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 735 of this title. ------DocID 39191 Document 91 of 536------ -CITE- 31 USC Sec. 703 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER I -HEAD- Sec. 703. Comptroller General and Deputy Comptroller General -STATUTE- (a)(1) The Comptroller General and Deputy Comptroller General are appointed by the President, by and with the advice and consent of the Senate. (2) When a vacancy occurs in the office of Comptroller General or Deputy Comptroller General, a commission is established to recommend individuals to the President for appointment to the vacant office. The commission shall be composed of - (A) the Speaker of the House of Representatives; (B) the President pro tempore of the Senate; (C) the majority and minority leaders of the House of Representatives and the Senate; (D) the chairmen and ranking minority members of the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House; and (E) when the office of Deputy Comptroller General is vacant, the Comptroller General. (3) A commission established because of a vacancy in the office of the Comptroller General shall recommend at least 3 individuals. The President may ask the commission to recommend additional individuals. (b) Except as provided in subsection (e) of this section, the term of the Comptroller General is 15 years. The Comptroller General may not be reappointed. The term of the Deputy Comptroller General expires on the date an individual is appointed Comptroller General. The Deputy Comptroller General may continue to serve until a successor is appointed. (c) The Deputy Comptroller General - (1) carries out duties and powers prescribed by the Comptroller General; and (2) acts for the Comptroller General when the Comptroller General is absent or unable to serve or when the office of Comptroller General is vacant. (d) The Comptroller General shall designate an officer or employee of the General Accounting Office to act as Comptroller General when the Comptroller General and Deputy Comptroller General are absent or unable to serve or when the offices of Comptroller General and Deputy Comptroller General are vacant. (e)(1) A Comptroller General or Deputy Comptroller General may retire after becoming 70 years of age and completing 10 years of service as Comptroller General or Deputy Comptroller General (as the case may be). Either may be removed at any time by - (A) impeachment; or (B) joint resolution of Congress, after notice and an opportunity for a hearing, only for - (i) permanent disability; (ii) inefficiency; (iii) neglect of duty; (iv) malfeasance; or (v) a felony or conduct involving moral turpitude. (2) A Comptroller General or Deputy Comptroller General removed from office under paragraph (1) of this subsection may not be reappointed to the office. (f) The annual rate of basic pay of the - (1) Comptroller General is equal to the rate for level II of the Executive Schedule; and (2) Deputy Comptroller General is equal to the rate for level III of the Executive Schedule. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 888; Pub. L. 100-426, title II, Sec. 201, Sept. 9, 1988, 102 Stat. 1599.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 703(a)(1) 31:42(a)(1st June 10, 1921, ch. sentence words 18, Sec. 302(a)(1st after comma). sentence words after 1st comma, last sentence), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96- 226, Sec. 104(a), 94 Stat. 314. 703(a)(2), (3) 31:42(b). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 302(b); added Apr. 3, 1980, Pub. L. 96-226, Sec. 104(a), 94 Stat. 314. 703(b) 31:43(1st par. 1st, June 10, 1921, ch. 2d sentence). 18, Sec. 303(1st par.), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96-226, Sec. 104(b)(1), 94 Stat. 315. 703(c) 31:42(a)(last sentence). 703(d) 31:43a. June 27, 1944, ch. 286, Sec. 101(last par. on p. 371), 58 Stat. 371. 703(e) 31:43(1st par. 3d- last sentences). 703(f) 31:42a. Aug. 14, 1964, Pub. L. 88-426, Sec. 203(a), (b), 78 Stat. 415; Dec. 16, 1967, Pub. L. 90- 206, Sec. 219(1), 81 Stat. 639; restated Aug. 9, 1975, Pub. L. 94-82, Sec. 204(b), 89 Stat. 421. ------------------------------- In subsections (a)(1), (b), (d), and (e), the word 'Deputy' is substituted for 'Assistant' because of section 101 of the Act of July 9, 1971 (Pub. L. 92-51, 85 Stat. 143). In subsection (a)(1), the words 'The Comptroller General and Deputy Comptroller General' are added because of the restatement. The words 'by and' are added for consistency. The words 'and shall receive salaries of $10,000 and $7,500 a year, respectively' in section 302(a)(1st sentence words after 2d comma) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 23), are omitted as superseded by subsection (f) of this section. In subsection (a)(2), before clause (A), the words 'after April 3, 1980' are omitted as executed. In clause (E), the words 'of the United States' are omitted as surplus. In subsection (a)(3), the words 'because of a vacancy in the office of the Comptroller General' are substituted for 'under paragraph (1)' for clarity. The word 'recommend' is substituted for 'submit' and 'submitted' for consistency. The words 'to the President for consideration the names of', 'for the Office of Comptroller General', and 'within his discretion' are omitted as surplus. In subsection (b), the words 'the term of . . . is 15 years' are substituted for 'shall hold office for fifteen years' for consistency. The words 'eligible for' are omitted as surplus. The words 'the term of . . . expires on' are substituted for 'shall hold office from the date of his appointment until' to eliminate unnecessary words and for consistency. The words 'to fill a vacancy in the Office of' are omitted as surplus. In subsection (c), the words 'carries out duties and powers prescribed' are substituted for 'perform such duties as may be assigned' for consistency. The words 'to him' are omitted as surplus. In subsection (d), the words 'officer or' are added for consistency in the revised title. The text of section 101(last par. on p. 371 words before colon) of the Act of June 27, 1944 (ch. 286, 58 Stat. 371), is omitted as expired. In subsection (e)(1), before clause (A), the words 'from his office' are omitted as surplus. In clause (A), the words 'and for no other cause and in no other manner' are omitted as surplus. In clause (B), before subclause (i), the words 'opportunity for a' are added for consistency. The words 'guilty of' are omitted as surplus. In subclause (i), the word 'disability' is substituted for 'incapacitated' for consistency in the chapter and with title 5. In subclause (iv), the words 'in office' are omitted as surplus. In subsection (e)(2), the words 'from office' are added for clarity. In subsection (f), before clause (1), the words 'basic pay' are substituted for 'compensation' for consistency with other titles of the United States Code. In clauses (1) and (2), the words 'of the United States' and 'positions at' are omitted as surplus. In clause (1), the words 'of subchapter II of chapter 53 of title 5' are omitted as surplus. AMENDMENTS 1988 - Subsec. (e)(1). Pub. L. 100-426 substituted 'may retire after becoming 70 years of age and completing 10 years of service as Comptroller General or Deputy Comptroller General (as the case may be)' for 'retires on becoming 70 years of age'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100-426, set out as a note under section 772 of this title. SALARY INCREASES 1987 - Salaries of Comptroller General and Deputy Comptroller General increased respectively to $89,500 and $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress. 1977 - Salaries of Comptroller General and Deputy Comptroller General increased respectively to $57,500 and $52,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. 1969 - Salaries of Comptroller General and Assistant Comptroller General increased respectively to $42,500 and $40,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 735, 772 of this title; title 2 section 356. ------DocID 39192 Document 92 of 536------ -CITE- 31 USC Sec. 704 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER I -HEAD- Sec. 704. Relationship to other laws -STATUTE- (a) To the extent applicable, all laws generally related to administering an agency apply to the Comptroller General. (b) A copy of a record and a transcript from a record or proceeding of the Comptroller General, that the Comptroller General or Deputy Comptroller General certifies under seal, shall be admitted as evidence with the same effect as a copy or transcript referred to in section 1733 of title 28. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 704(a) 31:46(1st sentence). June 10, 1921, ch. 18, Sec. 306, 42 Stat. 24. 704(b) 31:46(last sentence). ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (a), the word 'agency' is substituted for 'departments and establishments' because of section 701 of the revised title. In subsection (b), the word 'record' is substituted for 'books, records, papers, or documents' for consistency in the revised title and with other titles of the United States Code. ------DocID 39193 Document 93 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- SUBCHAPTER II - GENERAL DUTIES AND POWERS ------DocID 39194 Document 94 of 536------ -CITE- 31 USC Sec. 711 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 711. General authority -STATUTE- The Comptroller General may - (1) prescribe regulations to carry out the duties and powers of the Comptroller General; (2) delegate the duties and powers of the Comptroller General to officers and employees of the General Accounting Office as the Comptroller General decides is necessary to carry out those duties and powers; (3) regulate the practice of representatives of persons before the Office; and (4) administer oaths to witnesses when auditing and settling accounts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 711 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:52(c), (d). June 10, 1921, ch. 18, Sec. 311(c), (d), 42 Stat. 25; Feb. 15, 1980, Pub. L. 96-191, Sec. 8(e)(4), 94 Stat. 33. 31:52-1(related to Feb. 15, 1980, Pub. direct). L. 96-191, Sec. 2(related to direct), 94 Stat. 27. 31:117. R.S. Sec. 297. ------------------------------- In clause (1), the words 'may . . . prescribe regulations to carry out the duties and powers of the Comptroller General' are substituted for 'shall make such rules and regulations as may be necessary for carrying on the work of the General Accounting Office' in 31:52(d) for consistency. In clause (2), the word 'delegate' is substituted for 'direct' in 31:52-1, and the words 'officers and employees' are substituted for 'personnel', and 31:52(c) is omitted, for consistency in the revised title and with other titles of the United States Code. In clause (3), the words 'rules and' in 31:52(d) are omitted as surplus. The words 'representatives of persons' are substituted for 'attorneys' for clarity and consistency in the revised title. In clause (4), the words 'in any case in which they may deem it necessary for the due' in 31:117 are omitted as surplus. The words 'auditing and settling' are substituted for 'examination' for consistency. The words 'with which they shall be charged' are omitted because of the restatement. ------DocID 39195 Document 95 of 536------ -CITE- 31 USC Sec. 712 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 712. Investigating the use of public money -STATUTE- The Comptroller General shall - (1) investigate all matters related to the receipt, disbursement, and use of public money; (2) estimate the cost to the United States Government of complying with each restriction on expenditures of a specific appropriation in a general appropriation law and report each estimate to Congress with recommendations the Comptroller General considers desirable; (3) analyze expenditures of each executive agency the Comptroller General believes will help Congress decide whether public money has been used and expended economically and efficiently; (4) make an investigation and report ordered by either House of Congress or a committee of Congress having jurisdiction over revenue, appropriations, or expenditures; and (5) give a committee of Congress having jurisdiction over revenue, appropriations, or expenditures the help and information the committee requests. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 712(1) 31:53(a)(1st June 10, 1921, ch. sentence words 18, Sec. 312(a)(1st before 5th comma). sentence words before 5th comma), (b), 42 Stat. 25. 712(2) 31:59. Aug. 2, 1946, ch. 753, Sec. 205, 206(1st sentence), 60 Stat. 837. 712(3) 31:60(1st sentence). 712(4) 31:53(b)(1st sentence). 712(5) 31:53(b)(last sentence). ------------------------------- In clause (1), the words 'at the seat of government or elsewhere' are omitted as surplus. In clause (2), the words 'estimate the cost to the United States Government of complying with each restriction on expenditures' are substituted for 'make a full and complete study of restrictions . . . limiting the expenditure therein with a view to determining the cost to the Government incident to complying with such restrictions', and the word 'desirable' is substituted for 'necessary or desirable', to eliminate unnecessary words. In clause (3), the words 'executive agency' are substituted for 'agency in the executive branch of the Government (including Government corporations)' because of section 102 of the revised title. In clause (4), the words 'committee of Congress' are substituted for 'committee of either House' for consistency. In clause (5), the words 'at the request of any such committee, direct assistants from his office' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 719 of this title. ------DocID 39196 Document 96 of 536------ -CITE- 31 USC Sec. 713 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 713. Audit of Internal Revenue Service and Bureau of Alcohol, Tobacco, and Firearms -STATUTE- (a) Under regulations of the Comptroller General, the Comptroller General shall audit the Internal Revenue Service and the Bureau of Alcohol, Tobacco, and Firearms, of the Department of the Treasury. An audit under this section does not affect a final decision of the Secretary of the Treasury under section 6406 of the Internal Revenue Code of 1986 (26 U.S.C. 6406). (b)(1) To carry out this section and to the extent provided by and only subject to section 6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103) - (A) returns and return information (as defined in section 6103(b) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(b)) shall be made available to the Comptroller General; and (B) records and property of, or used by, the Service or the Bureau, shall be made available to the Comptroller General. (2) At least once every 6 months, the Comptroller General shall designate each officer and employee of the General Accounting Office by name and title to whom returns, return information, or records or property of the Service or the Bureau that can identify a particular taxpayer may be made available. Each designation or a certified copy of the designation shall be sent to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House, the Joint Committee on Taxation, the Commissioner of Internal Revenue, and the Director of the Bureau. (3) Except as expressly provided by law, an officer or employee of the Office may make known information derived from a record or property of, or in use by, the Service or the Bureau that can identify a particular taxpayer only to another officer or employee of the Office whose duties or powers require that the record or property be made known. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 713(a) 31:67(d)(1). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 117(d)(1)-(3); added Oct. 7, 1977, Pub. L. 95-125, Sec. 1, 91 Stat. 1104. 713(b)(1) 31:67(d)(2)(1st sentence less proviso). 713(b)(2) 31:67(d)(3). 713(b)(3) 31:67(d)(2)(1st sentence proviso, last sentence). ------------------------------- In subsection (a), the words 'rules and' and 'findings or' are omitted as surplus. The words 'or his delegate' are omitted as unnecessary because of sections 301(b) and 321(a)(2) of the revised title. In subsection (b)(1), before clause (A), the words 'To carry out' are substituted for 'For the purposes of, and to the extent necessary in, making the audits required by', and the word 'only' is substituted for 'but notwithstanding the provisions of any other law', to eliminate unnecessary words. The words 'the requirements imposed by' are omitted as surplus. The words 'Comptroller General' are substituted for 'representatives of the General Accounting Office' for consistency. In clause (B), the word 'records' is substituted for 'books, accounts, financial records, reports, files, papers' for consistency in the revised title and with other titles of the United States Code. The words 'other' and 'things' are omitted as surplus. In subsection (b)(2), the words 'in writing' and 'pursuant to the provisions of paragraph (2) of this subsection' are omitted as surplus. The words 'records or property of the Service or the Bureau' are substituted for 'any information described in clause (B) of such paragraph (2)' for clarity. The words 'in a form . . . be associated with or otherwise . . . directly or indirectly', 'such written', and 'promptly' are omitted as surplus. In subsection (b)(3), the words 'divulge . . . in any manner whatever to any person' are omitted as surplus. The words 'information derived from a record or property of, or in use by, the Service or the Bureau' are substituted for 'any information described in clause (B)' for clarity and consistency. The words 'in a form . . . be associated with or otherwise . . . directly or indirectly' are omitted as surplus. The word 'powers' is substituted for 'responsibilities' for consistency. The words 'that the record or property be made known' are substituted for 'such disclosure' for clarity. The text of 31:67(d)(2)(last sentence) is omitted as surplus. AMENDMENTS 1986 - Subsecs. (a), (b)(1). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954' wherever appearing. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 719 of this title; title 26 section 6103. ------DocID 39197 Document 97 of 536------ -CITE- 31 USC Sec. 714 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 714. Audit of Financial Institutions Examination Council, Federal Reserve Board, Federal reserve banks, Federal Deposit Insurance Corporation, and Office of Comptroller of the Currency -STATUTE- (a) In this section, 'agency' means the Financial Institutions Examination Council, the Federal Reserve Board, Federal reserve banks, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision. (b) Under regulations of the Comptroller General, the Comptroller General shall audit an agency, but may carry out an onsite examination of an open insured bank or bank holding company only if the appropriate agency has consented in writing. Audits of the Federal Reserve Board and Federal reserve banks may not include - (1) transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization; (2) deliberations, decisions, or actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, and open market operations; (3) transactions made under the direction of the Federal Open Market Committee; or (4) a part of a discussion or communication among or between members of the Board of Governors and officers and employees of the Federal Reserve System related to clauses (1)-(3) of this subsection. (c)(1) Except as provided in this subsection, an officer or employee of the General Accounting Office may not disclose information identifying an open bank, an open bank holding company, or a customer of an open or closed bank or bank holding company. The Comptroller General may disclose information related to the affairs of a closed bank or closed bank holding company identifying a customer of the closed bank or closed bank holding company only if the Comptroller General believes the customer had a controlling influence in the management of the closed bank or closed bank holding company or was related to or affiliated with a person or group having a controlling influence. (2) An officer or employee of the Office may discuss a customer, bank, or bank holding company with an official of an agency and may report an apparent criminal violation to an appropriate law enforcement authority of the United States Government or a State. (3) This subsection does not authorize an officer or employee of an agency to withhold information from a committee of Congress authorized to have the information. (d)(1) To carry out this section, all records and property of or used by an agency, including samples of reports of examinations of a bank or bank holding company the Comptroller General considers statistically meaningful and workpapers and correspondence related to the reports shall be made available to the Comptroller General. The Comptroller General shall give an agency a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out an audit. An agency shall give the Comptroller General suitable and lockable offices and furniture, telephones, and access to copying facilities. (2) Except for the temporary removal of workpapers of the Comptroller General that do not identify a customer of an open or closed bank or bank holding company, an open bank, or an open bank holding company, all workpapers of the Comptroller General and records and property of or used by an agency that the Comptroller General possesses during an audit, shall remain in the agency. The Comptroller General shall prevent unauthorized access to records or property. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 890; Pub. L. 101-73, title III, Sec. 307(c), Aug. 9, 1989, 103 Stat. 353.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 714(a) 31:67(e)(2). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 117(e)(1)-(5), (7); added July 21, 1978, Pub. L. 95- 320, Sec. 2, 92 Stat. 391; Nov. 10, 1978, Pub. L. 95- 630, Sec. 1010, 92 Stat. 3696. 714(b) 31:67(e)(1), (3), (4). 714(c) 31:67(e)(5). 714(d) 31:67(e)(7). ------------------------------- In subsection (a), the words 'Financial Institutions Examination Council, the Federal Reserve Board, Federal reserve banks, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency' are substituted for 'the agencies, banks, facilities, and corporation, listed in clauses (A), (B), (C), and (D) of paragraph (1)' for clarity. The words 'and their branches and facilities' are omitted as unnecessary because of section 4 of the Rules of Organization of the Federal Reserve System set out in 12:222(note). In subsections (b) and (c), the words 'Comptroller General' are substituted for 'General Accounting Office' and 'Office' for consistency. In subsection (b), before clause (1), the words 'rules and' are omitted as surplus. The word 'agency' is substituted for 31:67(e)(1)(A)-(D) because of subsection (a). The words '(hereinafter in this subsection referred to as the Office)' are omitted because of the restatement. In clause (1), the words 'government of a foreign country' are substituted for 'foreign governments' for consistency. In clause (3), the words 'including transactions of the Federal Reserve System Open Market Account' are omitted as surplus. In clause (4), the words 'oral, written, telegraphic, or telephonic' are omitted as surplus. In subsection (c)(1), the words 'otherwise', 'to any person, nor shall the Office disclose in its report or otherwise outside of the Office', 'in a form', and 'specific' are omitted as surplus. In subsection (c)(2), the words 'An officer or employee of the Office' are substituted for 'the Office or its employees' for consistency in the revised title and with other titles of the United States Code. The word 'specific' is omitted as surplus. In subsection (c)(3), the words 'or subcommittee of the' are omitted as surplus. The words 'authorized to have the information' are substituted for 'duly authorized' for clarity. In subsection (d)(1), the words 'To carry out this section, all records and property of or used by an agency . . . shall be made available to the Comptroller General' are substituted for 31:67(e)(7)(A)(words before 11th comma) for consistency in the revised title and with other titles of the Code and to eliminate unnecessary words. The words 'without deletions' are omitted as surplus. The words 'from whatever source' and 'whether or not a part of the reports' are omitted as surplus. The words 'shall have the authority to authorize Office personnel to conduct such audits and to have access to agency materials described in subparagraph (A) and' are omitted because of sections 702(b) and 711 of the revised title. The words 'records and property' are substituted for 'such agency materials' for clarity and consistency. In subsection (d)(2), the words 'records and property of or used by an agency' are substituted for 'agency materials described in subparagraph (A)' for consistency. The words 'The Comptroller General shall prevent unauthorized access to records or property' are substituted for 31:67(e)(7)(D)(last sentence) for clarity. AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-73 inserted reference to Office of Thrift Supervision. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 718 of this title; title 12 section 1833c; title 18 section 1906. ------DocID 39198 Document 98 of 536------ -CITE- 31 USC Sec. 715 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 715. Audit of accounts and operations of the District of Columbia government -STATUTE- (a) In addition to the audit carried out under section 455 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198, 87 Stat. 803; D.C. Code, Sec. 47-117), the Comptroller General each year shall audit the accounts and operations of the District of Columbia government. An audit shall be carried out according to principles, under regulations, and in a way the Comptroller General prescribes. When prescribing the procedures to follow and the extent of the inspection of records, the Comptroller General shall consider generally accepted principles of auditing, including the effectiveness of accounting organizations and systems, internal audit and control, and related administrative practices. (b) The Comptroller General shall submit each audit report to Congress and the Mayor and Council of the District of Columbia. The report shall include the scope of an audit, information the Comptroller General considers necessary to keep Congress, the Mayor, and the Council informed of operations audited, and recommendations the Comptroller General considers advisable. (c)(1) By the 90th day after receiving an audit report from the Comptroller General, the Mayor shall state in writing to the Council measures the District of Columbia government is taking to comply with the recommendations of the Comptroller General. A copy of the statement shall be sent to Congress. (2) After the Council receives the statement of the Mayor, the Council may make available for public inspection the report of the Comptroller General and other material the Council considers pertinent. (d) To carry out this section, records and property of or used by the District of Columbia government necessary to make an audit easier shall be made available to the Comptroller General. The Mayor shall provide facilities to carry out an audit. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 891.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 715(a) 31:61(a)(1st, 2d Dec. 24, 1973, Pub. sentences). L. 93-198, Sec. 736, 87 Stat. 823. 715(b) 31:61(b)(1). 715(c)(1) 31:61(b)(3). 715(c)(2) 31:61(b)(2). 715(d) 31:61(a)(last sentence). ------------------------------- In subsection (a), the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. The words 'of Columbia' are added for clarity. The words 'rules and' are omitted as surplus. The word 'way' is substituted for 'procedures' and 'detail' to eliminate unnecessary words. The words 'of the United States' are omitted as surplus. The word 'records' is substituted for 'vouchers and other documents' to eliminate unnecessary words. In subsection (b), the words 'of the District of Columbia' are added for clarity. The words 'comments and' are omitted as surplus. The word 'audited' is substituted for 'to which the reports relate' for consistency and to eliminate unnecessary words. The words 'with respect thereto' are omitted as surplus. In subsection (c)(2), the words 'After the Council receives the statement of the Mayor' are substituted for 'After the Mayor has had an opportunity to be heard', and the words 'of the Comptroller General' are added, for clarity. The word 'thereto' is omitted as surplus. In subsection (d), the words 'To carry out this section' are added for clarity. The words 'records and property of or used by . . . shall be made available to the Comptroller General' are substituted for 31:61(a)(last sentence 1st-30th words) for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words 'of Columbia government' are added for consistency. The words 'The Mayor shall provide facilities to carry out an audit' are substituted for 31:61(a)(last sentence words after last comma) for clarity. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 47-118.1. ------DocID 39199 Document 99 of 536------ -CITE- 31 USC Sec. 716 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 716. Availability of information and inspection of records -STATUTE- (a) Each agency shall give the Comptroller General information the Comptroller General requires about the duties, powers, activities, organization, and financial transactions of the agency. The Comptroller General may inspect an agency record to get the information. This subsection does not apply to expenditures made under section 3524 or 3526(e) of this title. (b)(1) When an agency record is not made available to the Comptroller General within a reasonable time, the Comptroller General may make a written request to the head of the agency. The request shall state the authority for inspecting the records and the reason for the inspection. The head of the agency has 20 days after receiving the request to respond. The response shall describe the record withheld and the reason the record is being withheld. If the Comptroller General is not given an opportunity to inspect the record within the 20-day period, the Comptroller General may file a report with the President, the Director of the Office of Management and Budget, the Attorney General, the head of the agency, and Congress. (2) Through an attorney the Comptroller General designates in writing, the Comptroller General may bring a civil action in the district court of the United States for the District of Columbia to require the head of the agency to produce a record - (A) after 20 days after a report is filed under paragraph (1) of this subsection; and (B) subject to subsection (d) of this section. (3) The Attorney General may represent the head of the agency. The court may punish a failure to obey an order of the court under this subsection as a contempt of court. (c)(1) Subject to subsection (d) of this section, the Comptroller General may subpena a record of a person not in the United States Government when the record is not made available to the Comptroller General to which the Comptroller General has access by law or by agreement of that person from whom access is sought. A subpena shall identify the record and the authority for the inspection and may be issued by the Comptroller General. The Comptroller General may have an individual serve a subpena under this subsection by delivering a copy to the person named in the subpena or by mailing a copy of the subpena by certified or registered mail, return receipt requested, to the residence or principal place of business of the person. Proof of service is shown by a verified return by the individual serving the subpena that states how the subpena was served or by the return receipt signed by the person served. (2) If a person residing, found, or doing business in a judicial district refuses to comply with a subpena issued under paragraph (1) of this subsection, the Comptroller General, through an attorney the Comptroller General designates in writing, may bring a civil action in that district court to require the person to produce the record. The court has jurisdiction of the action and may punish a failure to obey an order of the court under this subsection as a contempt of court. (d)(1) The Comptroller General may not bring a civil action for a record withheld under subsection (b) of this section or issue a subpena under subsection (c) of this section if - (A) the record related to activities the President designates as foreign intelligence or counterintelligence activities; (B) the record is specifically exempted from disclosure to the Comptroller General by a statute that - (i) without discretion requires that the record be withheld from the Comptroller General; (ii) establishes particular criteria for withholding the record from the Comptroller General; or (iii) refers to particular types of records to be withheld from the Comptroller General; or (C) by the 20th day after a report is filed under subsection (b)(1) of this section, the President or the Director certifies to the Comptroller General and Congress that a record could be withheld under section 552(b)(5) or (7) of title 5 and disclosure reasonably could be expected to impair substantially the operations of the Government. (2) The President or the Director may not delegate certification under paragraph (1)(C) of this subsection. A certification shall include a complete explanation of the reasons for the certification. (e)(1) The Comptroller General shall maintain the same level of confidentiality for a record made available under this section as is required of the head of the agency from which it is obtained. Officers and employees of the General Accounting Office are subject to the same statutory penalties for unauthorized disclosure or use as officers or employees of the agency. (2) The Comptroller General shall keep information described in section 552(b)(6) of title 5 that the Comptroller General obtains in a way that prevents unwarranted invasions of personal privacy. (3) This section does not authorize information to be withheld from Congress. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 892.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 716(a) 31:54(a). June 10, 1921, ch. 18, Sec. 313(a), 42 Stat. 26; Apr. 3, 1980, Pub. L. 96- 226, Sec. 102, 94 Stat. 312. 716(b) 31:54(b). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 313(b)-(f); added Apr. 3, 1980, Pub. L. 96-226, Sec. 102, 94 Stat. 312. 716(c) 31:54(c). 716(d) 31:54(d). 716(e) 31:54(e), (f). ------------------------------- In the section, the word 'records' is substituted for 'books, documents, papers, or records', 'books, records, correspondence, memoranda, papers, and documents', and 'written information, books, documents, papers, or records' for consistency in the revised title and with other titles of the United States Code. The word 'Congress' is substituted for 'Speaker of the House of Representatives, and the President of the Senate' for consistency in the revised title. In subsections (a) and (b), the word 'agency' is substituted for 'departments and establishments' because of section 701 of the revised title. In subsection (a), the words 'methods of business' are omitted as surplus. The words 'or any of his assistants or employees, when duly authorized by him' are omitted because of sections 702(b) and 711 of the revised title. The word 'inspect' is substituted for 'shall . . . have access to and the right to examine' for consistency. The cross reference to section 3524 is added for clarity. In subsection (b)(1), the words 'to the Comptroller General' are substituted for 'access to' for clarity and consistency. The words 'in his discretion', 'in addition to subsection (a)', 'a period of', and 'to the written request of the Comptroller General' are omitted as surplus. The words 'or any of his designated assistants or employees' are omitted because of sections 702(b) and 711 of the revised title. In subsection (b)(2), before clause (A), the words 'bring a civil action' are substituted for 'apply' to conform to rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In clause (A), the words 'calendar' and 'written' are omitted as surplus. In subsection (b)(3), the words 'head of the agency' are substituted for 'defendant official' for consistency. In subsection (c)(1), the words 'require by . . . the production of' are omitted as surplus. The words 'person not in the United States Government' are substituted for 'contractors, subcontractors, or other non-Federal persons' for consistency and to eliminate unnecessary words. The words 'from whom access is sought', 'in the case of service by certified or registered mail', and 'post office' are omitted as surplus. In subsection (c)(2), the words 'judicial district' are substituted for 'jurisdiction of any district court of the United States' for consistency and to eliminate unnecessary words. The words 'contumacy or' are omitted as surplus. The words 'may bring a civil action' are substituted for 'upon application made by' to conform to rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (d)(1), before clause (A), the words 'requiring the production of material' are omitted as surplus. In clause (C), the words 'in writing', 'consists of matters which . . . from disclosure', 'United States Code', 'of such material to the Comptroller General', and 'Federal' are omitted as surplus. In subsection (e)(1), the words 'the head of' are added for consistency. The words 'from which such material was obtained' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3523 of this title; title 12 section 1833c; title 20 section 1082; title 22 section 3143; title 38 section 4166; title 44 section 3519; title 50 App. section 2411. ------DocID 39200 Document 100 of 536------ -CITE- 31 USC Sec. 717 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 717. Evaluating programs and activities of the United States Government -STATUTE- (a) In this section, 'agency' means a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government. (b) The Comptroller General shall evaluate the results of a program or activity the Government carries out under existing law - (1) on the initiative of the Comptroller General; (2) when either House of Congress orders an evaluation; or (3) when a committee of Congress with jurisdiction over the program or activity requests the evaluation. (c) The Comptroller General shall develop and recommend to Congress ways to evaluate a program or activity the Government carries out under existing law. (d)(1) On request of a committee of Congress, the Comptroller General shall help the committee to - (A) develop a statement of legislative goals and ways to assess and report program performance related to the goals, including recommended ways to assess performance, information to be reported, responsibility for reporting, frequency of reports, and feasibility of pilot testing; and (B) assess program evaluations prepared by and for an agency. (2) On request of a member of Congress, the Comptroller General shall give the member a copy of the material the Comptroller General compiles in carrying out this subsection that has been released by the committee for which the material was compiled. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 893.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 717(a) 31:1157. Oct. 26, 1970, Pub. L. 91-510, Sec. 207, 84 Stat. 1168. 717(b) 31:1154(a). Oct. 26, 1970, Pub. L. 91-510, Sec. 204(a)-(c), 84 Stat. 1168; restated July 12, 1974, Pub. L. 93- 344, Sec. 702(a), 88 Stat. 326. 717(c) 31:1154(c). 717(d) 31:1154(b). ------------------------------- Subsection (a) restates the source provisions because of section 701 of the revised title and for consistency with section 101 of the revised title. In subsection (b), before clause (1), the word 'evaluate' is substituted for 'review and evaluate' to eliminate unnecessary words. In clause (3), the words 'a committee of Congress' are substituted for 'any committee of the House of Representatives or the Senate, or any joint committee of the two Houses' for consistency and to eliminate unnecessary words. In subsection (c), the word 'evaluate' is substituted for 'review and evaluation' to eliminate unnecessary words. In subsection (d)(1), before clause (A), the words 'committee of Congress' are substituted for 'committee of either House or any joint committee of the two Houses' for consistency and to eliminate unnecessary words. In clause (A), the words 'objectives and', 'actual', and 'but are not limited to' are omitted as surplus. In clause (B), the words 'analyzing and' and 'or evaluation studies' are omitted as surplus. In subsection (d)(2), the word 'Congress' is substituted for 'either House' for clarity. The words 'statement or other' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 719, 731, 1113 of this title. ------DocID 39201 Document 101 of 536------ -CITE- 31 USC Sec. 718 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 718. Availability of draft reports -STATUTE- (a) A draft report of an audit under section 714 of this title shall be submitted to the Financial Institutions Examination Council, the Federal Reserve Board, the Federal Deposit Insurance Corporation, or the Office of the Comptroller of the Currency for comment for 30 days. (b)(1) The Comptroller General may submit a part of a draft report to an agency for comment for more than 30 days only if the Comptroller General decides, after a showing by the agency, that a longer period is necessary and likely to result in a more accurate report. The report may not be delayed because the agency does not comment within the comment period. (2) When a draft report is submitted to an agency for comment, the Comptroller General shall make the draft report available on request to - (A) either House of Congress, a committee of Congress, or a member of Congress if the report was begun because of a request of the House, committee, or member; or (B) the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives if the report was not begun because of a request of either House of Congress, a committee of Congress, or a member of Congress. (3) This subsection is subject to statutory and executive order guidelines for handling and storing classified information and material. (c) A final report of the Comptroller General shall include - (1) a statement of significant changes of a finding, conclusion, or recommendation in an earlier draft report because of comments on the draft by an agency; (2) a statement of the reasons the changes were made; and (3) for a draft report submitted under subsection (a) of this section, written comments of the agency submitted during the comment period. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 894.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 718(a) 31:67(e)(6)(B)(1st Sept. 12, 1950, ch. sentence). 946, 64 Stat. 832, Sec. 117(e)(6)(B); added July 21, 1978, Pub. L. 95- 320, Sec. 2, 92 Stat. 392. 718(b)(1) 31:53(f)(1), (2). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 312(f); added Apr. 3, 1980, Pub. L. 96-226, Sec. 103, 94 Stat. 314. 718(b)(2) 31:53(f)(3). 718(b)(3) 31:53(f)(5). 718(c)(1) 31:53(f)(4)(A). 718(c)(2) 31:53(f)(4)(B). 718(c)(3) 31:67(e)(6)(B)(last sentence). ------------------------------- In subsection (a), the words 'audit under section 714 of this title' are substituted for 'such Office audit report', and the words 'Financial Institutions Examination Council, the Federal Reserve Board, the Federal Deposit Insurance Corporation, or the Office of the Comptroller of the Currency' are substituted for 'agency concerned (other than banks, branches, and facilities)', because of the restatement. In subsection (b)(1), the words 'The report may not be delayed because the agency does not comment within the comment period' are substituted for 31:53(f)(2) to eliminate unnecessary words. In subsection (b)(2)(A), the words 'pursuant to subsection (b) of this section or otherwise' are omitted as surplus. In subsection (b)(2)(B), the words 'if the report was not begun because of a request of either House of Congress, a committee of Congress, or a member of Congress' are substituted for 'in the case of any other report' for clarity and consistency. In subsection (b)(3), the words 'Procedures followed pursuant to' are omitted as surplus. In subsection (c), before clause (1), the words 'version of any' are omitted as surplus. The words 'shall include' are substituted for 'The Comptroller General shall prepare and issue with' because of the restatement. The words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In clause (3), the words 'when a draft report was submitted under subsection (a) of this section' are added because of the restatement. The words 'as an addendum' are omitted as surplus. ------DocID 39202 Document 102 of 536------ -CITE- 31 USC Sec. 719 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 719. Comptroller General reports -STATUTE- (a) At the beginning of each regular session of Congress, the Comptroller General shall report to Congress (and to the President when requested by the President) on the work of the Comptroller General. A report shall include recommendations on - (1) legislation the Comptroller General considers necessary to make easier the prompt and accurate making and settlement of accounts; and (2) other matters related to the receipt, disbursement, and use of public money the Comptroller General considers advisable. (b)(1) The Comptroller General shall include in the report to Congress under subsection (a) of this section - (A) a review of activities under sections 717(b)-(d) and 731(e)(2) of this title, including recommendations under section 717(c) of this title; (B) information on carrying out duties and powers of the Comptroller General under clauses (A) and (C) of this paragraph, subsections (g) and (h) of this section, and sections 717, 731(e)(2), 734, 1112, and 1113 of this title; and (C) the name of each officer and employee of the General Accounting Office assigned or detailed to a committee of Congress, the committee to which the officer or employee is assigned or detailed, the length of the period of assignment or detail, a statement on whether the assignment or detail is finished or continuing, and compensation paid out of appropriations available to the Comptroller General for the period of the assignment or detail that has been completed. (2) In a report under subsection (a) of this section or in a special report to Congress when Congress is in session, the Comptroller General shall include recommendations on greater economy and efficiency in public expenditures. (c) The Comptroller General shall report to Congress - (1) specially on expenditures and contracts an agency makes in violation of law; (2) on the adequacy and effectiveness of - (A) administrative audits of accounts and claims in an agency; and (B) inspections by an agency of offices and accounts of fiscal officials; and (3) as frequently as practicable on audits carried out under sections 713 and 714 of this title. (d) The Comptroller General shall report each year to the Committees on Finance and Governmental Affairs of the Senate, the Committees on Ways and Means and Government Operations of the House of Representatives, and the Joint Committee on Taxation. Each report shall include - (1) procedures and requirements the Comptroller General, the Commissioner of Internal Revenue, and the Director of the Bureau of Alcohol, Tobacco, and Firearms, prescribe to protect the confidentiality of returns and return information made available to the Comptroller General under section 713(b)(1) of this title; (2) the scope and subject matter of audits under section 713 of this title; and (3) findings, conclusions, or recommendations the Comptroller General develops as a result of an audit under section 713 of this title, including significant evidence of inefficiency or mismanagement. (e) The Comptroller General shall report on analyses carried out under section 712(3) of this title to the Committees on Governmental Affairs and Appropriations of the Senate, the Committees on Government Operations and Appropriations of the House, and the committees with jurisdiction over legislation related to the operation of each executive agency. (f) The Comptroller General shall give the President information on expenditures and accounting the President requests. (g) When the Comptroller General submits a report to Congress, the Comptroller General shall deliver copies of the report to - (1) the Committees on Governmental Affairs and Appropriations of the Senate; (2) the Committees on Government Operations and Appropriations of the House; (3) a committee of Congress that requested information on any part of a program or activity of a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government that is the subject of any part of a report; and (4) any other committee of Congress requesting a copy. (h)(1) The Comptroller General shall prepare - (A) each month a list of reports issued during the prior month; and (B) at least once each year a list of reports issued during the prior 12 months. (2) A copy of each list shall be sent to each committee of Congress and each member of Congress. On request, the Comptroller General promptly shall provide a copy of a report to a committee or member. (i) On request of a committee of Congress, the Comptroller General shall explain to and discuss with the committee or committee staff a report the Comptroller General makes that would help the committee - (1) evaluate a program or activity of an agency within the jurisdiction of the committee; or (2) in its consideration of proposed legislation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 894.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 719(a) 31:53(a)(1st June 10, 1921, ch. sentence words 18, Sec. 312(a)(1st after 5th comma). sentence words after 5th comma, last sentence), (c)- (e), 42 Stat. 25. 719(b)(1) (A) 31:1154(e). Oct. 26, 1970, Pub. L. 91-510, Sec. 204(e), 84 Stat. 1168; restated July 12, 1974, Pub. L. 93-344, Sec. 702(a), 88 Stat. 326. 719(b)(1) (B) 31:1155(b). Oct. 26, 1970, Pub. L. 91-510, Sec. 205(b), 207, 231- 234, 235(b), 84 Stat. 1168, 1170, 1171. 719(b)(1) (C) 31:1175(b). 719(b)(2) 31:53(a)(last sentence). 719(c)(1) 31:53(c). 719(c)(2) 31:53(d). 719(c)(3) 31:67(d)(4)(1st Sept. 12, 1950, ch. sentence). 946, 64 Stat. 832, Sec. 117(d)(4); added Oct. 7, 1977, Pub. L. 95-125, 91 Stat. 1105. 31:67(e)(6)(A). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 117(e)(6)(A); added July 21, 1978, Pub. L. 95- 320, Sec. 2, 92 Stat. 392. 719(d) 31:67(d)(4)(last sentence). 719(e) 31:60(last sentence). Aug. 2, 1946, ch. 753, Sec. 206(last sentence), 60 Stat. 837. 719(f) 31:53(e). 719(g) 31:1157. 31:1172. 31:1173. 719(h) 31:1174. 719(i) 31:1171. ------------------------------- In subsection (a), before clause (1), the words 'of Congress' are added for clarity. The words 'in writing' are omitted as surplus. The words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (b)(1), before clause (A), the words 'under subsection (a) of this section' are substituted for 'annual' in 31:1154(e), 1155(b), and 1175(b) for clarity. In clause (A), the words 'of methods for review and evaluation of Government programs and activities' are omitted as unnecessary. In clause (C), the word 'officer' is added for consistency. The words 'of the General Accounting Office' are added for clarity. The words 'committee of Congress' are substituted for 'committee of the Senate or House of Representatives or any joint committee of Congress' for consistency and to eliminate unnecessary words. The words 'name of each', 'joint committee', and 'of such employee' are omitted as surplus. The word 'compensation' is substituted for 'pay of such employee, his travel, subsistence, and other expenses, the agency contributions for his retirement and life and health insurance benefits, and other necessary monetary expenses for personnel benefits on account of such employee' for consistency in the revised title and with other titles of the United States Code. The words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. The words 'of such employee, or, if such assignment or detail is currently in effect, during that part of the period of such assignment or detail' are omitted as surplus. In subsection (b)(2), the words 'at any time' are omitted as surplus. In subsection (c), the word 'agency' is substituted for 'department or establishment' and 'departments and establishments' because of section 701 of the revised title. In clause (1), the words 'in any year' are omitted as surplus. In clause (2)(A), the word 'audits' is substituted for 'examination' for consistency. In clause (2)(B), the words 'by an agency' are substituted for 'departmental' because of the restatement. The word 'officials' is substituted for 'officers' for consistency. In subsection (d), before clause (1), the word 'written' is omitted as surplus. In clause (1), the words 'Comptroller General, the Commissioner of Internal Revenue, and the Director of the Bureau of Alcohol, Tobacco, and Firearms' are substituted for 'General Accounting Office, the Internal Revenue Service, and the Bureau of Alcohol, Tobacco, and Firearms' for consistency. In clauses (2) and (3), the words 'or other examination or review' are omitted as surplus. In subsections (e) and (g), the words 'Governmental Affairs . . . of the Senate' are substituted for 'Government Operations . . . of the two Houses' in 31:60(last sentence) and 'Government Operations of the . . . Senate' in 31:1172 because of Rule 25.1(k) of the Standing Rules of the Senate (S. Doc. 96-1, 96th Cong., 1st Sess.). In subsection (e), the words 'carried out under section 712(3) of this title' are added because of the restatement. The words 'legislative' before 'committees', and 'respective', are omitted as surplus. The words 'executive agency' are substituted for 'agencies' because of section 102 of the revised title. In subsection (f), the word 'President' is substituted for 'Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) redesignated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In subsection (g), before clause (1), the words 'Comptroller General' are substituted for 'General Accounting Office' in 31:1172 for consistency. In clause (3), the words 'committee of Congress' are substituted for 'other committee of the House or Senate, or any joint committee of the two Houses' for consistency and to eliminate unnecessary words. The words in the parentheses are included for consistency with section 101 of the revised title. The word 'establishment' in 31:1157 is omitted as surplus. Clause (4) is substituted for 31:1173 to eliminate unnecessary words. In subsection (h)(1), the words 'once . . . calendar', 'of the General Accounting Office', 'immediately', and 'cumulative' are omitted as surplus. In subsection (h)(2), the words 'committee of Congress' are substituted for 'committee of the House or Senate, each joint committee of the two Houses' for consistency and to eliminate unnecessary words. The words 'member of Congress' are substituted for 'Member of the House or Senate, and the Resident Commissioner from Puerto Rico' for consistency and to eliminate unnecessary words. The words 'On request, the Comptroller General promptly shall provide a copy of a report to a committee or member' are substituted for 31:1174(last sentence) to eliminate unnecessary words. In subsection (i), before clause (1), the words 'committee of Congress' are substituted for 'committee of the House or Senate, or of any joint committee of the two Houses' for consistency and to eliminate unnecessary words. The words 'making the request' are omitted as surplus. The words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In clause (1), the word 'evaluate' is substituted for 'review' for consistency in the revised title. In clause (2), the words 'including requests for appropriations' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 731 of this title. ------DocID 39203 Document 103 of 536------ -CITE- 31 USC Sec. 720 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER II -HEAD- Sec. 720. Agency reports -STATUTE- (a) In this section, 'agency' means a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government. (b) When the Comptroller General makes a report that includes a recommendation to the head of an agency, the head of the agency shall submit a written statement on action taken on the recommendation by the head of the agency. The statement shall be submitted to - (1) the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives before the 61st day after the date of the report; and (2) the Committees on Appropriations of both Houses of Congress in the first request for appropriations submitted more than 60 days after the date of the report. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 896.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 720(a) 31:1157. Oct. 26, 1970, Pub. L. 91-510, Sec. 207, 236, 84 Stat. 1168, 1171. 720(b) 31:1176. ------------------------------- In subsection (a), the words 'As used . . . the term', 'Federal', and 'establishment' are omitted as surplus. The words in parentheses are included for consistency with section 101 of the revised title. In subsection (b), before clause (1), the words 'Comptroller General' are substituted for 'General Accounting Office', and the words 'head of the' are added, for consistency. The word 'written' is omitted as surplus. In clause (1), the words 'Governmental Affairs of the Senate' are substituted for 'Government Operations of the . . . Senate' because of Rule 25.1(k) of the Standing Rules of the Senate (S. Doc. 96-1, 96th Cong., 1st Sess.). In clause (2), the words 'both Houses of Congress' are substituted for 'the House of Representatives and the Senate' for consistency. The words 'connection with', 'for that agency', and 'to the Congress' are omitted as surplus. ------DocID 39204 Document 104 of 536------ -CITE- 31 USC SUBCHAPTER III -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER III -HEAD- SUBCHAPTER III - PERSONNEL -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 732 of this title. ------DocID 39205 Document 105 of 536------ -CITE- 31 USC Sec. 731 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 731. General -STATUTE- (a) The Comptroller General may appoint, pay, assign, and remove officers (except the Deputy Comptroller General) and employees the Comptroller General decides are necessary to carry out the duties and powers of the General Accounting Office. (b) The Comptroller General may establish for appropriate officers and employees a merit pay system consistent with section 5401 of title 5. (c) The annual rate of basic pay of the General Counsel of the General Accounting Office is equal to the rate for level IV of the Executive Schedule. (d) When a change in organization, management responsibility, or workload makes it necessary, the Comptroller General may fix the rate of basic pay of 5 positions at rates not more than the rate for level IV of the Executive Schedule. (e) The Comptroller General may procure the services of experts and consultants under section 3109 of title 5 at rates not in excess of the maximum daily rate for GS-18 under section 5332 of such title, except that the services of not more than - (1) 15 experts and consultants may be procured for not more than 3 years; and (2) 10 experts and consultants may be procured permanently, temporarily, or intermittently to carry out sections 717(b)-(d) and 719(b)(1)(A) of this title at rates that are not more than the rate for level V of the Executive Schedule. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 896; Pub. L. 98-326, Sec. 1(a), June 22, 1984, 98 Stat. 269; Pub. L. 98-615, title II, Sec. 204(b), Nov. 8, 1984, 98 Stat. 3216.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 731(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:52(a), (b). June 10, 1921, ch. 18, Sec. 311(a), (b), 42 Stat. 25; restated Feb. 15, 1980, Pub. L. 96- 191, Sec. 8(e)(3), 94 Stat. 33. 31:52-1(related to Feb. 15, 1980, Pub. appointment, pay, L. 96-191, Sec. and assignment). 2(related to appointment, pay, and assignment), 5(b), 94 Stat. 27, 32. 31:56. Mar. 4, 1909, ch. 297, Sec. 1(proviso on p. 866), 35 Stat 866; May 29, 1920, ch. 214, Sec. 1(last par. under heading 'Office of Comptroller of the Treasury'), 41 Stat. 647. 731(b) 31:52-4(b). 731(c) 31:51a. Aug. 14, 1964, Pub. L. 88-426, Sec. 203(c)(5th-14th words), 78 Stat. 415; Dec. 16, 1967, Pub. L. 90-206, Sec. 219(2), 81 Stat. 639; restated Aug. 9, 1975, Pub. L. 94-82, Sec. 204(b), 89 Stat. 421. 731(d) 31:52b. Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 400, Sec. 203(i); added Dec. 15, 1971, Pub. L. 92- 190, 85 Stat. 646. 731(e) 31:52c. Jan. 2, 1975, Pub. L. 93-604, Sec. 401, 88 Stat. 1962. 31:1154(d)(last Oct. 26, 1970, Pub. sentence). L. 91-510, Sec. 204(d)(last sentence), 84 Stat. 1168; restated July 12, 1974, Pub. L. 93-344, Sec. 702(a), 88 Stat. 326. ------------------------------- In subsection (a), the text of 31:52(a) and (b) and 31:56 is omitted as superseded by the other source provisions restated in this subchapter and subchapter IV of this chapter. The word 'remove' is added for consistency with other provisions of the subchapter. The words 'officers (except the Deputy Comptroller General) and employees' are substituted for 'personnel' in 31:52-1, and the word 'powers' is substituted for 'functions', for consistency in the revised title and with other titles of the United States Code. Subsection (b) is substituted for 31:52-4(b) to eliminate unnecessary words. The words 'officers and' are added for consistency in the revised title and with other titles of the Code. In subsections (c) and (d), the words 'basic pay' are substituted for 'compensation' for consistency in the revised title and with other titles of the Code. In subsection (c), the words 'United States' and 'positions at' are omitted as surplus. In subsection (d), the words 'in the General Accounting Office', 'prescribed . . . under section 5315 of title 5', and 'of the Office' are omitted as surplus. In subsection (e), before clause (1), the words 'procure the services of' are substituted for 'employ' for consistency with 5:3109. The words 'at rates not in excess of the maximum daily rate prescribed for GS-18 under section 5332 of title 5 for persons in the Government service employed intermittently' are omitted as unnecessary because of 5:3109. In clause (1), the word 'periods' is omitted as surplus. Clause (2) is substituted for 31:1154(d)(last sentence) to eliminate unnecessary words. The words 'and consultants' are added because of 5:3109. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-615 substituted 'section 5401 of title 5' for 'section 5401(a) of title 5'. Subsec. (e). Pub. L. 98-236 substituted 'title 5 at rates not in excess of the maximum daily rate for GS-18 under section 5332 of such title' for 'title 5' in provisions preceding par. (1) and '15' for '10' in par. (1). EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-615 effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications, see section 205 of Pub. L. 98-615, set out as a note under section 5401 of Title 5, Government Organization and Employees. Section 2 of Pub. L. 98-326 provided that: 'The amendments made by this Act (amending this section and sections 732 and 733 of this title) shall take effect beginning on October 1, 1984.' REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 719, 733, 735 of this title; title 2 section 356. ------DocID 39206 Document 106 of 536------ -CITE- 31 USC Sec. 732 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 732. Personnel management system -STATUTE- (a) The Comptroller General shall maintain a personnel management system. The Comptroller General may prescribe a regulation about the system only after notice and opportunity for public comment. A reprisal or threat of reprisal may not be made against an officer or employee of the General Accounting Office because of comments on a proposed regulation about the system. (b) The personnel management system shall - (1) include the principles of section 2301(b) of title 5; (2) prohibit personnel practices prohibited under section 2302(b) of title 5; (3) prohibit political activities prohibited under subchapter III of chapter 73 of title 5; (4) ensure that officers and employees of the Office are appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service; (5) give a preference to an individual eligible for a preference in the executive branch of the United States Government in a way and to an extent consistent with a preference given an individual in the executive branch; and (6) provide that the Comptroller General shall fix the basic pay of officers and employees of the Office not fixed by law, consistent with section 5301 of title 5. (c) Under the personnel management system - (1) the Comptroller General shall publish a schedule of basic pay rates for officers and employees of the Office; (2) except as provided in clause (4) of this subsection and section 733(a)(3)(A) of this title, the highest basic pay rate under the pay schedule may not be more than the highest basic rate for GS-15; (3) except as provided under section 733(a)(3)(B) of this title or section 5349(a) of title 5, basic pay rates of officers and employees of the Office shall be adjusted at the same time and to the same extent as basic pay rates of the General Schedule are adjusted; (4) the pay schedule for officers and employees of the Office may provide that the basic pay rates for not more than 129 positions may be at rates not more than the rate of basic pay payable for grade GS-18 of the General Schedule, less the number of positions in the General Accounting Office Senior Executive Service under section 733 of this title (except positions included in the Service under section 733(c) of this title); and (5) officers and employees of the Office are entitled to grade and basic pay retention consistent with subchapter VI of chapter 53 of title 5. (d) The personnel management system shall provide - (1) for a system to appraise the performance of officers and employees of the General Accounting Office that meets the requirements of section 4302 of title 5; (2) that the Comptroller General has the same responsibility for performance appraisals under this subsection as the Director of the Office of Personnel Management has under section 4302 of title 5; (3) for a reduction in grade or removal of an officer or employee because of unacceptable performance consistent with section 4303 of title 5; (4) for other personnel actions consistent with chapter 75 of title 5; and (5) a procedure for processing complaints and grievances not otherwise provided for under clauses (3) and (4) of this subsection or subsection (e) or (f)(1) of this section. (e) The personnel management system shall provide - (1) a procedure that ensures that each officer and employee of the General Accounting Office may form, join, or assist, or not form, join, or assist, an employee organization freely and without fear of penalty or reprisal; and (2) for a labor-management relations program consistent with chapter 71 of title 5. (f)(1) The personnel management system shall - (A) provide that all personnel actions affecting an officer, employee, or applicant for employment be taken without regard to race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition; and (B) include a minority recruitment program consistent with section 7201 of title 5. (2) This subchapter and subchapter IV of this chapter do not affect a right or remedy of an officer, employee, or applicant for employment under a law prohibiting discrimination in employment in the Government on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition. However, for officers, employees, or applicants in the General Accounting Office - (A) the General Accounting Office Personnel Appeals Board has the same authority over oversight and appeals matters as an executive agency has over oversight and appeals matters; and (B) the Comptroller General has the same authority over matters (except oversight and appeals) as an executive agency has over matters (except oversight and appeals). (3) This section does not affect a lawful effort to achieve equal employment opportunity through affirmative action. (g) An officer or employee of the General Accounting Office completing at least one year of continuous service under a nontemporary appointment under the personnel management system acquires a competitive status for appointment to a position in the competitive service for which the officer or employee is qualified. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 897; Pub. L. 98-326, Sec. 1(b), June 22, 1984, 98 Stat. 269; Pub. L. 100-426, title III, Sec. 302, 303, Sept. 9, 1988, 102 Stat. 1602; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(2)(B)), Nov. 5, 1990, 104 Stat. 1427, 1439.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 732(a) 31:52-2(a). Feb. 15, 1980, Pub. L. 96-191, Sec. 3, 6, 94 Stat. 27, 32. 31:52-5(b). 732(b) 31:52-2(b)(1), (c)(1st sentence). 732(c) 31:52-2(c)(last sentence). 732(d) 31:52-2(d), (f), (h). 732(e) 31:52-2(e). 732(f)(1), (2) 31:52-2(g). 732(f)(3) 31:52-2(b)(2). 732(g) 31:52-5(a). ------------------------------- In the section, the words 'officers and' are added for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words 'not later than October 1, 1980' and 31:52-5(b) are omitted as executed. The word 'maintain' is substituted for 'establish by regulation' to omit executed words. The words 'for the General Accounting Office (hereinafter referred to as the 'personnel system') which shall meet the requirements of subsections (b) through (h)', and 'or any amendment' are omitted as surplus. The words 'about the system' are substituted for 'thereto' for clarity. In subsection (b)(1), the words 'merit system' are omitted as surplus. In clause (5), the words 'of the United States Government' are added for consistency. In clause (6), the words 'the principles of' are omitted as surplus. In subsection (c)(2), the words 'payable . . . under the General Schedule' are omitted as surplus. In clause (4), the words 'not more than 100 positions' are substituted for 'up to one hundred employees' for consistency. The words 'payable . . . grade . . . of the General Schedule' are omitted as surplus. In clause (5), the words 'the principles of' are omitted as surplus. In subsection (d)(2), the words 'Director of' are added for consistency. The text of 31:52-2(d)(last sentence) is omitted as executed. In clause (4), the words 'the taking of' are omitted as surplus. In subsections (e)-(g), the word 'management' is added for consistency. In subsection (f)(1), the words 'in the General Accounting Office' are omitted as surplus. In subsection (f)(2), before clause (A), the word 'affect' is substituted for 'abolish or diminish' to eliminate unnecessary words. The words 'in the General Accounting Office by section 717 of the Civil Rights Act of 1964, by sections 12 and 15 of the Age Discrimination in Employment Act of 1967, by section 6(d) of the Fair Labor Standards Act of 1938, by sections 501 and 505 of the Rehabilitation Act of 1973, or . . . other' are omitted as surplus. In clauses (A) and (B), the words 'has the same authority . . . as . . . has' are substituted for 'authorities granted thereunder to . . . shall be exercised by' for clarity. The words 'the Equal Employment Opportunity Commission, Office of Personnel Management, the Merit Systems Protection Board, or . . . other' are omitted as surplus. In clause (A), the words 'established by section 52-3' are omitted as surplus. In subsection (f)(3), the word 'affect' is substituted for 'prohibits or restricts' for consistency. In subsection (g), the words 'Notwithstanding any other provision of law' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in subsec. (c)(3), (4), is set out under section 5332 of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1990 - Subsec. (b)(6). Pub. L. 101-509 substituted '5301' for '5301(a)'. 1988 - Subsec. (c)(3). Pub. L. 100-426, Sec. 303, substituted 'under section 733(a)(3)(B) of this title or section 5349(a) of title 5' for 'in section 733(a)(3)(B) of this title'. Subsec. (c)(4). Pub. L. 100-426, Sec. 302, substituted '129' for '119' and 'the rate of basic pay payable for grade GS-18 of the General Schedule' for 'the highest rate for GS-18'. 1984 - Subsec. (c)(4). Pub. L. 98-326 substituted '119' for '100'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-326 effective Oct. 1, 1984, see section 2 of Pub. L. 98-326, set out as a note under section 731 of this title. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 733, 751, 752, 753, 755 of this title. ------DocID 39207 Document 107 of 536------ -CITE- 31 USC Sec. 733 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 733. Senior Executive Service -STATUTE- (a) The Comptroller General may establish a General Accounting Office Senior Executive Service - (1) meeting the requirements of section 3131 of title 5; (2) providing requirements for positions consistent with section 3132(a)(2) of title 5; (3) providing rates of basic pay - (A) not more than the maximum rate or less than the minimum rate for the Senior Executive Service under section 5382 of title 5; and (B) adjusted at the same time and to the same extent as rates in the Senior Executive Service under section 5382 of title 5 are adjusted; (4) providing a performance appraisal system consistent with subchapter II of chapter 43 of title 5; (5) allowing the Comptroller General to award ranks to officers and employees in the Office Senior Executive Service consistent with section 4507 of title 5; (6) providing for removal consistent with section 3592 of title 5, and for removal or suspension consistent with section 7543 of title 5; and (7) allowing the Comptroller General to pay performance awards to officers and employees of the Office Senior Executive Service consistent with section 5384 of title 5. (b) Except as provided in subsection (a), the Comptroller General may apply any part of title 5 that applies to an applicant for or officer or employee in the Senior Executive Service under title 5 to the Office Senior Executive Service. (c) The Office Senior Executive Service may include positions referred to in section 731(c), (d), (e)(1), or (e)(2) of this title. (d) Section 732(b)(6), (c), (d)(1)-(4), and (e) of this title does not apply to the Office Senior Executive Service. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-326, Sec. 1(c), June 22, 1984, 98 Stat. 269.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 733(a) 31:52-4(a)(1). Feb. 15, 1980, Pub. L. 96-191, Sec. 5(a), 94 Stat. 31. 733(b) 31:52-4(a)(2). 733(c) 31:52-4(a)(4). 733(d) 31:52-4(a)(3). ------------------------------- In subsection (a), before clause (1), the words 'promulgate regulations' are omitted as surplus. The words '(hereinafter referred to as the GAO Senior Executive Service)' are omitted because of the restatement. In clause (1), the words 'for the Senior Executive Service' are omitted as surplus. In clause (2), the words 'in the GAO Senior Executive Service . . . which are' are omitted as surplus. In clause (3), before subclause (A), the words 'for the GAO Senior Executive Service' are omitted as surplus. In subclause (A), the word 'established' is omitted as surplus. In clause (4), the words 'for the GAO Senior Executive Service' are omitted as surplus. In clauses (5) and (7), the words 'officers and employees' are substituted for 'members' for consistency in the revised title and with other titles of the United States Code. In clause (5), the words 'the provisions applicable to the Office of Personnel Management and the President under' are omitted as surplus. In clause (7), the words 'the provisions applicable to performance awards under' are omitted as surplus. In subsection (b), the words 'officer or employee' are substituted for 'member' for consistency in the revised title and with other titles of the Code. In subsection (d), the words 'Employees in . . . the personnel system established under' are omitted as surplus. AMENDMENTS 1984 - Subsec. (c). Pub. L. 98-326 inserted '(e)(1),' after '(d),'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-326 effective Oct. 1, 1984, see section 2 of Pub. L. 98-326, set out as a note under section 731 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 732, 735 of this title. ------DocID 39208 Document 108 of 536------ -CITE- 31 USC Sec. 734 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 734. Assignments and details to Congress -STATUTE- The Comptroller General may assign or detail an officer or employee of the General Accounting Office to full-time continuous duty with a committee of Congress for not more than one year. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-367, title I, Sec. 8, July 17, 1984, 98 Stat. 475.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 734(a) 31:1175(a). Oct. 26, 1970, Pub. L. 91-510, Sec. 235(a), 84 Stat. 1171. 734(b) 31:1175(c). Oct. 26, 1970, Pub. L. 91-510, 84 Stat. 1140, Sec. 235(c); added Oct. 11, 1971, Pub. L. 92- 136, Sec. 8, 85 Stat. 378. ------------------------------- In the section, the words 'officer or' are added for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words 'Notwithstanding any other provision of law' are omitted as surplus. The word 'continuous' is substituted for 'on a continuing basis' to eliminate unnecessary words. The words 'committee of Congress' are substituted for 'committee of the Senate or House of Representatives or with any joint committee of Congress' for consistency and to eliminate unnecessary words. The words 'any period of' are omitted as surplus. In subsection (b), the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. The word 'pay' is substituted for 'salary' for consistency in the revised title and with other titles of the Code. AMENDMENTS 1984 - Pub. L. 98-367 struck out designation of provisions as '(a)' and struck out subsec. (b) which read as follows: 'A committee of the Senate or a joint committee of Congress for which the Secretary of the Senate disburses amounts shall reimburse the Comptroller General for the pay of each officer or employee of the Office for the time the officer or employee is assigned or detailed to the committee or joint committee.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 719 of this title. ------DocID 39209 Document 109 of 536------ -CITE- 31 USC Sec. 735 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 735. Relationship to other laws -STATUTE- (a) Except as provided in section 733(c) of this title, this subchapter and subchapter IV of this chapter do not affect sections 702(b), 703, 731(c)-(e), 772, 775(a) and (d) of this title. (b) Except as specifically provided in this subchapter and subchapter IV of this chapter, those subchapters do not change the application of a law applicable to officers and employees of the General Accounting Office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 735(a) 31:52-6(a). Feb. 15, 1980, Pub. L. 96-191, Sec. 7, 94 Stat. 33. 735(b) 31:52-6(b). ------------------------------- In subsection (a), the words 'repealing, amending, or otherwise' are omitted as surplus. In subsection (b), the words 'repeal . . . or limit' are omitted as surplus. The words 'officers and' are added for consistency in the revised title and with other titles of the United States Code. ------DocID 39210 Document 110 of 536------ -CITE- 31 USC Sec. 736 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 736. Authorization of appropriations -STATUTE- Amounts necessary to carry out this subchapter and subchapter IV of this chapter may be appropriated to the Comptroller General. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 900.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 736 31:52-7. Feb. 15, 1980, Pub. L. 96-191, Sec. 9, 94 Stat. 34. ------------------------------- The word 'hereby' is omitted as surplus. The words 'to the Comptroller General' are added for consistency. The words 'beginning fiscal year 1981 and for each fiscal year thereafter' are omitted as executed. ------DocID 39211 Document 111 of 536------ -CITE- 31 USC SUBCHAPTER IV -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - PERSONNEL APPEALS BOARD -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 732, 735 of this title. ------DocID 39212 Document 112 of 536------ -CITE- 31 USC Sec. 751 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 751. Organization -STATUTE- (a) The General Accounting Office has a General Accounting Office Personnel Appeals Board. The Board is composed of 5 members appointed by the Comptroller General. An individual may be appointed only if the individual - (1) is not a current or former officer or employee of the Office; (2) has the demonstrated ability, background, training, and experience necessary to be qualified specially to serve on the Board; and (3) demonstrates a capacity and willingness to devote sufficient time to dispose of cases in a timely way. (b) The Comptroller General shall appoint members only - (1) after considering any candidates who are recommended to the Comptroller General (at such time and in such manner as the Comptroller General requires) by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters; and (2) after the Comptroller General consults with organizations representing employees of the Office and with any member of each committee of Congress, having legislative jurisdiction over the personnel management system maintained under section 732 of this title, whom the chairman of the committee designates. (c)(1) Except as provided in paragraph (2), the term of a member of the Board is 5 years. A member may not be reappointed. An individual appointed to fill a vacancy occurring before the expiration of a term of office is appointed for the remainder of the term. However, if the unexpired part of a term is less than one year, the Comptroller General may appoint an individual for a 5-year term plus the unexpired part of the term. When the term of a member ends, the member may continue to serve until a successor takes office or for 6 months after the term expires, whichever is earlier. (2)(A) The term of a member serving on the date of the enactment of the General Accounting Office Personnel Amendments Act of 1988 shall be as follows: (i) Of the 2 members appointed in 1985, the term of 1 such member shall be 5 years, and the term of the other such member shall be 6 years. (ii) Of the 2 members appointed in 1986, the term of 1 such member shall be 6 years, and the term of the other such member shall be 7 years. (iii) The term of the member appointed in 1987 shall be 7 years. (B) Within 60 days after the date referred to in subparagraph (A), the Comptroller General shall determine - (i) with respect to the members under subparagraph (A)(i), which will have a term of 5 years and which will have a term of 6 years; and (ii) with respect to the members under subparagraph (A)(ii), which will have a term of 6 years and which will have a term of 7 years. (C) A term established for a member under this paragraph shall be measured - (i) from the date on which the member was originally appointed; or (ii) in the case of a member serving for the unexpired portion of a term, from the appointment date of the individual who was originally appointed to serve for such term. (d) A member may be removed by a majority of the Board (except the member subject to removal) only for inefficiency, neglect of duty, or malfeasance in office. A member subject to removal shall be given notice and an opportunity for a hearing before the Board unless the member waives the opportunity in writing. (e) While carrying out a member's duties (including travel), a member who is not an officer or employee of the United States Government is entitled to basic pay at a rate equal to the daily rate of basic pay payable for grade GS-18 of the General Schedule. Each member is entitled to travel expenses and per diem allowances under section 5703 of title 5. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 900; Pub. L. 100-426, title I, Sec. 101, 102(b), Sept. 9, 1988, 102 Stat. 1598, 1599.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 751(a) 31:52-3(a)(1), (3). Feb. 15, 1980, Pub. L. 96-191, Sec. 4(a)-(d), 94 Stat. 29. 751(b) 31:52-3(a)(2), (4). 751(c) 31:52-3(b). 751(d) 31:52-3(c). 751(e) 31:52-3(d). ------------------------------- In subsection (a), before clause (1), the words 'The General Accounting Office has a General Accounting Office Personnel Appeals Board' are substituted for 31:52-3(a)(1)(1st sentence less words between parentheses) for consistency. The text of 31:52-3(a)(1)(1st sentence words between parentheses) is omitted because of the restatement. The words 'in accordance with this subsection' and 'as a member of the Board' are omitted as surplus. In clause (1), the words 'a total of' are omitted as surplus. In clause (4), the words 'to service as a member of the Board in order to enable the Board . . . under this section' are omitted as surplus. In subsection (b), before clause (1), the words 'under paragraph (1)' are omitted as surplus. The word 'only' is added for clarity. In clause (1), the words 'in a way' are substituted for 'in the form . . . and according to the procedures' to eliminate unnecessary words. The words 'eligible to make such a submission under paragraph (4)', 'shall be eligible to submit a list of candidates to the Comptroller General under paragraph (2)(A)', and 'the membership of' are omitted as surplus. In clause (2), the word 'management' is added for consistency. The words 'under section 772 of this title' are added for clarity. The words 'to consult with the Comptroller General' are omitted as surplus. In subsection (c), the words 'Except as provided in paragraph (2)' are omitted because of the restatement. The text of 31:52-3(b)(2) is omitted as executed. The words 'of the Board' and 31:52-3(b)(4)(1st sentence) are omitted as surplus. The words 'occurring before the expiration of a term of office' are substituted for 'with respect to which such vacancy has occurred' for clarity. The words 'or for 6 months after the term expires, whichever is earlier' are substituted for 31:52-3(b)(5)(words after comma) to eliminate unnecessary words. In subsection (d), the words 'of the Board . . . from the Board', 'the members of', and 'proposed action of' are omitted as surplus. The words 'prior to any vote of the members of the Board under paragraph (1)(A)' are omitted as surplus. The words 'unless the member waives the opportunity in writing' are substituted for 31:52-3(c)(2)(last sentence) to eliminate unnecessary words. In subsection (e), the words 'While carrying out a member's duties' are substituted for 'for each day such member is engaged in the actual performance of duties as a member of the Board' to eliminate unnecessary words. The words 'an officer or employee of' are substituted for 'otherwise employed by' for consistency in the revised title and with other titles of the United States Code. The words 'payable . . . under the General Schedule under section 5332 of title 5, United States Code' and 31:52-3(d)(2d sentence) are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The date of the enactment of the General Accounting Office Personnel Amendments Act of 1988, referred to in subsec. (c)(2)(A), is the date of enactment of Pub. L. 100-426, which was approved Sept. 9, 1988. -MISC2- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-426, Sec. 101(a), struck out par. (1) which required that Board appointees have 3 years full-time or part-time experience in adjudicating or arbitrating personnel matters, and redesignated pars. (2), (3), and (4) as (1), (2), and (3), respectively. Subsec. (b)(1). Pub. L. 100-426, Sec. 101(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'from a written list of candidates, submitted to the Comptroller General in a way and at the time the Comptroller General requires, by any organization the Comptroller General believes is composed primarily of individuals experienced in adjudicating or arbitrating personnel matters; and'. Subsec. (c)(1). Pub. L. 100-426, Sec. 101(c)(1), (2), designated existing provisions as par. (1), substituted 'Except as provided in paragraph (2), the' for 'The', and substituted '5' for '3' in two places. Subsec. (c)(2). Pub. L. 100-426, Sec. 101(c)(3), added par. (2). Subsec. (e). Pub. L. 100-426, Sec. 102(b), substituted 'basic pay at a rate equal to the daily rate of basic pay payable for grade GS-18 of the General Schedule' for 'pay at a rate equal to the daily rate for GS-18'. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 39213 Document 113 of 536------ -CITE- 31 USC Sec. 752 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 752. Chairman and General Counsel -STATUTE- (a) The General Accounting Office Personnel Appeals Board shall select one of its members as Chairman. The Chairman is the chief executive and administrative officer of the Board. (b)(1) The Comptroller General shall appoint as General Counsel of the Board an individual the Chairman selects. The General Counsel serves at the pleasure of the Chairman. (2) The Chairman shall fix the pay of the General Counsel. The rate of basic pay of the General Counsel may be not more than the maximum rate of basic pay payable for grade GS-16 of the General Schedule. (3) The General Counsel shall - (A) investigate an allegation about a prohibited personnel practice under section 732(b)(2) of this title to decide if there are reasonable grounds to believe the practice has occurred, exists, or will be taken by an officer or an employee of the General Accounting Office; (B) investigate an allegation about a prohibited political activity under section 732(b)(3) of this title; (C) investigate a matter under the jurisdiction of the Board if the Board or a member of the Board requests; and (D) help the Board carry out its duties and powers. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 901; Pub. L. 100-426, title I, Sec. 102(a), Sept. 9, 1988, 102 Stat. 1599.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 752(a) 31:52-3(e). Feb. 15, 1980, Pub. L. 96-191, Sec. 4(e)-(g), 94 Stat. 30. 752(b) 31:52-3(f), (g). ------------------------------- In subsection (a), the words 'members of the' are omitted as surplus. In subsection (b)(1), the words '(hereinafter referred to as the 'General Counsel')' are omitted because of the restatement. The words 'shall be eligible for reappointment and' are omitted as surplus. In subsection (b)(2), the word 'annual' is added for clarity. The word 'basic' is added for consistency in the revised title and with other titles of the United States Code. The words 'payable . . . of the General Schedule' are omitted as surplus. In subsection (b)(3)(A), the words 'to the extent necessary' are omitted as surplus. The words 'officer or' are added for consistency in the revised title and with other titles of the Code. In subsection (b)(3)(D), the word 'otherwise' is omitted as surplus. The words 'duties and powers' are substituted for 'functions' for consistency. AMENDMENTS 1988 - Subsec. (b)(2). Pub. L. 100-426 substituted 'The rate of basic pay of the General Counsel may be not more than the maximum rate of basic pay payable for grade GS-16 of the General Schedule' for 'The annual rate of basic pay of the General Counsel may be not more than the maximum rate for GS-15'. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 39214 Document 114 of 536------ -CITE- 31 USC Sec. 753 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 753. Duties and powers -STATUTE- (a) The General Accounting Office Personnel Appeals Board may consider and order corrective or disciplinary action in a case arising from - (1) an officer or employee appeal about a removal, suspension for more than 14 days, reduction in grade or pay, or furlough of not more than 30 days; (2) a prohibited personnel practice under section 732(b)(2) of this title; (3) a prohibited political activity under section 732(b)(3) of this title; (4) a decision of an appropriate unit of employees for collective bargaining; (5) an election or certification of a collective bargaining representative; (6) a matter appealable to the Board under the labor-management relations program under section 732(e)(2) of this title, including a labor practice prohibited under section 732(e)(1) of this title; (7) an action involving discrimination prohibited under section 732(f)(1) of this title; and (8) an issue about Office personnel the Comptroller General by regulation decides the Board shall resolve. (b) The Board may delegate to a member or a panel of members the authority to act under subsection (a) of this section. A decision of a member or panel under subsection (a) is deemed to be a final decision of the Board unless the Board reconsiders the decision under subsection (c) of this section. (c) On motion of a party or on its own initiative, the Board may reconsider a decision under subsection (a) of this section by the 30th day after the decision is made. (d) The Board shall prescribe regulations - (1) providing for officer and employee appeals consistent with sections 7701 and 7702 of title 5; and (2) on the operating procedure of the Board. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 901.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 753(a) 31:52-3(h). Feb. 15, 1980, Pub. L. 96-191, Sec. 4(h), (j), (k), (m), 94 Stat. 30, 31. 753(b) 31:52-3(j). 753(c) 31:52-3(k). 753(d) 31:52-3(m). ------------------------------- In the section, the words 'officer or' are added for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the words 'decide' and '(where appropriate)' are omitted as surplus. In clause (6), the words 'relations program' are substituted for 'system' for consistency. In clause (8), the words 'most appropriately' are omitted as surplus. In subsection (b), the words 'delegate . . . to act' are substituted for 'designate . . . to take any action which the Board is authorized to take' for consistency and to eliminate unnecessary words. The words 'individual' and 'reopened and' are omitted as surplus. In subsection (c), the words 'reopen and' are omitted as surplus. In subsection (d)(1), the words 'the principles of' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 754, 755 of this title. ------DocID 39215 Document 115 of 536------ -CITE- 31 USC Sec. 754 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 754. Action by the Comptroller General -STATUTE- When the Comptroller General has authority, the Comptroller General promptly shall carry out action the General Accounting Office Personnel Appeals Board orders under section 753 of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 754 31:52-3(i). Feb. 15, 1980, Pub. L. 96-191, Sec. 4(i), 94 Stat. 31. ------------------------------- The words 'to do so' and 'corrective' are omitted as surplus. The words 'under section 753 of this title' are added for clarity. ------DocID 39216 Document 116 of 536------ -CITE- 31 USC Sec. 755 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 755. Judicial review -STATUTE- (a) A final decision under section 753(a)(1)-(3), (6), or (7) of this title may be reviewed by the United States Court of Appeals for the Federal Circuit. Chapter 158 of title 28 applies to a review under this subchapter, except the petition for review shall be filed by the 30th day after the petitioner receives notice of the decision. The court shall set aside a final decision the court decides is - (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; (2) not made consistent with required procedures; or (3) unsupported by substantial evidence. (b) If an officer, employee, or applicant for employment is the prevailing party in a proceeding under this section, and the decision is based on a finding of discrimination prohibited under section 732(f) of this title, attorney's fees may be allowed by the court in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 98-216, Sec. 1(1), Feb. 14, 1984, 98 Stat. 3; Pub. L. 100-426, title I, Sec. 103(a), (b), Sept. 9, 1988, 102 Stat. 1599.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 755 31:52-3(l). Feb. 15, 1980, Pub. L. 96-191, Sec. 4(l), 94 Stat. 31. ------------------------------- In the section, before clause (1), the first sentence is substituted for 31:52-3(l)(1)(1st sentence) for consistency with other titles of the United States Code. The word 'review' is substituted for 'appeal' for consistency. The words 'the procedures of', 'any other provision of law', 'of a final decision of the Board . . . the date . . . of the Board', and 'In any case filed under paragraph (1) . . . review the record and' are omitted as surplus. The words 'final decision' are substituted for 'agency action, findings, or conclusions' for consistency. Clause (2) is substituted for 31:52-3(l)(2)(B) to eliminate unnecessary words. 1984 ACT This clarifies section 755 by conforming it more closely to the language of the source provision of the section. -REFTEXT- REFERENCES IN TEXT Section 706(k) of the Civil Rights Act of 1964, referred to in subsec. (b), is section 706(k) of Pub. L. 88-352 which is classified to section 2000e-5(k) of Title 42, The Public Health and Welfare. -MISC2- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-426, Sec. 103(a), (b)(1), designated existing provisions as subsec. (a) and substituted 'Federal Circuit' for 'District of Columbia Circuit or by the court of appeals of the United States for the circuit in which the petitioner resides'. Subsec. (b). Pub. L. 100-426, Sec. 103(b)(2), added subsec. (b). 1984 - Pub. L. 98-216 substituted 'A final decision under section 753(a)(1)-(3), (6), or (7) of this title may be reviewed by the United States Court of Appeals for the District of Columbia Circuit or by the court of appeals of the United States for the circuit in which the petitioner resides' for 'A person may apply for review of a final decision under section 753(a)(1)-(3), (6), or (7) of this title by filing a petition for review with the United States Court of Appeals for the District of Columbia Circuit or with the court of appeals of the United States for the circuit in which the person resides' in provisions preceding par. (1). EFFECTIVE DATE OF 1988 AMENDMENT Section 103(c) of Pub. L. 100-426 provided that: 'Nothing in any of the amendments made by this section (amending this section) shall apply with respect to an appeal pending on the date of the enactment of this Act (Sept. 9, 1988).' ------DocID 39217 Document 117 of 536------ -CITE- 31 USC SUBCHAPTER V -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- SUBCHAPTER V - ANNUITIES ------DocID 39218 Document 118 of 536------ -CITE- 31 USC Sec. 771 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 771. Definitions -STATUTE- In this subchapter - (1) 'dependent child' means an unmarried dependent child (including a stepchild or adopted child) who is - (A) under 18 years of age; (B) incapable of self-support because of physical or mental disability; or (C) between 18 and 22 years of age and is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purposes of this subchapter, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while such child is regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim period between school years if the interim period is not more than 5 months and if such child shows to the satisfaction of the General Counsel of the General Accounting Office that such child has a bona fide intention of continuing in the same or a different school during the school semester (or other period into which the school year is divided) immediately after the interim period. (2) 'surviving spouse' means a surviving spouse of an individual who was a Comptroller General or retired Comptroller General and the spouse - (A) was married to the individual for at least 1 year immediately before the individual died; or (B) has not remarried before age 55 and is the parent of issue by the marriage. (3) service as a Comptroller General equals the number of years and complete months an individual is Comptroller General. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100-426, title II, Sec. 202, Sept. 9, 1988, 102 Stat. 1600.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 771(1), (2) 31:43b(g). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(g), (p); added July 13, 1959, Pub. L. 86- 87, 73 Stat. 198, 200. 771(3) 31:43b(p). ------------------------------- In this subchapter, the words 'surviving spouse', 'spouse', 'surviving spouse's', and 'parent' are substituted for 'widow', 'wife', 'surviving widow's', and 'mother', respectively, because of 5:7202(c). In clause (3), the words 'or retired Comptroller General' are omitted as executed because a retired Comptroller General could elect survivor benefits and include retirement service only if the Comptroller General had retired by July 13, 1959. The word 'total' is omitted as surplus. The words 'complete months' are substituted for 'twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any' to eliminate unnecessary words. The words 'an individual is Comptroller General' are added for clarity. AMENDMENTS 1988 - Par. (1)(C). Pub. L. 100-426, Sec. 202(a), added subpar. (C). Par. (2)(A). Pub. L. 100-426, Sec. 202(b)(1), substituted '1 year' for '2 years'. Par. (2)(B). Pub. L. 100-426, Sec. 202(b)(2), inserted 'before age 55' after 'remarried'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100-426, set out as a note under section 772 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 775, 776 of this title. ------DocID 39219 Document 119 of 536------ -CITE- 31 USC Sec. 772 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 772. Annuity of the Comptroller General -STATUTE- (a) Except as provided in subsection (c) of this section, a Comptroller General serving a complete term as Comptroller General or who retires under section 703(e)(1) of this title is entitled to receive an annuity for life equal to the pay the Comptroller General is receiving on completion of the term or at the time of retirement. An annuity of a Comptroller General who completes a term before becoming 65 years of age is reduced by .25 percent for each complete month the Comptroller General is under 65 years of age. (b) Except as provided in subsection (c) of this section, a Comptroller General becoming permanently disabled shall be retired and is entitled to receive an annuity for life equal to - (1) the pay of the Comptroller General at the time of retirement if the Comptroller General served at least 10 years; or (2) 50 percent of the pay if the Comptroller General served less than 10 years. (c) A Comptroller General who, when appointed, is or has been subject to subchapter III of chapter 83 or chapter 84 of title 5 remains subject to such subchapter III or such chapter 84 (as the case may be) unless the Comptroller General elects in writing to receive an annuity under this section. An election is irrevocable and must be made within 10 years and 60 days after the start of service as Comptroller General. A Comptroller General electing to receive an annuity under this section is entitled to a refund of the lump-sum credit to the account of the Comptroller General in the Civil Service Retirement and Disability Fund. (d) A Comptroller General (except a Comptroller General remaining subject to subchapter III of chapter 83 of title 5) shall - (1) deposit with the General Accounting Office for redeposit in the Treasury as miscellaneous receipts as a contribution to the annuity - (A) 3.5 percent of the pay received as Comptroller General before deductions are made under clause (2)(A) of this subsection plus 3 percent interest compounded every December 31 on the amount to be deposited, if electing survivor benefits under this subchapter; or (B) 8 percent of the pay received as Comptroller General before deductions are made under clause (2)(B) of this subsection plus 3 percent interest compounded every December 31 on the amount to be deposited, if not electing survivor benefits under this subchapter; and (2) have - (A) 3.5 percent of the pay received as Comptroller General deducted as a contribution to the annuity if electing survivor benefits under this subchapter; or (B) 8 percent of the pay received as Comptroller General deducted as a contribution to the annuity if not electing survivor benefits under this subchapter. (e) A Comptroller General receiving benefits under this section may not receive retirement or disability benefits under another law of the United States. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100-426, title II, Sec. 203, Sept. 9, 1988, 102 Stat. 1600.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 772(a) 31:43(2d par. 1st June 10, 1921, ch. sentence). 18, 42 Stat. 20, Sec. 303(2d par. 1st, 2d, last sentences); added July 28, 1953, ch. 256, 67 Stat. 229. 772(b) 31:43(2d par. 2d sentence). 772(c) 31:43(3d par. 1st, June 10, 1921, ch. 2d sentences, 3d 18, 42 Stat. 20, sentence words Sec. 303(3d par. before comma). 1st-3d sentences); added July 26, 1966, Pub. L. 89- 520, Sec. 1, 80 Stat. 329; Oct. 25, 1978, Pub. L. 95- 512, Sec. 4(b)(1), 92 Stat. 1800. 772(d) 31:43(2d par. 4th June 10, 1921, ch. sentence, 3d par. 18, 42 Stat. 20, last sentence). Sec. 303(2d par. 4th sentence, 3d par. last sentence); added Oct. 25, 1978, Pub. L. 95-512, Sec. 4(a), (b)(2), 92 Stat. 1800. 772(e) 31:43(2d par. last sentence, 3d par. 3d sentence words after comma). ------------------------------- In subsections (a) and (b), the words 'Except as provided in subsection (c) of this section' are added for clarity. The words 'is entitled to receive' are substituted for 'shall receive' as being more precise and for consistency with title 5. In subsection (a), the words 'under section 703(e)(1) of this title' are added for clarity. The words 'in his office' are omitted as surplus. The words 'before becoming 65 years of age' are added for clarity. The words 'at such completion' are omitted as surplus. In subsection (b), before clause (1), the words 'from performing his duties' are omitted as surplus. In subsections (c) and (d), the words 'Comptroller General' are substituted for 'person appointed to the Office of Comptroller General' and 'person who is appointed to the Office of Comptroller General' to eliminate unnecessary words. In subsection (c), the words 'Notwithstanding the preceding paragraph of this section' are omitted as surplus. The words 'after January 1, 1966' are omitted as executed. The words 'receive an annuity under this section' are substituted for 'and no deduction from his salary shall be made under the preceding paragraph . . . be subject to the provisions of the preceding paragraph of this section' for clarity and because of the restatement. In subsection (d), before clause (1), the words 'after October 25, 1978' are omitted as executed. The words '(except a Comptroller General remaining subject to subchapter III of chapter 83 of title 5)' are added for clarity. In clauses (1) and (2), the word 'pay' is substituted for 'salary' for consistency in the revised title and with other titles of the United States Code. The words 'a sum equal to' are omitted as surplus. In clause (1), before subclause (A), the words 'makes such an election under this paragraph' are omitted as surplus. The word 'redeposit' is substituted for 'covering' for clarity. The words 'the general fund of' and 'authorized under the preceding paragraph' are omitted as surplus. In subclauses (A) and (B), the words 'before deductions are made under clause (2)(A) of this subsection' and 'before deductions are made under clause (2)(B) of this subsection' are substituted for 'prior to the date current deductions begin from his salary' for clarity. The words 'per annum' are omitted as surplus. In clause (2), the words 'authorized by this paragraph' are omitted as surplus. In subsection (e), the words 'Comptroller General' are substituted for 'person' for clarity. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-426, Sec. 203(1), substituted 'retires under section 703(e)(1) of this title' for 'is retired for age under section 703(e)(1) of this title after serving at least 10 years'. Subsec. (c). Pub. L. 100-426, Sec. 203(2), substituted 'subchapter III of chapter 83 or chapter 84 of title 5 remains subject to such subchapter III or such chapter 84 (as the case may be)' for 'subchapter III of chapter 83 of title 5 remains subject to subchapter III'. EFFECTIVE DATE OF 1988 AMENDMENT Section 208 of title II of Pub. L. 100-426 provided that: 'The amendments made by this title (amending this section and sections 703, 771, 773, 774, 776, and 777 of this title) shall be effective after the end of the 60-day period beginning on the date of enactment of this Act (Sept. 9, 1988), except that an individual who, as of such date of enactment, is receiving an annuity under subchapter V of chapter 7 of title 31, United States Code, as a retired Comptroller General (and the spouse and any dependent children of such individual who may survive such individual) shall remain subject to the provisions of such subchapter, as in effect immediately before such date, if the retired Comptroller General makes an election under this section. An election under this section shall be ineffective unless it is made in writing and received by the General Counsel of the General Accounting Office before the end of the 60-day period referred to in the preceding sentence.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 735, 773, 774, 775, 777 of this title. ------DocID 39220 Document 120 of 536------ -CITE- 31 USC Sec. 773 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 773. Election of survivor benefits -STATUTE- (a) To provide survivor benefits, a Comptroller General may elect in writing to reduce the pay and annuity of the Comptroller General. An election shall be made within 6 months of taking office or, if an election is made under section 772(c) of this title, by the 60th day after making an election under section 772(c). (b) A Comptroller General electing to provide survivor benefits shall - (1) have 4.5 percent of the pay received as Comptroller General and 5 percent of the annuity of the Comptroller General deducted; and (2) deposit with the General Accounting Office for redeposit in the Treasury as miscellaneous receipts - (A) 4.5 percent of the pay and annuity received as Comptroller General before the deductions begin; (B) 4.5 percent of basic pay received as a member of Congress or for other civilian service on which a surviving spouse's annuity is computed under section 774(d) of this title; and (C) 4 percent interest before January 1, 1948, and 3 percent interest after December 31, 1947, compounded every December 31, on amounts deposited. (c) This subchapter does not prevent a surviving spouse or dependent child from receiving another annuity while receiving an annuity under section 774 of this title. However, service used in computing an annuity under section 774 may not be used in computing the other annuity. (d) The reduction in the Comptroller General's annuity under subsection (b)(1) for the purpose of providing survivor benefits shall be terminated for each full month after the death of the spouse. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 903; Pub. L. 100-426, title II, Sec. 204, Sept. 9, 1988, 102 Stat. 1600.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 773(a) 31:43b(a). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(a); added July 13, 1959, Pub. L. 86-87, 73 Stat. 197; July 26, 1966, Pub. L. 89-520, Sec. 2, 80 Stat. 329. 773(b) 31:43b(b), (c). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(b), (c); added July 13, 1959, Pub. L. 86- 87, 73 Stat. 197; Oct. 25, 1978, Pub. L. 95-512, Sec. 2(1), 92 Stat. 1799. 773(c) 31:43b(q). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(q); added July 13, 1959, Pub. L. 86-87, 73 Stat. 200. ------------------------------- In subsections (a) and (b), the word 'pay' is substituted for 'salary', and the word 'annuity' is substituted for 'retirement pay', for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words 'To provide' are substituted for 'for purposes of' for clarity. The words 'or in the case of the Comptroller General currently in office and any retired Comptroller General, within six months after July 13, 1959' are omitted as executed. The words 'as hereinafter provided' are omitted as surplus. In subsection (b), before clause (1), the words 'of the United States' are omitted as surplus. The words 'or retired Comptroller General' are omitted as executed. The word 'provide' is substituted for 'receive' for clarity and consistency. In clause (2), before subclause (A), the word 'redeposit' is substituted for 'covering' for clarity. The words 'the general fund of' and 'a sum equal to' are omitted as surplus. In subclause (A), the words 'the date current . . . from his salary and retirement pay' and 31:43b(c)(last sentence) are omitted as surplus. In subclause (B), the words 'salary . . . or compensation for service' are omitted as surplus. The words 'member of Congress' are substituted for 'Senator, Representative, Delegate, or Resident Commissioner in the Congress of the United States' for consistency and to eliminate unnecessary words. In subsection (c), the words 'be construed to' and 'eligible therefore' are omitted as surplus. The words 'receiving another annuity while' are substituted for 'simultaneously . . . and any annuity . . . to which she would otherwise be entitled under any other law' to eliminate unnecessary words. The words '(including old age and survivor benefits)' and 'without regard to this section' are omitted as surplus. AMENDMENTS 1988 - Subsec. (b)(1). Pub. L. 100-426, Sec. 204(1), inserted '5 percent of the' before 'annuity'. Subsec. (b)(2)(C). Pub. L. 100-426, Sec. 204(2), substituted '3 percent' for '4.5 percent'. Subsec. (d). Pub. L. 100-426, Sec. 204(3), added subsec. (d). EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100-426, set out as a note under section 772 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 774, 775, 776, 778 of this title. ------DocID 39221 Document 121 of 536------ -CITE- 31 USC Sec. 774 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 774. Survivor annuities -STATUTE- (a) In this section - (1) 'allowable military service' means honorable active service of not more than 5 years in an armed force (including service in the National Guard when ordered to active duty for the United States Government), when the service is not creditable in computing another annuity. (2) 'other prior allowable service' means civilian service as an officer or employee of the Government or District of Columbia government not covered by subsection (d)(1) of this section. (3) 'congressional employee' has the same meaning given that term in section 2107 of title 5. (b) A survivor annuity shall be paid under this subchapter when a Comptroller General - (1) makes an election under section 773 of this title; (2) dies in office or while receiving an annuity under section 772 of this title; (3) had at least 18 months of civilian service at death computed under subsections (a) and (d) of this section; and (4) had deductions or deposits under section 773 of this title made for the last 18 months of civilian service. (c) If the Comptroller General or retired Comptroller General is survived - (1) only by a spouse, the surviving spouse shall receive an annuity computed under subsection (d) of this section beginning on the death of the Comptroller General or retired Comptroller General or when the spouse is 50 years of age, whichever is later; (2) by a spouse and a dependent child, the surviving spouse shall receive an immediate annuity computed under subsection (d) of this section and each dependent child shall receive an immediate annuity equal to the smaller of - (A) 10 percent of the average annual pay computed under subsection (d)(1) of this section; or (B) 20 percent of the average annual pay computed under subsection (d)(1) of this section, divided by the number of dependent children; or (3) only by a dependent child, each dependent child shall receive an immediate annuity equal to the smaller of - (A) the annuity a surviving spouse would be entitled to receive under clause (2) of this subsection, divided by the number of dependent children; (B) 20 percent of the average annual pay computed under subsection (d)(1) of this section; or (C) 40 percent of the average annual pay computed under subsection (d)(1) of this section, divided by the number of dependent children. (d) The annuity of a surviving spouse is equal to - (1) 1.5 percent of the average annual pay (based on the 3 years of highest pay received as Comptroller General and other prior allowable service) times - (A) the number of years of - (i) service as Comptroller General or a member of Congress; and (ii) prior allowable military service; and (B) not more than 15 years of prior allowable service as a congressional employee; plus (2) .75 percent of the average pay computed under clause (1) of this subsection times the number of years of other allowable service. (e) A surviving spouse's annuity may not be more than 50 percent nor less than 25 percent of the average annual pay computed under subsection (d)(1) of this section. If a Comptroller General does not make the deposit under section 773(b) of this title, a surviving spouse's annuity shall be credited with the service during which a deposit was not made, unless the spouse elects not to have the service credited. However, the annuity shall be reduced by 10 percent of the amount of the unpaid deposit, computed on the date the Comptroller General or retired Comptroller General dies. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 904; Pub. L. 100-426, title II, Sec. 205, Sept. 9, 1988, 102 Stat. 1600.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 774(a) 31:43b(o). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(d), (o); added July 13, 1959, Pub. L. 86- 87, 73 Stat. 197, 200. 774(b), (c) 31:43b(e). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(e), (n); added July 13, 1959, Pub. L. 86- 87, 73 Stat. 197, 200; Oct. 25, 1978, Pub. L. 95-512, Sec. 2(2)-(4), 92 Stat. 1799. 774(d) 31:43b(n)(less words after last comma). 774(e) 31:43b(d). 31:43b(n)(words after last comma). ------------------------------- In subsection (a)(1), the words 'in an armed force' are substituted for 'in the Army, Navy, Air Force, Marine Corps, or Coast Guard' for consistency with title 10. The word 'only' is omitted as surplus. The word 'Government' is added for consistency. The word 'computing' is added for clarity. The word 'annuity' is substituted for 'retirement or retired pay' for consistency in the revised title and with other titles of the United States Code. The words 'under any other provision of law' are omitted as surplus. Subsection (a)(3) is substituted for 31:43b(o)(1st sentence) for consistency in the revised title and with other titles of the Code. In subsection (b), before clause (1), the words 'A survivor annuity shall be paid under this subchapter when' are added for clarity. The words 'or retired Comptroller General' are omitted as executed. In clause (1), the words 'made an election under section 733 of this title' are substituted for 'has elected to bring himself within the purview of this section' for clarity. In clause (2), the word 'annuity' is substituted for 'retirement pay' for consistency in the revised title and with other titles of the Code. In clause (4), the words 'salary' and 'actually' are omitted as surplus. In subsection (c)(1), the words 'only by a spouse' are substituted for 'by a widow but not by a dependent child' to eliminate unnecessary words. In subsection (c)(2), before subclause (A), the words 'or children' and 'in an amount' are omitted as surplus. In subsection (c)(3), before subclause (A), the words 'only by a dependent child' are substituted for 'no surviving widow but leaves a surviving dependent child or children' to eliminate unnecessary words. In subclause (A), the words 'the amount of' are omitted as surplus. The words 'a surviving spouse' are substituted for 'such widow . . . had she survived' to eliminate unnecessary words. In subsection (d), before clause (1), the words 'of a Comptroller General or retired Comptroller General who has elected to bring himself within the purview of this section' are omitted as surplus. In clauses (1) and (2), the word 'pay' is substituted for 'salary' for consistency in the revised title and with other titles of the Code. In clause (1), before subclause (A), the words 'by him for service . . . service in which his' are omitted as surplus. In subclause (A)(i), the words 'member of Congress' are substituted for 'Senator, Representative, Delegate, or Resident Commissioner in the Congress of the United States' for consistency and to eliminate unnecessary words. The words 'his years of service as' and 'of the United States' are omitted as surplus. In subsection (e), the words 'and shall be further reduced in accordance with subsection (d) of this section if applicable' are omitted because of the restatement. The words 'or a retired Comptroller General' are omitted as executed. The words 'during which a deposit was not made' are substituted for 'rendered' for clarity. The word 'unpaid' is added for clarity. AMENDMENTS 1988 - Subsec. (b)(3), (4). Pub. L. 100-426, Sec. 205(1), substituted '18 months' for '5 years'. Subsec. (c)(2), (3). Pub. L. 100-426, Sec. 205(2), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows: '(2) by a spouse and a dependent child, the surviving spouse shall receive an immediate annuity under subsection (d) of this section and each dependent child shall receive an immediate annuity equal to the smaller of - '(A) $1,548; or '(B) $4,644 divided by the number of dependent children; or '(3) only by a dependent child, each dependent child shall receive an immediate annuity equal to the smaller of - '(A) the annuity a surviving spouse would be entitled to receive under clause (2) of this subsection divided by the number of dependent children; '(B) $1,860; or '(C) $5,580 divided by the number of dependent children.' Subsec. (d)(1). Pub. L. 100-426, Sec. 205(3), substituted '1.5 percent' for '1.25 percent' in introductory provisions. Subsec. (e). Pub. L. 100-426, Sec. 205(4), substituted 'more than 50 percent nor less than 25 percent' for 'more than 40 percent'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100-426, set out as a note under section 772 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 773, 775, 776, 777, 778 of this title. ------DocID 39222 Document 122 of 536------ -CITE- 31 USC Sec. 775 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 775. Refunds -STATUTE- (a) A Comptroller General separated from office before becoming entitled to receive an annuity under section 772 of this title is entitled to a lump-sum refund of the amount deducted from pay or deposited as a contribution under section 772, plus 3 percent interest on the amount compounded every December 31. (b) A Comptroller General making an election under section 773 of this title who is separated from office before becoming entitled to an annuity under section 772 of this title is entitled to a lump-sum refund of the amount deducted under section 773 of this title, plus 4 percent interest before January 1, 1948, and 3 percent interest after December 31, 1947, compounded every December 31 until the separation date. (c) A lump-sum refund of the amounts deducted under sections 772 and 773 of this title, plus interest of 4 percent before January 1, 1948, and 3 percent after December 31, 1947, compounded every December 31 until the date of death, shall be paid under subsection (d) of this section if - (1) a Comptroller General dies in office before completing 5 years of civilian service under section 774 of this title or after completing 5 years of civilian service but without a survivor entitled to an annuity under section 774(b) and (c) of this title; or (2) if a retired Comptroller General dies without a survivor entitled to an annnuity under section 774(b) and (c) of this title. (d) If a Comptroller General or retired Comptroller General dies before a refund is made under this section, the refund shall be paid in the following order of precedence: (1) to a beneficiary the Comptroller General or retired Comptroller General designated in writing if the designation was received by the General Accounting Office before the death of the Comptroller General or retired Comptroller General. (2) to a surviving spouse. (3) to the children and to a descendant of a deceased child by representation. (4) to the parents equally or, if only one surviving parent, to that survivor. (5) to the executor or administrator of the estate of the Comptroller General or retired Comptroller General. (6) to the next of kin that the General Counsel of the General Accounting Office decides is entitled to the refund under the laws of the domicile of the Comptroller General or retired Comptroller General at the time of death. (e) The General Counsel is not subject to section 771(1) and (2) of this title when making a decision about a surviving spouse or child under subsection (c) or (d) of this section. (f) If the annuities of all individuals entitled to survivor annuities under this subchapter end before the amount of annuities paid equals the amount deducted under sections 772 and 773 of this title, plus interest of 4 percent before January 1, 1948, and 3 percent after December 31, 1947, compounded every December 31 until the date of death, the remainder shall be paid under subsection (d) of this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 905.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 775(a) 31:43(last par. 1st June 10, 1921, ch. sentence). 18, 42 Stat. 20, Sec. 303(last par.); added Oct. 25, 1978, Pub. L. 95-512, Sec. 4(c), 92 Stat. 1801. 775(b) 31:43b(i). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(i), (j)(less last 13 words before colon), (k); added July 13, 1959, Pub. L. 86-87, 73 Stat. 198. 775(c)-(e) 31:43(last par. last sentence). 31:43b(j)(less last 13 words before colon). 775(f) 31:43b(k). ------------------------------- In subsections (a) and (b), the word 'total' is omitted as surplus. In subsection (a), the word 'pay' is substituted for 'salary' for consistency in the revised title and with other titles of the United States Code. The words 'by him' and 'to his annuity' are omitted as surplus. In subsection (b), the words 'who has elected to bring himself within the purview of' are omitted as surplus. The word 'annuity' is substituted for 'retirement pay' for consistency in the revised title and with other titles of the Code. In subsection (c), before clause (1), the words 'A lump-sum refund of the amounts deducted under sections 772 and 773 of this title' are substituted for 'total amount deducted from his salary and retirement pay' for clarity. The words 'under subsection (d) of this section' are added because of the restatement. The words 'to the person or persons surviving at the date title to payment arises' are omitted as surplus. In subsection (d), the words before clause (1) are included for clarity. In clauses (2)-(4) and (6), the words 'of such Comptroller General or retired Comptroller General' are omitted as surplus. In clause (5), the words 'duly appointed' are omitted as surplus. In subsection (e), the words 'of a Comptroller General or retired Comptroller General' are omitted as surplus. The words 'is not subject to' are substituted for 'shall be made . . . without regard to the definitions of these terms in' to eliminate unnecessary words. In subsection (f), the word 'individuals' is substituted for 'persons' for consistency. The word 'aggregate' is omitted as surplus. The words 'under sections 772 and 773 of this title' are substituted for 'total . . . from the salary and retirement pay of a Comptroller General or retired Comptroller General' for clarity and consistency. The word 'under' is substituted for 'in the order of precedence prescribed in' to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 735, 776, 778 of this title. ------DocID 39223 Document 123 of 536------ -CITE- 31 USC Sec. 776 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 776. Payment of survivor benefits -STATUTE- (a) An annuity under section 774 of this title accrues monthly and is paid monthly on the first business day of the month after the month in which an annuity accrues. (b)(1) A surviving spouse's annuity ends when the spouse remarries before age 55 or dies. (2) A dependent child's annuity ends when the child becomes 18 years of age (unless the child is then a student as described in section 771(1)(C) of this title), marries, or dies, whichever is earliest. However, if a child is not self-supporting because of a physical or mental disability, an annuity ends when the child recovers, marries, or dies. (3) If a surviving spouse dies and a dependent child survives, the child's annuity is recomputed under section 774(c)(3) of this title. (4) When a dependent child's annuity ends, the annuity of another dependent child is recomputed as if the child whose annuity has ended did not survive a Comptroller General or retired Comptroller General. (c) An accrued annuity unpaid when the annuity of a survivor ends - (1) for a reason except death, shall be paid to the survivor; and (2) when a survivor dies, shall be paid in the following order of precedence: (A) to the executor or administrator of the estate of the individual. (B) if there is no executor or administrator, then after 30 days after the date of death, to an individual the General Counsel of the General Accounting Office decides is legally entitled to the payment. (d)(1) A payment under subsection (c)(2)(B) of this section or section 775(d) of this title is a bar to recovery by another individual. (2) A benefit under this section and sections 773-775 of this title is not assignable or subject to legal process. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 906; Pub. L. 100-426, title II, Sec. 206, Sept. 9, 1988, 102 Stat. 1601.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 776(a) 31:43b(m)(1st June 10, 1921, ch. sentence). 18, 42 Stat. 20, Sec. 319(f), (j)(last 13 words before colon), (l), (m); added July 13, 1959, Pub. L. 86- 87, 73 Stat. 198, 199. 776(b) 31:43b(f). 776(c) 31:43b(l)(words before last comma). 776(d)(1) 31:43b(j)(last 13 words before colon). 31:43b(l)(words after last comma). 776(d)(2) 31:43b(m)(last sentence). ------------------------------- In subsection (a), the words 'due and' and 'or other period' are omitted as surplus. In subsection (b)(2), the word 'dependent' is added for clarity. In subsections (b)(3) and (c), the words 'of a Comptroller General or retired Comptroller General' are omitted as surplus. In subsection (b)(3) and (4), the words 'and paid' are omitted as surplus. In subsection (c)(2)(A), the words 'duly appointed' are omitted as surplus. The word 'individual' is substituted for 'person' for consistency. In subsection (c)(2)(B), the words 'payment may be made' and 'the expiration of . . . from' are omitted as surplus. The words 'to the payment' are substituted for 'thereto' for clarity. In subsection (d)(2), the words 'A benefit' are substituted for 'None of the moneys mentioned' to eliminate unnecessary words. The words 'either in law or equity' and 'execution, levy, attachment, garnishment, or other' are omitted as surplus. AMENDMENTS 1988 - Subsec. (b)(1). Pub. L. 100-426, Sec. 206(1), inserted 'before age 55' after 'remarries'. Subsec. (b)(2). Pub. L. 100-426, Sec. 206(2), inserted '(unless the child is then a student as described in section 771(1)(C) of this title)' after 'age'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100-426, set out as a note under section 772 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 778 of this title. ------DocID 39224 Document 124 of 536------ -CITE- 31 USC Sec. 777 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 777. Annuity increases -STATUTE- (a) An annuity payable under this subchapter shall be increased at the same time that, and by the same percent as the percentage by which, annuities are increased under section 8340(b) of title 5. (b) An annuity under section 772 of this title may not be more than the basic pay of the Comptroller General. A surviving spouse's annuity may be increased under this section without regard to any limitation set forth in section 774(e) of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 906; Pub. L. 100-426, title II, Sec. 207, Sept. 9, 1988, 102 Stat. 1601.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 777(a) 31:43c(a)(words June 10, 1921, ch. before colon), (1). 18, 42 Stat. 20, Sec. 320; added Oct. 25, 1978, Pub. L. 95-512, Sec. 3, 92 Stat. 1799. 777(b) 31:43c(a)(2). 777(c) 31:43c(a)(3), (b). ------------------------------- In subsection (a), before clause (1), the text of 31:43c(a)(words before colon) is omitted as surplus. In subsection (b), the words 'in any year' and 'commencing' are omitted as surplus. In subsection (c)(1), the words 'per centum' and 'by the Comptroller General' are omitted as surplus. The words 'Civil Service Commission' (subsequently changed to 'Office of Personnel Management' because of section 101 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783)) are omitted because of the restatement of section 8340(b) of title 5 by section 1702(a) of the Omnibus Budget Reconciliation Act of 1981. In subsection (c)(2), the words 'by reason of the application of subsection (a) of this section' and 'annual' are omitted as surplus. The words 'basic pay' are substituted for 'compensation' for consistency with other titles of the United States Code. AMENDMENTS 1988 - Pub. L. 100-426 amended section generally. Prior to amendment, section read as follows: '(a) The Comptroller General shall compute - '(1) on January 1 of each year, or within a reasonable time after January 1, the percent change in the Consumer Price Index between June and December of the prior year; and '(2) on July 1 of each year, or within a reasonable time after July 1, the percent change in the Index between June of the same year and December of the prior year. '(b) If a percent change computed under subsection (a)(1) of this section indicates a rise in the Index, an annuity payable under this subchapter and beginning before March 2 shall increase on March 1 by the percent change computed under subsection (a)(1), adjusted to the nearest .1 percent. If a percent change computed under subsection (a)(2) of this section indicates a rise in the Index, an annuity payable under this subchapter and beginning before September 2 shall increase on September 1 by the percent change computed under subsection (a)(2), adjusted to the nearest .1 percent. '(c)(1) An increase under this section may not be more than an increase prescribed under section 8340(b) of title 5. '(2) An annuity under section 772 of this title may not be more than the basic pay of the Comptroller General.' EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100-426, set out as a note under section 772 of this title. ------DocID 39225 Document 125 of 536------ -CITE- 31 USC Sec. 778 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 778. Dependency and disability decisions -STATUTE- The General Counsel of the General Accounting Office shall decide a question of dependency, disability, or dependency and disability under sections 773-776 of this title. A decision under this section is final. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 778 31:43b(h). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(h); added July 13, 1959, Pub. L. 86-87, 73 Stat. 198. ------------------------------- The words 'arising' and 'and conclusive' are omitted as surplus. ------DocID 39226 Document 126 of 536------ -CITE- 31 USC Sec. 779 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER V -HEAD- Sec. 779. Use of appropriations -STATUTE- Annuities and refunds under this subchapter shall be paid by the Comptroller General from appropriations of the General Accounting Office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 779 31:43(2d par. 3d June 10, 1921, ch. sentence). 18, 42 Stat. 20, Sec. 303(2d par. 3d sentence); added July 28, 1953, ch. 256, 67 Stat. 229. 31:43b(r). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 319(r); added July 13, 1959, Pub. L. 86-87, 73 Stat. 200. ------------------------------- The words 'of deposits' in 31:43b(r) are omitted as surplus. ------DocID 39227 Document 127 of 536------ -CITE- 31 USC SUBCHAPTER VI -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - PROPERTY MANAGEMENT ------DocID 39228 Document 128 of 536------ -CITE- 31 USC Sec. 781 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER VI -HEAD- Sec. 781. Authority over the General Accounting Office Building -STATUTE- (a) The Comptroller General shall have exclusive custody and control over the building located at 441 G Street, N.W., in the District of Columbia, that is generally known as the General Accounting Office Building, including operation, maintenance, protection, alteration, repair, and assignment of space therein. Such custody and control shall also extend to any machinery, equipment, spare parts and tools located in and usable for the operation and maintenance of the General Accounting Office Building. For the purposes of securing approval of any prospectus detailing proposed alterations of the General Accounting Office Building, as required by section 7 of the Public Buildings Act of 1959, as amended (40 U.S.C. 606), the Comptroller General shall perform the functions assigned to the Administrator of General Services by that section. (b) Upon request of the Comptroller General, the Administrator of General Services shall provide, to the extent resources are available, any necessary services for the protection of the property and persons in the General Accounting Office Building, including the provision of special police, responding to and investigating incidents, and the monitoring of the perimeter security system. Such services may be provided with or without reimbursement as the Comptroller General and the Administrator may agree. (c)(1) The Comptroller General is authorized to enter into agreements or contracts to acquire property or services on such terms and conditions and in such a manner as he deems necessary and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); except that the Comptroller General may not acquire real property unless specifically authorized by law. In exercising the authority granted by this section, the Comptroller General shall obtain full and open competition in accordance with the principles and purposes of the Competition in Contracting Act of 1984. (2) To the extent that funds are otherwise available for obligation, agreements or contracts for utility services may be made for periods not exceeding 10 years. (3) The Comptroller General may make advance, progress, and other payments which relate to agreements or contracts entered into under authority of this section, without regard to the provisions of section 3324(a) and (b) of this title. -SOURCE- (Added Pub. L. 100-545, Sec. 1, Oct. 28, 1988, 102 Stat. 2727.) -REFTEXT- REFERENCES IN TEXT The Competition in Contracting Act of 1984, referred to in subsec. (c)(1), is title VII of Pub. L. 98-369, div. B, July 18, 1984, 98 Stat. 1175. For complete classification of this Act to the Code, see Short Title of 1984 Amendments note set out under section 251 of Title 41, Public Contracts, and Tables. ------DocID 39229 Document 129 of 536------ -CITE- 31 USC Sec. 782 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER VI -HEAD- Sec. 782. Leasing of space in the General Accounting Office Building -STATUTE- The Comptroller General is authorized to lease or otherwise provide space and services within the General Accounting Office Building to persons, both public and private, or to any department, agency or instrumentality of the United States Government upon such terms and conditions as the Comptroller General deems necessary to protect the public interest. The Comptroller General shall establish a rental rate for such leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the General Accounting Office Building. Additionally, the Comptroller General may make available, on occasion, or may lease at such rates and on such other terms and conditions as the Comptroller General deems to be in the public interest, auditoriums, meeting rooms, and lobbies of the General Accounting Office Building to persons, firms, or organizations engaged in cultural, educational, or recreational activities (as defined in section 105 of the Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a). (FOOTNOTE 1) The Comptroller General will consult with the Administrator of General Services and will give priority to Federal agencies in filling available space within the General Accounting Office Building. Payments for space or services may be made in advance or by way of reimbursement and shall be deposited to a special account and shall be available for expenditure for operation, maintenance, protection, alteration, or repair of the General Accounting Office Building in such amounts as are specified in annual appropriation Acts without regard to fiscal year limitations. (FOOTNOTE 1) So in original. Another closing parenthesis should precede the period. -SOURCE- (Added Pub. L. 100-545, Sec. 1, Oct. 28, 1988, 102 Stat. 2728.) -MISC1- PAYMENTS OF REIMBURSEMENTS INCIDENT TO OPERATION OF GENERAL ACCOUNTING OFFICE BUILDING Pub. L. 101-520, title II, Nov. 5, 1990, 104 Stat. 2275, provided in part that 'notwithstanding the provisions of section 782 of title 31, United States Code, hereinafter any payments of reimbursements received incident to the operation of the General Accounting Office Building shall be credited to the appropriation currently available to the General Accounting Office and remain available until expended, and not more than $5,915,000 of such funds shall be available for use in fiscal year 1991'. ------DocID 39230 Document 130 of 536------ -CITE- 31 USC Sec. 783 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 7 SUBCHAPTER VI -HEAD- Sec. 783. Rules and regulations -STATUTE- (a) The Comptroller General is authorized to make all needful rules and regulations for the Government of the General Accounting Office Building, and to annex to such rules and regulations such reasonable penalties, within the limits prescribed in subsection (b), as will ensure their enforcement. Such rules and regulations shall be posted and kept posted in a conspicuous place on such Federal property. (b) Whoever shall violate any rule or regulation promulgated pursuant to subsection (a) shall be fined not more than $500 or imprisoned not more than 6 months, or both. -SOURCE- (Added Pub. L. 100-545, Sec. 1, Oct. 28, 1988, 102 Stat. 2728.) ------DocID 39231 Document 131 of 536------ -CITE- 31 USC CHAPTER 9 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 9 -HEAD- CHAPTER 9 - AGENCY CHIEF FINANCIAL OFFICERS -MISC1- Sec. 901. Establishment of agency Chief Financial Officers. 902. Authority and functions of agency Chief Financial Officers. 903. Establishment of agency Deputy Chief Financial Officers. ------DocID 39232 Document 132 of 536------ -CITE- 31 USC Sec. 901 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 9 -HEAD- Sec. 901. Establishment of agency Chief Financial Officers -STATUTE- (a) There shall be within each agency described in subsection (b) an agency Chief Financial Officer. Each agency Chief Financial Officer shall - (1) for those agencies described in subsection (b)(1) - (A) be appointed by the President, by and with the advice and consent of the Senate; or (B) be designated by the President, in consultation with the head of the agency, from among officials of the agency who are required by law to be so appointed; (2) for those agencies described in subsection (b)(2) - (A) be appointed by the head of the agency; (B) be in the competitive service or the senior executive service; and (C) be career appointees; and (3) be appointed or designated, as applicable, from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in financial management practices in large governmental or business entities. (b)(1) The agencies referred to in subsection (a)(1) are the following: (A) The Department of Agriculture. (B) The Department of Commerce. (C) The Department of Defense. (D) The Department of Education. (E) The Department of Energy. (F) The Department of Health and Human Services. (G) The Department of Housing and Urban Development. (H) The Department of the Interior. (I) The Department of Justice. (J) The Department of Labor. (K) The Department of State. (L) The Department of Transportation. (M) The Department of the Treasury. (N) The Department of Veterans Affairs. (O) The Environmental Protection Agency. (P) The National Aeronautics and Space Administration. (2) The agencies referred to in subsection (a)(2) are the following: (A) The Agency for International Development. (B) The Federal Emergency Management Agency. (C) The General Services Administration. (D) The National Science Foundation. (E) The Nuclear Regulatory Commission. (F) The Office of Personnel Management. (G) The Small Business Administration. -SOURCE- (Added Pub. L. 101-576, title II, Sec. 205(a), Nov. 15, 1990, 104 Stat. 2842.) -MISC1- CHIEF FINANCIAL OFFICERS OF DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Section 205(c)(1) of Pub. L. 101-576 provided that: 'The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development may each designate as the agency Chief Financial Officer of that department for purposes of section 901 of title 31, United States Code, as amended by this section, the officer designated, respectively, under section 4(c) of the Department of Veterans Affairs Act (38 U.S.C. 201 note) and section 4(e) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(e)), as in effect before the effective date of this Act (Nov. 15, 1990).' TRANSFER OF FUNCTIONS AND PERSONNEL OF AGENCY CHIEF FINANCIAL OFFICERS Section 206 of Pub. L. 101-576 provided that: '(a) Agency Reviews of Financial Management Activities. - Not later than 120 days after the date of the enactment of this Act (Nov. 15, 1990), the Director of the Office of Management and Budget shall require each agency listed in subsection (b) of section 901 of title 31, United States Code, as amended by this Act, to conduct a review of its financial management activities for the purpose of consolidating its accounting, budgeting, and other financial management activities under the agency Chief Financial Officer appointed under subsection (a) of that section for the agency. '(b) Reorganization Proposal. - Not later than 120 days after the issuance of requirements under subsection (a) and subject to all laws vesting functions in particular officers and employees of the United States, the head of each agency shall submit to the Director of the Office of Management and Budget a proposal for reorganizing the agency for the purposes of this Act (see Short Title of 1990 Amendment note set out under section 501 of this title). Such proposal shall include - '(1) a description of all functions, powers, duties, personnel, property, or records which the agency Chief Financial Officer is proposed to have authority over, including those relating to functions that are not related to financial management activities; and '(2) a detailed outline of the administrative structure of the office of the agency Chief Financial Officer, including a description of the responsibility and authority of financial management personnel and resources in agencies or other subdivisions as appropriate to that agency. '(c) Review and Approval of Proposal. - Not later than 60 days after receiving a proposal from the head of an agency under subsection (b), the Director of the Office of Management and Budget shall approve or disapprove the proposal and notify the head of the agency of that approval or disapproval. The Director shall approve each proposal which establishes an agency Chief Financial Officer in conformance with section 901 of title 31, United States Code, as added by this Act, and which establishes a financial management structure reasonably tailored to the functions of the agency. Upon approving or disapproving a proposal of an agency under this section, the Director shall transmit to the head of the agency a written notice of that approval or disapproval. '(d) Implementation of Proposal. - Upon receiving written notice of approval of a proposal under this section from the Director of the Office of Management and Budget, the head of an agency shall implement that proposal.' CHIEF FINANCIAL OFFICERS COUNCIL Section 302 of Pub. L. 101-576 provided that: '(a) Establishment. - There is established a Chief Financial Officers Council, consisting of - '(1) the Deputy Director for Management of the Office of Management and Budget, who shall act as chairperson of the council; '(2) the Controller of the Office of Federal Financial Management of the Office of Management and Budget; '(3) the Fiscal Assistant Secretary of Treasury; and '(4) each of the agency Chief Financial Officers appointed under section 901 of title 31, United States Code, as amended by this Act. '(b) Functions. - The Chief Financial Officers Council shall meet periodically to advise and coordinate the activities of the agencies of its members on such matters as consolidation and modernization of financial systems, improved quality of financial information, financial data and information standards, internal controls, legislation affecting financial operations and organizations, and any other financial management matter.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 503, 903, 3515 of this title. ------DocID 39233 Document 133 of 536------ -CITE- 31 USC Sec. 902 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 9 -HEAD- Sec. 902. Authority and functions of agency Chief Financial Officers -STATUTE- (a) An agency Chief Financial Officer shall - (1) report directly to the head of the agency regarding financial management matters; (2) oversee all financial management activities relating to the programs and operations of the agency; (3) develop and maintain an integrated agency accounting and financial management system, including financial reporting and internal controls, which - (A) complies with applicable accounting principles, standards, and requirements, and internal control standards; (B) complies with such policies and requirements as may be prescribed by the Director of the Office of Management and Budget; (C) complies with any other requirements applicable to such systems; and (D) provides for - (i) complete, reliable, consistent, and timely information which is prepared on a uniform basis and which is responsive to the financial information needs of agency management; (ii) the development and reporting of cost information; (iii) the integration of accounting and budgeting information; and (iv) the systematic measurement of performance; (4) make recommendations to the head of the agency regarding the selection of the Deputy Chief Financial Officer of the agency; (5) direct, manage, and provide policy guidance and oversight of agency financial management personnel, activities, and operations, including - (A) the preparation and annual revision of an agency plan to - (i) implement the 5-year financial management plan prepared by the Director of the Office of Management and Budget under section 3512(a)(3) of this title; and (ii) comply with the requirements established under sections 3515 and subsections (e) and (f) of section 3521 of this title; (B) the development of agency financial management budgets; (C) the recruitment, selection, and training of personnel to carry out agency financial management functions; (D) the approval and management of agency financial management systems design or enhancement projects; (E) the implementation of agency asset management systems, including systems for cash management, credit management, debt collection, and property and inventory management and control; (6) prepare and transmit, by not later than 60 days after the submission of the audit report required by section 3521(f) of this title, an annual report to the agency head and the Director of the Office of Management and Budget, which shall include - (A) a description and analysis of the status of financial management of the agency; (B) the annual financial statements prepared under section 3515 of this title; (C) the audit report transmitted to the head of the agency under section 3521(f) of this title; (D) a summary of the reports on internal accounting and administrative control systems submitted to the President and the Congress under the amendments made by the Federal Managers' Financial Integrity Act of 1982 (Public Law 97-255); and (E) other information the head of the agency considers appropriate to fully inform the President and the Congress concerning the financial management of the agency; (7) monitor the financial execution of the budget of the agency in relation to actual expenditures, and prepare and submit to the head of the agency timely performance reports; and (8) review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value. (b)(1) In addition to the authority otherwise provided by this section, each agency Chief Financial Officer - (A) subject to paragraph (2), shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which are the property of the agency or which are available to the agency, and which relate to programs and operations with respect to which that agency Chief Financial Officer has responsibilities under this section; (B) may request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this section from any Federal, State, or local governmental entity; and (C) to the extent and in such amounts as may be provided in advance by appropriations Acts, may - (i) enter into contracts and other arrangements with public agencies and with private persons for the preparation of financial statements, studies, analyses, and other services; and (ii) make such payments as may be necessary to carry out the provisions of this section. (2) Except as provided in paragraph (1)(B), this subsection does not provide to an agency Chief Financial Officer any access greater than permitted under any other law to records, reports, audits, reviews, documents, papers, recommendations, or other material of any Office of Inspector General established under the Inspector General Act of 1978 (5 U.S.C. App.). -SOURCE- (Added Pub. L. 101-576, title II, Sec. 205(a), Nov. 15, 1990, 104 Stat. 2843.) -REFTEXT- REFERENCES IN TEXT The Federal Managers' Financial Integrity Act of 1982, referred to in subsec. (a)(6)(D), is Pub. L. 97-255, Sept. 8, 1982, 96 Stat. 814, which added subsec. (d) to section 66a of former Title 31, Money and Finance. Section 66a of former Title 31 was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof as section 3512 of this title. Provisions relating to reports on internal accounting and administrative control systems are restated in section 3512(d)(2) and (3) of this title. The Inspector General Act of 1978, referred to in subsec. (b)(2), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3512 of this title. ------DocID 39234 Document 134 of 536------ -CITE- 31 USC Sec. 903 -EXPCITE- TITLE 31 SUBTITLE I CHAPTER 9 -HEAD- Sec. 903. Establishment of agency Deputy Chief Financial Officers -STATUTE- (a) There shall be within each agency described in section 901(b) an agency Deputy Chief Financial Officer, who shall report directly to the agency Chief Financial Officer on financial management matters. The position of agency Deputy Chief Financial Officer shall be a career reserved position in the Senior Executive Service. (b) Consistent with qualification standards developed by, and in consultation with, the agency Chief Financial Officer and the Director of the Office of Management and Budget, the head of each agency shall appoint as Deputy Chief Financial Officer an individual with demonstrated ability and experience in accounting, budget execution, financial and management analysis, and systems development, and not less than 6 years practical experience in financial management at large governmental entities. -SOURCE- (Added Pub. L. 101-576, title II, Sec. 205(a), Nov. 15, 1990, 104 Stat. 2845.) -REFTEXT- REFERENCES IN TEXT Senior Executive Service, referred to in subsec. (a), see section 5382 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 503 of this title. ------DocID 39235 Document 135 of 536------ -CITE- 31 USC SUBTITLE II -EXPCITE- TITLE 31 SUBTITLE II -HEAD- SUBTITLE II - THE BUDGET PROCESS -MISC1- Chap. Sec. 11. The Budget and Fiscal, Budget, and Program Information 1101 13. Appropriations 1301 15. Appropriation Accounting 1501 ------DocID 39236 Document 136 of 536------ -CITE- 31 USC CHAPTER 11 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION -MISC1- Sec. 1101. Definitions. 1102. Fiscal year. 1103. Budget ceiling. 1104. Budget and appropriations authority of the President. 1105. Budget contents and submission to Congress. 1106. Supplemental budget estimates and changes. 1107. Deficiency and supplemental appropriations. 1108. Preparation and submission of appropriations requests to the President. 1109. Current programs and activities estimates. 1110. Year-ahead requests for authorizing legislation. 1111. Improving economy and efficiency. 1112. Fiscal, budget, and program information. 1113. Congressional information. 1114. Budget information on consulting services. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1512, 9109 of this title; title 2 section 907a; title 7 sections 934, 1932; title 19 section 2232; title 42 sections 1487, 1962b-6, 8107, 10156, 10222. ------DocID 39237 Document 137 of 536------ -CITE- 31 USC Sec. 1101 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1101. Definitions -STATUTE- In this chapter - (1) 'agency' includes the District of Columbia government but does not include the legislative branch or the Supreme Court. (2) 'appropriations' means appropriated amounts and includes, in appropriate context - (A) funds; (B) authority to make obligations by contract before appropriations; and (C) other authority making amounts available for obligation or expenditure. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1101(1) 31:2(1st-4th pars.). June 10, 1921, ch. 18, Sec. 2(1st-5th pars.), 42 Stat. 20; Apr. 3, 1939, ch. 36, Sec. 201, 53 Stat. 565; July 31, 1953, ch. 302, Sec. 101(1st proviso in par. under heading 'Bureau of the Budget'), 67 Stat. 299. 1101(2) 31:2(last par.). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 2(last par.); added Sept. 12, 1950, ch. 946, Sec. 101, 64 Stat. 832. ------------------------------- In the section, a reference to 31:71 and 471 is omitted because the definitions in the section are not used in 31:71 and 471. In clause (1), 'agency' (which is defined for purposes of this title in section 101 to mean a department, agency, or instrumentality of the United States) is coextensive with and substituted for the term 'department or establishment' which was defined in 31:2 as in part meaning 'any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board'. This definition merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words 'includes the District of Columbia government' are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia Self-Government and Governmental Reorganizational Act (Pub. L. 93-198, 87 Stat. 774) supersedes the provisions codified in this title. The words 'of the United States' are omitted as surplus. The text of 31:2(2d-4th pars.) is omitted as unnecessary because of the restatement. The text of section 2(3d par.) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 20), is omitted as obsolete because of section 501 of the revised title. SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-501, title II, Sec. 201, Oct. 19, 1984, 98 Stat. 2324, provided that: 'This title (amending section 1105 of this title and enacting provisions set out as a note under section 1105 of this title) may be cited as the 'Federal Capital Investment Program Information Act of 1984'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1108 of this title. ------DocID 39238 Document 138 of 536------ -CITE- 31 USC Sec. 1102 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1102. Fiscal year -STATUTE- The fiscal year of the Treasury begins on October 1 of each year and ends on September 30 of the following year. Accounts of receipts and expenditures required under law to be published each year shall be published for the fiscal year. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1102 31:1020. R.S. Sec. 237; Oct. 1, 1890, ch. 1256, Sec. 9, 26 Stat. 646; restated July 12, 1974, Pub. L. 93-344, Sec. 501, 88 Stat. 321. ------------------------------- The words 'in all matters of accounts, receipts, expenditures, estimates, and appropriations' are omitted as being included in 'fiscal'. The word 'prepared' is omitted as being included in 'published'. The words 'as established by subsection (a) of this section' are omitted as unnecessary because of the restatement. The text of 31:1020(a)(1) and the words 'beginning on October 1, 1976' are omitted as executed. FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976 Pub. L. 94-274, Apr. 21, 1976, 90 Stat. 383, provided for an orderly transition to the new Oct. 1 to Sept. 30 fiscal year for particular acts by specifying how the period of July 1, 1976, through Sept. 30, 1976, was to be treated for fiscal year purposes. ------DocID 39239 Document 139 of 536------ -CITE- 31 USC Sec. 1103 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1103. Budget ceiling -STATUTE- Congress reaffirms its commitment that budget outlays of the United States Government for a fiscal year may be not more than the receipts of the Government for that year. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1103 31:27. Oct. 10, 1978, Pub. L. 95-435, Sec. 7, 92 Stat. 1053; restated Oct. 7, 1980, Pub. L. 96- 389, Sec. 3, 94 Stat. 1553. ------------------------------- The word 'total' is omitted as surplus. The words 'for a fiscal year' are substituted for 'beginning with Fiscal Year 1981' because of the restatement and to eliminate executed words. The words 'for that year' are added because of the restatement. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 907a. ------DocID 39240 Document 140 of 536------ -CITE- 31 USC Sec. 1104 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1104. Budget and appropriations authority of the President -STATUTE- (a) The President shall prepare budgets of the United States Government under section 1105 of this title and proposed deficiency and supplemental appropriations under section 1107 of this title. To the extent practicable, the President shall use uniform terms in stating the purposes and conditions of appropriations. (b) Except as provided in this chapter, the President shall prescribe the contents and order of statements in the budget on expenditures and estimated expenditures and statements on proposed appropriations and information submitted with the budget and proposed appropriations. The President shall include with the budget and proposed appropriations information on personnel and other objects of expenditure in the way that information was included in the budget for fiscal year 1950. However, the requirement that information be included in the budget in that way may be waived or changed by joint action of the Committees on Appropriations of both Houses of Congress. This subsection does not limit the authority of a committee of Congress to request information in a form it prescribes. (c) When the President makes a basic change in the form of the budget, the President shall submit with the budget information showing where items in the budget for the prior fiscal year are contained in the present budget. However, the President may change the functional categories in the budget only in consultation with the Committees on Appropriations and on the Budget of both Houses of Congress. Committees of the House of Representatives and Senate shall receive prompt notification of all such changes. (d) The President shall develop programs and prescribe regulations to improve the compilation, analysis, publication, and dissemination of statistical information by executive agencies. The President shall carry out this subsection through the Administrator for the Office of Information and Regulatory Affairs in the Office of Management and Budget. (e) Under regulations prescribed by the President, each agency shall provide information required by the President in carrying out this chapter. The President has access to, and may inspect, records of an agency to obtain information. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-177, title II, Sec. 224, Dec. 12, 1985, 99 Stat. 1060.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1104(a) 31:16(last sentence June 10, 1921, ch. related to 18, Sec. 207(last preparation of sentence related to budgets and preparation of appropriations). budgets and appropriations), 42 Stat. 22; restated Sept. 12, 1950, ch. 946, Sec. 102(e), 64 Stat. 833; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 31:623. June 23, 1913, ch. 3, Sec. 3, 38 Stat. 75; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 1104(b) 31:581. June 10, 1921, ch. 18, Sec. 204, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, Sec. 102(c), 64 Stat. 833. 1104(c) 31:11d. July 12, 1974, Pub. L. 93-344, Sec. 802, 88 Stat. 330. 31:581a. June 10, 1921, ch. 18, Sec. 205, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, Sec. 102(d), 64 Stat. 833. 1104(d) 31:18b. Sept. 12, 1950, ch. 946, Sec. 103, 64 Stat. 834; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 44:3503(note). Dec. 11, 1980, Pub. L. 96-511, Sec. 3(a), 94 Stat. 2825. 1104(e) 31:21. June 10, 1921, ch. 18, Sec. 213, 42 Stat. 23; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. ------------------------------- In the section, the word 'President' is substituted for 'Office' in 31:16(last sentence), 'President, through the Director of the Office of Management and Budget' in 31:18b, 'President and the Director of the Office of Management and Budget' in 44:3503(note), and 'Office of Management and Budget' in 31:21 and 623, because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085), designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In subsection (a), the words 'under such rules and regulations as the President may prescribe' in 31:16(last sentence) are omitted as unnecessary because of section 101 of Reorganization Plan No. 2 of 1970. The words 'use uniform terms in stating' are substituted for 'make uniform the language commonly used in expressing' in 31:623 for consistency. The words 'eliminate from all estimates unnecessary words' are omitted as unnecessary because of the authority of the President under this subsection to prepare the budget. The text of section 3(words before semicolon) in the Act of June 23, 1913 (ch. 13, 38 Stat. 75) is omitted as superseded by 31:ch. 1 and 31:581. In subsection (b), the word 'arrangement' is omitted as being included in 'order'. The word 'information' is substituted for 'notes and other data', and the word 'submitted' is substituted for 'transmitted', for consistency. The words 'The President shall include' are substituted for 'shall be accompanied by' because of the authority of the President under subsection (a) to prepare the budget. The words 'proposed appropriations' are substituted for 'proposed supplemental or deficiency appropriations' because of the restatement. The word 'personnel' is substituted for 'personal services' for clarity. The word 'way' is substituted for 'manner and form' for consistency. The words 'either generally or in specific cases' are omitted as surplus. The word 'request' is substituted for 'request and receive' to eliminate unnecessary words. The words 'it prescribes' are substituted for 'as they may desire in consideration of and action upon budget estimates' to eliminate unnecessary words. In subsection (c), the words 'President makes' are substituted for 'is made' in 31:581a as being more precise. The word 'information' is substituted for 'explanatory notes and tables' for consistency in the revised title. The words 'to Congress', 'as may be necessary', and 'various' are omitted as surplus. The words 'The President may change' are substituted for 'Any change . . . shall be made only' in 31:11d because the President prepares and submits the budget under 31:11. The word 'budget' is substituted for 'Budget of the United States Government transmitted pursuant to section 11 of this title' to eliminate unnecessary words and for consistency in the chapter. In subsection (d), the word 'gathering' in 31:18b is omitted as being included in 'compilation'. The text of 31:18b(last sentence) is omitted as unnecessary because of the restatement of the source provisions in subsection (e). The words 'carry out . . . through' are substituted for 'delegate to' in 44:3503(note) for consistency. In subsection (e), the word 'provide' is substituted for 'furnish' for consistency. The words 'required by the President in carrying out this chapter' are substituted for 'as the Office may from time to time require' because of section 101 of Reorganization Plan No. 2 of 1970 and to provide comparable limiting language on when information may be required. The words 'the director and the assistant director, or any employee of the Office when duly authorized' are omitted because of 3:301. The word 'inspect' is substituted for 'examine' for consistency in the revised title. The word 'records' is substituted for 'books, documents, papers, or records' for consistency in the revised title and with other titles of the United States Code. AMENDMENTS 1985 - Subsec. (c). Pub. L. 99-177 inserted provisions relating to notice to committees of House of Representatives and Senate. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99-177, set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress. -EXEC- EX. ORD. NO. 10253. PROVISIONS FOR IMPROVEMENT OF WORK OF FEDERAL EXECUTIVE AGENCIES WITH RESPECT TO STATISTICAL INFORMATION Ex. Ord. No. 10253, June 11, 1951, 16 F.R. 5605, as amended by Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug. 12, 1981, 46 F.R. 42833, provided: Section 1. The Director of the Office of Management and Budget (hereinafter referred to as the Director) shall develop programs, and issue regulations and orders, for the improved gathering, compiling, analyzing, publishing, and disseminating of statistical information for any purpose by the various agencies in the executive branch of the Federal Government. Sec. 2. In order to carry out the provisions of Section 1 of this order, the Director shall maintain a continuing study for the improvement of the statistical work of the agencies in the executive branch of the Federal Government with a view to obtaining the maximum benefit from the funds and facilities available for such work, giving due consideration to the constantly changing character of the various needs for statistical information both within and without the Government and, where the statistical work is primarily concerned with operating programs, giving due consideration to administrative needs, statutory requirements, and the needs involved in the development of administrative and legislative recommendations. The Director, either upon his own initiative or upon the request of any such agency, shall (a) provide for the interchange of information calculated to improve statistical work, (b) make appropriate arrangements for improving statistical work involving relationships between two or more agencies, and (c) assist the agencies, by other means, to improve their statistical work. Sec. 3. The following shall be included among the objectives sought in carrying out the provisions of Section 1 hereof: (a) To achieve an adequate program of statistical work in the agencies of the executive branch, in relation to over-all needs for statistical information, including the filling of gaps and overcoming of weaknesses in presently available statistical information. (b) To achieve the most effective use of resources available for statistical work by the agencies, in relation to over-all needs. (c) To minimize the burden upon those furnishing statistical data needed by the various Federal agencies. (d) To improve the reliability and timeliness of statistical information. (e) To achieve maximum comparability among the several statistical series and studies. (f) To improve the presentation of statistical information and of explanations regarding the sources and reliablity of such information, and regarding the limitations on the uses that can appropriately be made of it. Sec. 4. Regulations and orders issued pursuant to Section 1 hereof shall be signed by the Director. When so signed, such regulations and orders shall require no further approval and shall be adhered to by all agencies in the executive branch. Any such regulation or order may pertain to a single agency, a group of agencies, or all agencies in the executive branch. Sec. 5. In the development of programs and the preparation of regulations and orders for issuance pursuant to Section 1 hereof, the Director shall consult Federal agencies whose activities will be substantially affected, and may consult non-Federal groups to the extent he finds it necessary to carry out the purposes of this order. Sec. 6. The authority outlined in this order is in addition to and not in substitution for the existing authority of the Director, or of the Office of Management and Budget, with respect to statistical and reporting activities. To the extent, however, that this order conflicts with any previous Executive order affecting statistical or reporting activities, the provisions of this order shall control. Sec. 7. As required by Section 3(a) of the Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), the Director shall redelegate to the Administrator for the Office of Information and Regulatory Affairs, Office of Management and Budget, all functions, authority, and responsibility under Section 103 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 18b) (31 U.S.C. 1104(d)) which have been vested in the Director by this Order. Sec. 8. (Revoked by Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833.) ------DocID 39241 Document 141 of 536------ -CITE- 31 USC Sec. 1105 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1105. Budget contents and submission to Congress -STATUTE- (a) On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under - (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the - (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government. (11) other financial information the President decides is desirable to explain in practicable detail the financial condition of the Government. (12) for each proposal in the budget for legislation that would establish or expand a Government activity or function, a table showing - (A) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; and (B) the estimated appropriation required because of the proposal for each of the 4 fiscal years after that year that the proposal will be in effect. (13) an allowance for additional estimated expenditures and proposed appropriations for the fiscal year for which the budget is submitted. (14) an allowance for unanticipated uncontrollable expenditures for that year. (15) a separate statement on each of the items referred to in section 301(a)(1)-(5) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)(1)-(5)). (16) the level of tax expenditures under existing law in the tax expenditures budget (as defined in section 3(a)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the fiscal year for which the budget is submitted, considering projected economic factors and changes in the existing levels based on proposals in the budget. (17) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for grants, contracts, and other payments under each program for which there is an authorization of appropriations for that following fiscal year when the appropriations are authorized to be included in an appropriation law for the fiscal year before the fiscal year in which the appropriation is to be available for obligation. (18) a comparison of the total amount of budget outlays for the prior fiscal year, estimated in the budget submitted for that year, for each major program having relatively uncontrollable outlays with the total amount of outlays for that program in that year. (19) a comparison of the total amount of receipts for the prior fiscal year, estimated in the budget submitted for that year, with receipts received in that year, and for each major source of receipts, a comparison of the amount of receipts estimated in that budget with the amount of receipts from that source in that year. (20) an analysis and explanation of the differences between each amount compared under clauses (18) and (19) of this subsection. (21) a horizontal budget showing - (A) the programs for meteorology and of the National Climate Program established under section 5 of the National Climate Program Act (15 U.S.C. 2904); (B) specific aspects of the program of, and appropriations for, each agency; and (C) estimated goals and financial requirements. (22) a statement of budget authority, proposed budget authority, budget outlays, and proposed budget outlays, and descriptive information in terms of - (A) a detailed structure of national needs that refers to the missions and programs of agencies (as defined in section 101 of this title); and (B) the missions and basic programs. (23) separate appropriation accounts for appropriations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.). (24) recommendations on the return of Government capital to the Treasury by a mixed-ownership corporation (as defined in section 9101(2) of this title) that the President decides are desirable. (25) a separate appropriation account for appropriations for each Office of Inspector General of an establishment defined under section 11(2) of the Inspector General Act of 1978. (26) (FOOTNOTE 1) an analysis, prepared by the Office of Management and Budget after consultation with the chairman of the Council of Economic Advisers, of the budget's impact on the international competitiveness of United States business and the United States balance of payments position and shall include the following projections, based upon the best information available at the time, for the fiscal year for which the budget is submitted - (FOOTNOTE 1) So in original. There are two pars. (26) and no par. (27). (A) the amount of borrowing by the Government in private credit markets; (B) net domestic savings (defined as personal savings, corporate savings, and the fiscal surplus of State and local governments); (C) net private domestic investment; (D) the merchandise trade and current accounts; (E) the net increase or decrease in foreign indebtedness (defined as net foreign investment); and (F) the estimated direction and extent of the influence of the Government's borrowing in private credit markets on United States dollar interest rates and on the real effective exchange rate of the United States dollar. (26) (FOOTNOTE 1) a separate statement of the amount of appropriations requested for the Office of National Drug Control Policy and each program of the National Drug Control Program. (28) (FOOTNOTE 1) a separate statement of the amount of appropriations requested for the Office of Federal Financial Management. (b) Estimated expenditures and proposed appropriations for the legislative branch and the judicial branch to be included in each budget under subsection (a)(5) of this section shall be submitted to the President before October 16 of each year and included in the budget by the President without change. (c) The President shall recommend in the budget appropriate action to meet an estimated deficiency when the estimated receipts for the fiscal year for which the budget is submitted (under laws in effect when the budget is submitted) and the estimated amounts in the Treasury at the end of the current fiscal year available for expenditure in the fiscal year for which the budget is submitted, are less than the estimated expenditures for that year. The President shall make recommendations required by the public interest when the estimated receipts and estimated amounts in the Treasury are more than the estimated expenditures. (d) When the President submits a budget or supporting information about a budget, the President shall include a statement on all changes about the current fiscal year that were made before the budget or information was submitted. (e)(1) The President shall submit with materials related to each budget transmitted under subsection (a) on or after January 1, 1985, an analysis for the ensuing fiscal year that shall identify requested appropriations or new obligational authority and outlays for each major program that may be classified as a public civilian capital investment program and for each major program that may be classified as a military capital investment program, and shall contain summaries of the total amount of such appropriations or new obligational authority and outlays for public civilian capital investment programs and summaries of the total amount of such appropriations or new obligational authority and outlays for military capital investment programs. In addition, the analysis under this paragraph shall contain - (A) an estimate of the current service levels of public civilian capital investment and of military capital investment and alternative high and low levels of such investments over a period of ten years in current dollars and over a period of five years in constant dollars; (B) the most recent assessment analysis and summary, in a standard format, of public civilian capital investment needs in each major program area over a period of ten years; (C) an identification and analysis of the principal policy issues that affect estimated public civilian capital investment needs for each major program; and (D) an identification and analysis of factors that affect estimated public civilian capital investment needs for each major program, including but not limited to the following factors: (i) economic assumptions; (ii) engineering standards; (iii) estimates of spending for operation and maintenance; (iv) estimates of expenditures for similar investments by State and local governments; and (v) estimates of demand for public services derived from such capital investments and estimates of the service capacity of such investments. To the extent that any analysis required by this paragraph relates to any program for which Federal financial assistance is distributed under a formula prescribed by law, such analysis shall be organized by State and within each State by major metropolitan area if data are available. (2) For purposes of this subsection, any appropriation, new obligational authority, or outlay shall be classified as a public civilian capital investment to the extent that such appropriation, authority, or outlay will be used for the construction, acquisition, or rehabilitation of any physical asset that is capable of being used to produce services or other benefits for a number of years and is not classified as a military capital investment under paragraph (3). Such assets shall include (but not be limited to) - (A) roadways or bridges, (B) airports or airway facilities, (C) mass transportation systems, (D) wastewater treatment or related facilities, (E) water resources projects, (F) hospitals, (G) resource recovery facilities, (H) public buildings, (I) space or communications facilities, (J) railroads, and (K) federally assisted housing. (3) For purposes of this subsection, any appropriation, new obligational authority, or outlay shall be classified as a military capital investment to the extent that such appropriation, authority, or outlay will be used for the construction, acquisition, or rehabilitation of any physical asset that is capable of being used to produce services or other benefits for purposes of national defense and security for a number of years. Such assets shall include military bases, posts, installations, and facilities. (4) Criteria and guidelines for use in the identification of public civilian and military capital investments, for distinguishing between public civilian and military capital investments, and for distinguishing between major and nonmajor capital investment programs shall be issued by the Director of the Office of Management and Budget after consultation with the Comptroller General and the Congressional Budget Office. The analysis submitted under this subsection shall be accompanied by an explanation of such criteria and guidelines. (5) For purposes of this subsection - (A) the term 'construction' includes the design, planning, and erection of new structures and facilities, the expansion of existing structures and facilities, the reconstruction of a project at an existing site or adjacent to an existing site, and the installation of initial and replacement equipment for such structures and facilities; (B) the term 'acquisition' includes the addition of land, sites, equipment, structures, facilities, or rolling stock by purchase, lease-purchase, trade, or donation; and (C) the term 'rehabilitation' includes the alteration of or correction of deficiencies in an existing structure or facility so as to extend the useful life or improve the effectiveness of the structure or facility, the modernization or replacement of equipment at an existing structure or facility, and the modernization of, or replacement of parts for, rolling stock. (f) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared in a manner consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 that apply to that and subsequent fiscal years. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 97-452, Sec. 1(2), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-501, title II, Sec. 203, Oct. 19, 1984, 98 Stat. 2324; Pub. L. 99-177, title II, Sec. 241, Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100-119, title I, Sec. 106(f), Sept. 29, 1987, 101 Stat. 781; Pub. L. 100-418, title V, Sec. 5301, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 100-504, title I, Sec. 108, Oct. 18, 1988, 102 Stat. 2529; Pub. L. 100-690, title I, Sec. 1006, Nov. 18, 1988, 102 Stat. 4187; Pub. L. 101-508, title XIII, Sec. 13112(c), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L. 101-576, title II, Sec. 203(b), Nov. 15, 1990, 104 Stat. 2841.) -STATAMEND- AMENDMENT OF SECTION For repeal of amendment by section 1506 of Title 21, Food and Drugs, see Effective and Termination Dates of 1988 Amendments note below. For termination of amendment by section 5303 of Pub. L. 100-418, see Effective and Termination Dates of 1988 Amendments note below. For termination of amendment by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates of 1985 Amendment note below. -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1105(a) (1)-(14) 31:11(a)(less June 10, 1921, ch. (5)(words after 2d 18, Sec. 201(a), 42 comma)). Stat. 20; restated Sept. 12, 1950, ch. 946, Sec. 102(a), 64 Stat. 832; Aug. 1, 1956, ch. 814, Sec. 1(a), 70 Stat. 782; Oct. 26, 1970, Pub. L. 91-510, Sec. 221(a), 84 Stat. 1169; July 12, 1974, Pub. L. 93-344, Sec. 603, 604, 88 Stat. 324. 31:19. June 10, 1921, ch. 18, Sec. 211, 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 1105(a) (15) 31:11(d). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 201(d)-(f), (g)(last sentence)- (i)(1st sentence); added July 12, 1974, Pub. L. 93- 344, Sec. 601, 88 Stat. 323. 1105(a) (16) 31:11(e). 1105(a) (17) 31:11(h). 1105(a) (18)-(20) 31:11(f). 1105(a) (21) 31:25 Oct. 18, 1962, Pub. L. 87-843, Sec. 304(1st par.), 76 Stat. 1097; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085; Sept. 17, 1978, Pub. L. 95-367, Sec. 5(g)(2), 92 Stat. 603. 1105(a) (22) 31:11(i)(1st sentence). 1105(a) (23) 31:11(note). Nov. 9, 1977, Pub. L. 95-164, Sec. 305, 91 Stat. 1322. 1105(a) (24) 31:859. Dec. 6, 1945, ch. 557, Sec. 204, 59 Stat. 601. 1105(b) 28:605(last par.). 31:11(a)(5)(words after 2d comma). 1105(c) 31:13. June 10, 1921, ch. 18, Sec. 202, 42 Stat. 21. 1105(d) 31:11(g)(last sentence). ------------------------------- In the section, the word 'current' is substituted for 'in progress', and the word 'prior' is substituted for 'last completed', for consistency in the revised title. In subsection (a), before clause (1), the text of 31:19 is omitted as superseded by the broader authority of 31:11(a)(5). The words 'for the following fiscal year' are added for clarity. The words 'summary and supporting information' are substituted for 'summary data and text, and supporting detail' in the introductory matter of 31:11(a) for consistency. The words 'in such form and detail as the President may determine' are omitted as unnecessary because of the authority of the President under section 1104(a) of the revised title to prepare the budget. The words 'The President shall . . . in each budget the following' are substituted for 'The Budget transmitted pursuant to subsection (a) of this section for each fiscal year shall' in 31:11(d)-(f), (h), and (i) because of the restatement. The word 'President' is substituted for 'Office of Management and Budget' in 31:25 because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words 'in connection with the budget presentation for fiscal year 1964 and each succeeding year thereafter' are omitted as executed. In subsection (a)(1), the words 'information on' are added for clarity. In subsection (a)(2), the word 'Government' is added for clarity. In subsection (a)(3), the word 'information' is substituted for 'data' for consistency. In subsection (a)(5) and (6), the words 'fiscal year for which the budget is submitted' are substituted for 'ensuing fiscal year' the first time they appear for clarity. The words 'the 4 fiscal years after that year' are substituted for 'projections for the four fiscal years immediately following the ensuing fiscal year' to eliminate unnecessary words. In subsection (a)(6), the words 'proposals . . . to increase revenues' are substituted for 'revenue proposals' for consistency in the revised title. In subsection (a)(7), the word 'actual' is omitted as surplus. In subsection (a)(8), the words 'appropriations and' are substituted for 'actual or' for clarity. In subsection (a)(9), the words 'fiscal year for which the budget is submitted' are substituted for 'ensuing fiscal year' for clarity. In subsection (a)(10), the words 'bonded and other' are omitted as surplus. In subsection (a)(11), the words 'information the President decides' are substituted for 'statements and data as in his opinion' for clarity and consistency. The word 'desirable' is substituted for 'necessary or desirable' and the words 'to explain' are substituted for 'in order to make known', to eliminate unnecessary words. In subsection (a)(12), before subclause (A), the word 'legislation' is substituted for 'new or additional legislation' to eliminate unnecessary words. The words 'activity or function' are substituted for 'function, activity, or authority' for consistency. The words 'in addition to those functions, activities, and authorities then existing or as then being administered and operated' are omitted as surplus. In subsection (a)(16), the words 'fiscal year for which the budget is submitted' are substituted for 'such fiscal year' for clarity. In subsection (a)(17), the words 'fiscal year following the fiscal year for which the budget is submitted' are substituted for 'next succeeding fiscal year', the words 'that following fiscal year' are substituted for 'such succeeding fiscal year', and the words 'fiscal year before' are substituted for 'fiscal year preceding', for clarity and consistency. In subsection (a)(18), the words 'uncontrollable or' are omitted as being included in 'relatively uncontrollable'. In subsection (a)(19) and (20), the word 'receipts' is substituted for 'revenues' for consistency in the revised title. Subsection (a)(20) is substituted for 31:11(f)(3) to eliminate unnecessary words. In subsection (a)(21), the words 'the totality of' are omitted as surplus. In subsection (a)(22), the words 'budget outlays' are substituted for 'outlays' for consistency. The words 'beginning with the fiscal year ending September 30, 1979' are omitted as executed. In subsection (a)(23), the words 'for appropriations' are substituted for 'amounts required for appropriations' to eliminate unnecessary words. The words 'for mine health and safety' and 'for occupational safety and health' are omitted as unnecessary because of the restatement. In subsection (a)(24), the words '(as defined in section 9101(2) of this title)' are added because the subsection is based on a law to which the defined term applies. The words 'decides are desirable' are substituted for 'may wish to make' for consistency. In subsection (b), the words 'for such years' in 31:11(a)(5)(words after 2d comma) are omitted because of the restatement. The words 'of the United States' and 'by him' are omitted as surplus. The words 'to be included in each budget under subsection (a)(5) of this section' are added because of the restatement. The words 'before October 16' are substituted for 'on or before October 15', and the word 'change' is substituted for 'revision', for consistency. In subsection (c), the words 'new taxes, loans, or other' are omitted as being included in 'appropriate action'. The words 'in effect' are substituted for 'existing' for consistency. The word 'aggregate' is omitted as surplus. In subsection (d), the words 'When the President submits a budget or supporting information about a budget, the President' are substituted for 'The Budget transmitted pursuant to subsection (a) of this section for any fiscal year, or the supporting detail transmitted in connection therewith' because of the restatement. The word 'changes' is substituted for 'amendments and revisions' to eliminate unnecessary words. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1105(a) (25) 31 App.:11(k)(1). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 201(k)(1); added Sept. 8, 1982, Pub. L. 97- 255, Sec. 3, 96 Stat. 815. ------------------------------- The words 'The President shall include in the supporting detail accompanying each Budget' are omitted as being included in the introductory provisions of 31:1105(a). The words 'submitted on or after January 1, 1983' are omitted as executed. The words 'by the President' and 'if any' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(23), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified principally to chapter 15 (Sec. 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. The Federal Mine Safety and Health Act of 1977, referred to in subsec. (a)(23), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as amended by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91 Stat. 1290, which is classified principally to chapter 22 (Sec. 801 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 30 and Tables. Section 11(2) of the Inspector General Act of 1978, referred to in subsec. (a)(25), is section 11(2) of Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (f), is title II of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (Sec. 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of this title, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 13112(c)(1), substituted 'On or after the first Monday in January but not later than the first Monday in February of each year' for 'On or before the first Monday after January 3 of each year (or on or before February 5 in 1986)'. Subsec. (a)(28). Pub. L. 101-576 added par. (28). Subsec. (f). Pub. L. 101-508, Sec. 13112(c)(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: '(1) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared on the basis of the best estimates then available, in such a manner as to ensure that the deficit for such fiscal year shall not exceed the maximum deficit amount for such fiscal year as determined under paragraph (7) of section 3 of the Congressional Budget and Impoundment Control Act of 1974. '(2) The deficit set forth in the budget so transmitted for any fiscal year shall not exceed the maximum deficit amount for such fiscal year as determined under paragraph (7) of section 3 of the Congressional Budget and Impoundment Control Act of 1974, with budget outlays and Federal revenues at such levels as the President may consider most desirable and feasible. '(3) The budget transmitted pursuant to subsection (a) for a fiscal year shall include a budget baseline estimate made in accordance with section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 and using economic and technical assumptions consistent with the current services budget submitted under section 1109 for the fiscal year. If such budget baseline estimate differs from the estimate in the current services budget, the President shall explain the differences. The budget transmitted pursuant to subsection (a) for such fiscal year shall include the information required by section 251(a)(2) of such Act (other than account-level detail) assuming that the deficit in such budget baseline were the amount estimated by the Director of the Office of Management and Budget on August 25 of the calendar year in which the fiscal year begins. '(4) Paragraphs (1) and (2) shall not apply with respect to fiscal year 1989 if the budget transmitted for such fiscal year provides for deficit reduction from a budget baseline deficit for such fiscal year (as defined by section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 and based on laws in effect on January 1, 1988) equal to or greater than $36,000,000,000. '(5) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect.' 1988 - Subsec. (a)(25). Pub. L. 100-504 amended par. (25) generally. Prior to amendment, par. (25) read as follows: 'a separate statement, for each agency having an Office of Inspector General, of the amount of the appropriation requested for the Office.' Subsec. (a)(26). Pub. L. 100-690, Sec. 1006, 1009, temporarily added par. (26) relating to statement of appropriations requested for drug programs. See Effective and Termination Dates of 1988 Amendments note below. Pub. L. 100-418, Sec. 5301, 5303, temporarily added par. (26) relating to analysis of budget impact on international competitiveness. See Effective and Termination Dates of 1988 Amendments note below. 1987 - Subsec. (f)(3) to (5). Pub. L. 100-119 added pars. (3) and (4) and redesignated former par. (3) as (5). 1985 - Subsec. (a). Pub. L. 99-177, Sec. 241(a), substituted 'On or before the first Monday after January 3 of each year (or on or before February 5 in 1986)' for 'During the first 15 days of each regular session of Congress'. Subsec. (f). Pub. L. 99-177, Sec. 241(b), 275(b), temporarily added subsec. (f). See Effective and Termination Dates of 1985 Amendment note below. 1984 - Subsec. (e). Pub. L. 98-501 added subsec. (e). 1983 - Subsec. (a)(25). Pub. L. 97-452 added par. (25). EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and repealed on date 5 years after Nov. 18, 1988, see section 1506 of Title 21, Food and Drugs, and section 1012 of Pub. L. 100-690, set out as an Effective Date note under section 1501 of Title 21. Section 5303 of Pub. L. 100-418 provided that: 'The amendment made by section 5301 (amending this section) shall be effective for fiscal years 1989, 1990, 1991, and 1992, and shall be fully reflected in the budgets submitted by the President as required by section 1105(a) of title 31, United States Code, for each such fiscal year, and the amendment made by section 5302 (amending section 632 of Title 2, The Congress) shall be effective for fiscal years 1989, 1990, 1991, and 1992.' Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment note under section 5 of Pub. L. 95-452 (Inspector General Act of 1978) in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Amendment of subsec. (a) and enactment of subsec. (f) of this section by Pub. L. 99-177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, but with subsec. (f) to expire Sept. 30, 1995, see section 275(a)(1), (b) of Pub. L. 99-177, as amended, set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress. NASA TRIENNIAL BUDGET REQUESTS AND ESTIMATES Pub. L. 100-685, title I, Sec. 104, Nov. 17, 1988, 102 Stat. 4086, provided that: 'Commencing in fiscal year 1990 and every year thereafter, the President shall submit to Congress a budget request for the National Aeronautics and Space Administration for the immediate fiscal year and the following fiscal year, and include budget estimates for the third fiscal year.' TWO-YEAR BUDGET CYCLE FOR COAST GUARD Pub. L. 100-448, Sec. 24, Sept. 28, 1988, 102 Stat. 1847, provided that: '(a) Opinion of Congress. - It is the opinion of the Congress that the programs and activities of the Coast Guard could be more effectively and efficiently planned and managed if funds for the Coast Guard were provided on a 2-year cycle rather than annually. '(b) Submission of 2-Year Budget by President. - The President shall include in the budget for fiscal year 1990 submitted to the Congress pursuant to section 1105 of title 31, United States Code, a single proposed budget for the Coast Guard for fiscal years 1990 and 1991. Thereafter, the President shall submit a proposed 2-year budget for the Coast Guard every other year. '(c) Report. - Not later than October 1, 1988, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives a report containing - '(1) the Secretary's views on the advantages and disadvantages of operating the Coast Guard on a 2-year budget cycle; '(2) the Secretary's plans for converting to a 2-year budget cycle; and '(3) a description of any impediments (statutory or otherwise) to converting the operations of the Coast Guard to a 2-year budget cycle beginning with fiscal year 1990.' WATER AND SEWER SERVICES FURNISHED TO GOVERNMENT FACILITIES IN DISTRICT OF COLUMBIA Pub. L. 100-202, Sec. 101(c) (title I, Sec. 136), Dec. 22, 1987, 101 Stat. 1329-90, 1329-102, provided that: 'After the effective date of this Joint Resolution (Dec. 22, 1987), the President shall include, without change, in each annual budget submitted to the Congress under section 1105 of title 31, United States Code, the values estimated by the Mayor of the District of Columbia for water and water services and sanitary sewer services furnished to facilities of the United States Government under sections 106 and 212 of the District of Columbia Public Works Act of 1954, as amended (D.C. Code, sections 43-1552, 43-1612).' TWO-YEAR BUDGET CYCLE FOR DEPARTMENT OF DEFENSE Pub. L. 99-145, title XIV, Sec. 1405, Nov. 8, 1985, 99 Stat. 744, provided that: '(a) Findings. - The Congress finds that the programs and activities of the Department of Defense could be more effectively and efficiently planned and managed if funds for the Department were provided on a two-year cycle rather than annually. '(b) Requirement for Two-Year Budget Proposal. - The President shall include in the budget submitted to the Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 1988 a single proposed budget for the Department of Defense and related agencies for fiscal years 1988 and 1989. Thereafter, the President shall submit a proposed two-year budget for the Department of Defense and related agencies every other year. '(c) Report. - Not later than April 1, 1986, the Secretary of Defense shall submit to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a report containing the Secretary's views on the following: '(1) The advantages and disadvantages of operating the Department of Defense and related agencies on a two-year budget cycle. '(2) The Secretary's plans for converting to a two-year budget cycle. '(3) A description of any impediments (statutory or otherwise) to converting the operations of the Department of Defense and related agencies to a two-year budget cycle beginning with fiscal year 1988.' FEDERAL CAPITAL INVESTMENT PROGRAM; CONGRESSIONAL STATEMENT OF PURPOSES Section 202 of Pub. L. 98-501 provided that: 'The purposes of this title (amending this section and enacting provisions set out as notes under this section and section 1101 of this title) are - '(1) to provide budget projections for major Federal capital investment programs; '(2) to provide a summary of the most recent needs assessment analyses for these programs; '(3) to provide information on the sensitivity of the needs estimates to major policy issues and technical and economic variables; '(4) to assist the planning capabilities of State and local governments on the assessment of major capital investment programs; and '(5) to improve legislative oversight over Federal capital investment programs.' -EXEC- EX. ORD. NO. 6715. FILING OF FUNCTIONAL ORGANIZATION CHARTS WITH THE DIRECTOR OF THE BUREAU OF THE BUDGET Ex. Ord. No. 6715, May 23, 1934, provided: (1) Each executive department, independent establishment, and emergency agency shall file with the Director of the Bureau of the Budget (now Director of Office of Management and Budget) a functional organization chart, indicating its various existing bureaus, divisions, sections, etc., and containing a description of the functions respectively performed, and shall file such additional charts from time to time, as may be necessary to show all changes made therein. (2) Every executive department, independent establishment, and emergency agency hereafter created shall within 5 days after the appointment of the head thereof file a preliminary functional organization chart with the Director of the Bureau of the Budget. (3) The Director of the Bureau of the Budget is hereby authorized to prescribe, subject to the approval of the President, such rules and regulations as will indicate the information desired and the form of chart to be furnished. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1104, 1106, 1107, 1554, 6503, 9103, 9109 of this title; title 2 sections 632, 655, 665b, 900, 901, 904; title 5 sections 1204, 8472; title 10 sections 113, 114, 119, 138, 1465, 1741, 2006, 2217, 2350a, 2431, 2433, 2437, 2508, 2509, 2703, 2706, 2859, 2891, 2902; title 14 section 692; title 15 sections 1022, 2935, 4626; title 16 section 663; title 20 section 241-1; title 21 sections 1502, 1502a, 1509; title 25 sections 1621, 1631, 1632, 1680d, 2011, 2505; title 29 section 762a; title 38 sections 210, 1834, 4001, 4118, 5010, 5011, 5022; title 39 section 2009; title 40 sections 904, 908; title 42 sections 1395w-1, 2286e, 7271b, 7274c; title 50 sections 404a, 404b. ------DocID 39242 Document 142 of 536------ -CITE- 31 USC Sec. 1106 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1106. Supplemental budget estimates and changes -STATUTE- (a) Before July 16 of each year, the President shall submit to Congress a supplemental summary of the budget for the fiscal year for which the budget is submitted under section 1105(a) of this title. The summary shall include - (1) for that fiscal year - (A) substantial changes in or reappraisals of estimates of expenditures and receipts; (B) substantial obligations imposed on the budget after its submission; (C) current information on matters referred to in section 1105(a)(8) and (9)(B) and (C) of this title; and (D) additional information the President decides is advisable to provide Congress with complete and current information about the budget and current estimates of the functions, obligations, requirements, and financial condition of the United States Government; (2) for the 4 fiscal years following the fiscal year for which the budget is submitted, information on estimated expenditures for programs authorized to continue in future years, or that are considered mandatory, under law; and (3) for future fiscal years, information on estimated expenditures of balances carried over from the fiscal year for which the budget is submitted. (b) Before July 16 of each year, the President shall submit to Congress a statement of changes in budget authority requested, estimated budget outlays, and estimated receipts for the fiscal year for which the budget is submitted (including prior changes proposed for the executive branch of the Government) that the President decides are necessary and appropriate based on current information. The statement shall include the effect of those changes on the information submitted under section 1105(a)(1)-(14) and (b) of this title and shall include supporting information as practicable. The statement submitted before July 16 may be included in the information submitted under subsection (a)(1) of this section. (c) Subsection (f) of section 1105 shall apply to revisions and supplemental summaries submitted under this section to the same extent that such subsection applies to the budget submitted under section 1105(a) to which such revisions and summaries relate. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 99-177, title II, Sec. 242, Dec. 12, 1985, 99 Stat. 1063.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 275(b) of Pub. L. 99-177, as amended, see Effective and Termination Dates of 1985 Amendment note below. -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1106(a) 31:11(b), (c). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 201(b), (c); added Aug. 25, 1958, Pub. L. 85- 759, Sec. 1, 72 Stat. 852; restated Oct. 26, 1970, Pub. L. 91-510, Sec. 221(b), 84 Stat. 1169; July 12, 1974, Pub. L. 93- 344, Sec. 602, 88 Stat. 324. 1106(b) 31:11(g)(1st-3d June 10, 1921, ch. sentences). 18, 42 Stat. 20, Sec. 201(g)(1st-3d sentences); added July 12, 1974, Pub. L. 93-344, Sec. 601, 88 Stat. 323. ------------------------------- In subsection (a), before clause (1), the words 'Before July 16' are substituted for 'on or before July 15' for consistency. The words 'budget for the fiscal year for which the budget is submitted' are substituted for 'Budget for the ensuing fiscal year transmitted to the Congress by the President' to eliminate unnecessary words and for consistency in the chapter. The words 'in such form and detail as he may determine' are omitted as unnecessary. In clause (1)(D), the words 'in summary form' and 'summary of' are omitted as unnecessary. The word 'necessary' is omitted as being included in 'advisable'. In clauses (2) and (3), the word 'information' is substituted for 'summaries' because of the restatement. In clause (2), the words 'programs authorized to continue in future years, or that are considered mandatory, under law' are substituted for 'continuing programs which have a legal commitment for future years or are considered mandatory under existing law' for consistency. In subsection (b), the words 'Before April 11 and July 16' are substituted for 'on or before April 10 and July 15', the word 'changes' is substituted for 'all amendments to or revisions in', and the words 'budget outlays' are substituted for 'outlays', the words 'fiscal year for which the budget is submitted' are substituted for 'ensuing fiscal year set forth in the Budget transmitted pursuant to subsection (a) of this section', for consistency. The word 'information' is substituted for 'summary data' because of the restatement. AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-177, Sec. 242(a), struck out 'April 11 and' before 'July 16'. Subsec. (c). Pub. L. 99-177, Sec. 242(b), 275(b), temporarily added subsec. (c). See Effective and Termination Dates of 1985 Amendment note below. EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, but with subsec. (c) to expire Sept. 30, 1995, see section 275(a)(1), (b) of Pub. L. 99-177, as amended, set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress. ------DocID 39243 Document 143 of 536------ -CITE- 31 USC Sec. 1107 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1107. Deficiency and supplemental appropriations -STATUTE- The President may submit to Congress proposed deficiency and supplemental appropriations the President decides are necessary because of laws enacted after the submission of the budget or that are in the public interest. The President shall include the reasons for the submission of the proposed appropriations and the reasons the proposed appropriations were not included in the budget. When the total proposed appropriations would have required the President to make a recommendation under section 1105(c) of this title if they had been included in the budget, the President shall make a recommendation under that section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 911.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1107 31:14. June 10, 1921, ch. 18, Sec. 203, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, Sec. 102(b), 64 Stat. 833. ------------------------------- In the section, the words 'reach an aggregate which' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1104 of this title. ------DocID 39244 Document 144 of 536------ -CITE- 31 USC Sec. 1108 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1108. Preparation and submission of appropriations requests to the President -STATUTE- (a) In this section (except subsections (b)(1) and (e)), 'agency' means a department, agency, or instrumentality of the United States Government. (b)(1) The head of each agency shall prepare and submit to the President each appropriation request for the agency. The request shall be prepared and submitted in the form prescribed by the President under this chapter and by the date established by the President. When the head of an agency does not submit a request by that date, the President shall prepare the request for the agency to be included in the budget or changes in the budget or as deficiency and supplemental appropriations. The President may change agency appropriation requests. Agency appropriation requests shall be developed from cost-based budgets in the way and at times prescribed by the President. The head of the agency shall use the cost-based budget to administer the agency and to divide appropriations or amounts. (2) An officer or employee of an agency in the executive branch may submit to the President or Congress a request for legislation authorizing deficiency or supplemental appropriations for the agency only with the approval of the head of the agency. (c) The head of an agency shall include with an appropriation request submitted to the President a report that the statement of obligations submitted with the request contains obligations consistent with section 1501 of this title. The head of the agency shall support the report with a certification of the consistency and shall support the certification with records showing that the amounts have been obligated. The head of the agency shall designate officials to make the certifications, and those officials may not delegate the duty to make the certifications. The certifications and records shall be kept in the agency - (1) in a form that makes audits and reconciliations easy; and (2) for a period necessary to carry out audits and reconciliations. (d) To the extent practicable, the head of an agency shall - (1) provide information supporting the agency's budget request for its missions by function and subfunction (including the mission of each organizational unit of the agency); and (2) relate the agency's programs to its missions. (e) Except as provided in subsection (f) of this section, an officer or employee of an agency (as defined in section 1101 of this title) may submit to Congress or a committee of Congress an appropriations estimate or request, a request for an increase in that estimate or request, or a recommendation on meeting the financial needs of the Government only when requested by either House of Congress. (f) The Interstate Commerce Commission shall submit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the President or the Office of Management and Budget. An officer of an agency may not impose conditions on or impair communication by the Commission with Congress, or a committee or member of Congress, about the information. (g) Amounts available under law are available for field examinations of appropriation estimates. The use of the amounts is subject only to regulations prescribed by the appropriate standing committees of Congress. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 912.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1108(a) (no source). 1108(b)(1) 31:16(last sentence June 10, 1921, ch. related to 18, Sec. 207(last appropriations sentence related to requests). appropriations requests), 42 Stat. 22; restated Sept. 12, 1950, ch. 946, Sec. 102(e), 64 Stat. 833; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 31:22, 23. June 10, 1921, ch. 18, Sec. 214, 215, 42 Stat. 23; restated Sept. 12, 1950, ch. 946, Sec. 102(f), (g), 64 Stat. 833; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 31:24(a). June 10, 1921, ch. 18, Sec. 216(a), 42 Stat. 23; restated Sept. 12, 1950, ch. 946, Sec. 102(h), 64 Stat. 834; Aug. 1, 1956, ch. 814, Sec. 1(b), 70 Stat. 782; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 31:24(b), (c). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 216(b), (c); added Aug. 1, 1956, ch. 814, Sec. 1(b), 70 Stat. 782. 1108(b)(2) 31:581b. Sept. 12, 1950, ch. 946, Sec. 201, 64 Stat. 838; Reorg. Plan. No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 1108(c) 31:200(b). Aug. 26, 1954, ch. 935, Sec. 1311(b), 68 Stat. 830; restated July 8, 1959, Pub. L. 86- 79, Sec. 210(a), 73 Stat. 167; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 31:200(c). Aug. 26, 1954, ch. 935, Sec. 1311(c), 68 Stat. 831. 1108(d) 31:11(i)(last June 10, 1921, ch. sentence). 18, 42 Stat. 20, Sec. 201(i)(last sentence); added July 12, 1974, Pub. L. 93-344, Sec. 601, 88 Stat. 323. 1108(e) 31:15. June 10, 1921, ch. 18, Sec. 206, 42 Stat. 21. 1108(f) 31:11(j). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 201(j); added Feb. 5, 1976, Pub. L. 94-210, Sec. 311, 90 Stat. 60. 1108(g) 31:22a. Aug. 7, 1953, ch. 340, Sec. 1314, 67 Stat. 438. ------------------------------- Subsection (a) is included because the source provisions restated in subsections (c), (d), (f), and (g) of the revised section are derived from laws that apply to all organizational units and branches of the United States Government rather than the units and branches included in the chapter-wide definition in section 1101. In subsection (b)(1), the word 'President' is substituted for 'Office' in 31:16(last sentence) and 'Office of Management and Budget' in 31:23 and 24(a) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words 'prepare' is substituted for 'prepare or cause to be prepared' in 31:22 to eliminate unnecessary words. The word 'appropriations' is substituted for 'regular, supplementary, or deficiency appropriations' in 31:22 and 24(a) to eliminate unnecessary words. The words 'in each year' are omitted as surplus. The words 'in the form prescribed by the President under this chapter and by the date established by the President' are substituted for 'on or before a date which the President shall determine' in 31:23, and 'as the President may determine in accordance with the provisions of section 11 of this title' and 'in such manner and at such times as may be determined by the President' in 31:24, to eliminate unnecessary words and to provide a cross-reference to the authority of the President to prepare and submit budgets and appropriations request. The words 'prepare the request for the agency to be included in the budget or changes in the budget or as deficiency or supplemental appropriations' are substituted for 'cause such requests to be prepared as are necessary to enable him to include such requests with the Budget in respect to the work of such department or establishment' in 31:23 for clarity and because of the restatement. The word 'change' is substituted for 'assemble, correlate, revise, reduce, or increase' in 31:16(last sentence) to eliminate unnecessary words. The words 'The head of the agency shall use' are substituted for 'shall be used by all departments and establishments and their subordinate units' and 'shall be made on the basis of' in 31:24 as being more precise. The word 'operation' is omitted as being included in 'administer'. The word 'amounts' is substituted for 'funds' for consistency in the revised title. The word 'divide' is substituted for 'administrative subdivisions' because of the restatement. In subsection (b)(2), the words 'deficiency or supplemental appropriations' are substituted for 'subsequent appropriations' for consistency. The words 'the Office of Management and Budget' are omitted because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words 'the agency' are substituted for 'by such department or establishment, or by any organization unit thereof' to eliminate unnecessary words. In subsection (c), before clause (1), the word 'President' is substituted for 'Office of Management and Budget' in 31:200(b) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words 'submitted with the request contains obligations consistent with' are substituted for 'furnished therewith consists of valid obligations as defined in' for clarity and because of the restatement. The words 'The head of the agency shall support the report with a certification of the consistency' are substituted for 'Each report made pursuant to subsection (b) of this section shall be supported by certifications' in 31:200(c) for clarity. The words 'duty to make certifications' are substituted for 'responsibility' for consistency. In subsection (d)(1), the words 'its missions' are substituted for 'its assigned mission', and the words 'the mission' are substituted for 'mission responsibilities', to eliminate unnecessary words. In subsection (d)(2), the word 'mission' is substituted for 'agency missions' to eliminate unnecessary words. In subsection (e), the words 'Except as provided in subsection (f) of this section' are added because of the restatement. The word 'financial' is substituted for 'revenue' for consistency in the revised title. In subsection (f), the word 'personnel' is substituted for 'manpower', and the words 'at the same time' are substituted for 'concurrently', for clarity. The words 'officer of an agency' are substituted for 'officer or agency' as being more precise. The word 'prohibit' is omitted as being included in 'impose conditions on or impair'. The word 'communication' is substituted for 'free communication' to eliminate a surplus word. The words 'about the information' are substituted for 'with respect to any budget estimate or request of the Commission' for consistency and to eliminate unnecessary words. In subsection (g), the word 'Amounts' is substituted for 'Funds', the word 'law' is substituted for 'Act', and the words 'regulations prescribed' are substituted for 'regulations', for consistency in the revised title. The words 'of Congress' are added for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1554, 3512 of this title; title 15 section 2935; title 19 section 2345; title 40 section 903; title 49 App. section 1602. ------DocID 39245 Document 145 of 536------ -CITE- 31 USC Sec. 1109 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1109. Current programs and activities estimates -STATUTE- (a) On or before the first Monday after January 3 of each year (on or before February 5 in 1986), the President shall submit to both Houses of Congress the estimated budget outlays and proposed budget authority that would be included in the budget for the following fiscal year if programs and activities of the United States Government were carried on during that year at the same level as the current fiscal year without a change in policy. The President shall state the estimated budget outlays and proposed budget authority by function and subfunction under the classifications in the budget summary table under the heading 'Budget Authority and Outlays by Function and Agency', by major programs in each function, and by agency. The President also shall include a statement of the economic and program assumptions on which those budget outlays and budget authority are based, including inflation, real economic growth, and unemployment rates, program caseloads, and pay increases. (b) The Joint Economic Committee shall review the estimated budget outlays and proposed budget authority and submit an economic evaluation of the budget outlays and budget authority to the Committees on the Budget of both Houses before March 1 of each year. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913; Pub. L. 99-177, title II, Sec. 222, Dec. 12, 1985, 99 Stat. 1060.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1109(a) 31:11a(a). July 12, 1974, Pub. L. 93-344, Sec. 605, 88 Stat. 325. 1109(b) 31:11a(b). ------------------------------- In the section, the words 'budget outlays' are substituted for 'outlays' for consistency in the revised title. In subsection (a), the words 'Before November 11' are substituted for 'On or before November 10', the words 'both Houses of Congress' are substituted for 'the Senate and the House of Representatives', the word 'following' is substituted for 'ensuing', and the word 'current' is substituted for 'in progress', for consistency. The words '(beginning with 1975)' are omitted as executed. The words 'of the United States Government' are added for clarity. The words 'in such programs and activities' are omitted as surplus. The words 'The President shall state' are substituted for 'shall be shown', and the words 'The President also shall include' are substituted for 'Accompanying these estimates shall be', because of the restatement. In subsection (b), the words 'so submitted' are omitted as unnecessary. The words 'before January 1' are substituted for 'on or before December 31' for consistency. AMENDMENTS 1985 - Subsec. (a). Pub. L. 99-177, Sec. 222(a), substituted 'On or before the first Monday after January 3 of each year (on or before February 5 in 1986)' for 'Before November 11 of each year'. Subsec. (b). Pub. L. 99-177, Sec. 222(b), substituted 'March 1' for 'January 1'. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99-177, set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress. ------DocID 39246 Document 146 of 536------ -CITE- 31 USC Sec. 1110 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1110. Year-ahead requests for authorizing legislation -STATUTE- A request to enact legislation authorizing new budget authority to continue a program or activity for a fiscal year shall be submitted to Congress before May 16 of the year before the year in which the fiscal year begins. If a new program or activity will continue for more than one year, the request must be submitted for at least the first and 2d fiscal years. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1110 31:11c. July 12, 1974, Pub. L. 93-344, Sec. 607, 88 Stat. 325. ------------------------------- The words 'Notwithstanding any other provision of law' are omitted as unnecessary. The words 'the enactment of' before 'new' are omitted as surplus. The words '(beginning with the fiscal year commencing October 1, 1976)' are omitted as executed. The words 'a request for the enactment of legislation authorizing the enactment of new budget authority for' are omitted for consistency in the chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 43 section 1748. ------DocID 39247 Document 147 of 536------ -CITE- 31 USC Sec. 1111 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1111. Improving economy and efficiency -STATUTE- To improve economy and efficiency in the United States Government, the President shall - (1) make a study of each agency to decide, and may send Congress recommendations, on changes that should be made in - (A) the organization, activities, and business methods of agencies; (B) agency appropriations; (C) the assignment of particular activities to particular services; and (D) regrouping of services; and (2) evaluate and develop improved plans for the organization, coordination, and management of the executive branch of the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1111 31:18. June 10, 1921, ch. 18, Sec. 209, 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 31:18a. Sept. 12, 1950, ch. 946, Sec. 104, 64 Stat. 834; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. ------------------------------- In the section, before clause (1), the words 'To improve economy and efficiency in the United States Government' are substituted for '(with a view of securing greater economy and efficiency in the conduct of the public service)' in 31:18 and 'with a view to efficient and economical service' in 31:18a to eliminate unnecessary words. The word 'President' is substituted for 'Office of Management and Budget, when directed by the President' in 31:18 and 'President, through the Director of the Office of Management and Budget' in 31:18a because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In clause (1), the words 'existing' and 'detailed' are omitted as surplus. ------DocID 39248 Document 148 of 536------ -CITE- 31 USC Sec. 1112 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1112. Fiscal, budget, and program information -STATUTE- (a) In this section, 'agency' means a department, agency, or instrumentality of the United States Government except a mixed-ownership Government corporation. (b) In cooperation with the Comptroller General, the Secretary of the Treasury and the Director of the Office of Management and Budget shall establish and maintain standard data processing and information systems for fiscal, budget, and program information for use by agencies to meet the needs of the Government, and to the extent practicable, of State and local governments. (c) The Comptroller General - (1) in cooperation with the Secretary, the Director of the Office of Management and Budget, and the Director of the Congressional Budget Office, shall establish, maintain, and publish standard terms and classifications for fiscal, budget, and program information of the Government, including information on fiscal policy, receipts, expenditures, programs, projects, activities, and functions; (2) when advisable, shall report to Congress on those terms and classifications, and recommend legislation necessary to promote the establishment, maintenance, and use of standard terms and classifications by the executive branch of the Government; and (3) in carrying out this subsection, shall give particular consideration to the needs of the Committees on Appropriations and on the Budget of both Houses of Congress, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office. (d) Agencies shall use the standard terms and classifications published under subsection (c)(1) of this section in providing fiscal, budget, and program information to Congress. (e) In consultation with the President, the head of each executive agency shall take actions necessary to achieve to the extent possible - (1) consistency in budget and accounting classifications; (2) synchronization between those classifications and organizational structure; and (3) information by organizational unit on performance and program costs to support budget justifications. (f) In cooperation with the Director of the Congressional Budget Office, the Comptroller General, and appropriate representatives of State and local governments, the Director of the Office of Management and Budget (to the extent practicable) shall provide State and local governments with fiscal, budget, and program information necessary for accurate and timely determination by those governments of the impact on their budgets of assistance of the United States Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1112(a) 31:1157. Oct. 26, 1970, Pub. L. 91-510, Sec. 207, 84 Stat. 1168. 1112(b) 31:1151. Oct. 26, 1970, Pub. L. 91-510, Sec. 201, 202(a), (b), 203(d), 84 Stat. 1167, 1168; restated July 12, 1974, Pub. L. 93- 344, Sec. 801(a), 88 Stat. 327, 328, 329. 1112(c) 31:1152(a)(1)(1st, 2d sentences), (2), (b). 1112(d) 31:1152(a)(1)(last sentence). 1112(e) 31:18c. Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 106; added Aug. 1, 1956, ch. 814, Sec. 2(a), 70 Stat. 782; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 1112(f) 31:1153(d). ------------------------------- In the section, the words 'program information' are substituted for 'program-related data and information' to eliminate unnecessary words. In subsection (a), the words ' 'agency' . . . of the United States Government except a mixed-ownership Government corporation' are substituted for ' 'Federal agency' . . . wholly owned Government corporation' for clarity and consistency in the revised title and with other titles of the United States Code. The word 'establishment' is omitted as surplus. The words 'government of the District of Columbia' are omitted as superseded by sections 441-455, 501, and 736 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 798, 812, 823). In subsections (b) and (c)(1), the word 'develop' is omitted as being included in 'establish'. In subsection (b), the words 'The development, establishment, and maintenance of such systems shall be carried out so as' are omitted as unnecessary because of the restatement. In subsection (c)(1) and (2), the words 'terms and classifications' are substituted for 'terminology, definitions, classifications, and codes' to eliminate unnecessary words. In clause (1), the words 'The authority contained in this section shall include, but not be limited to' are omitted as surplus. In clause (2), the words 'After June 30, 1975' are omitted as executed. The word 'additional' is omitted as surplus. The words 'establishment, maintenance, and use of' are substituted for 'development, establishment, and maintenance, modification . . . implementation' to eliminate unnecessary words and for consistency in the revised section. The words 'by the executive branch of the Government' are substituted for 'executive' for clarity. The text of 31:1152(a)(2)(1st sentence) is omitted as executed. In clause (3), the words 'this subsection' are substituted for 'this responsibility' because of the restatement. In subsection (c)(1), the word 'revenues' is omitted as being included in 'receipts'. The word 'spending' is substituted for 'expenditures' for consistency in the revised title. In subsection (e), the word 'President' is substituted for 'Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 719, 1113 of this title. ------DocID 39249 Document 149 of 536------ -CITE- 31 USC Sec. 1113 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1113. Congressional information -STATUTE- (a)(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. (b) When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall - (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. (c) In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall - (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory. (d) To the extent they consider necessary, the Comptroller General and the Director of the Congressional Budget Office individually or jointly shall establish and maintain a file of information to meet recurring needs of Congress for fiscal, budget, and program information to carry out this section and sections 717 and 1112 of this title. The file shall include information on budget requests, congressional authorizations to obligate and expend, apportionment and reserve actions, and obligations and expenditures. The Comptroller General and the Director shall maintain the file and an index to the file so that it is easier for the committees and agencies of Congress to use the file and index through data processing and communications techniques. (e)(1) The Comptroller General shall - (A) carry out a continuing program to identify the needs of committees and members of Congress for fiscal, budget, and program information to carry out this section and section 1112 of this title; (B) assist committees of Congress in developing their information needs; (C) monitor recurring reporting requirements of Congress and committees; and (D) make recommendations to Congress and committees for changes and improvements in those reporting requirements to meet information needs identified by the Comptroller General, to improve their usefulness to congressional users, and to eliminate unnecessary reporting. (2) Before September 2 of each year, the Comptroller General shall report to Congress on - (A) the needs identified under paragraph (1)(A) of this subsection; (B) the relationship of those needs to existing reporting requirements; (C) the extent to which reporting by the executive branch of the United States Government currently meets the identified needs; (D) the changes to standard classifications necessary to meet congressional needs; (E) activities, progress, and results of the program of the Comptroller General under paragraph (1)(B)-(D) of this subsection; and (F) progress of the executive branch in the prior year. (3) Before March 2 of each year, the Director of the Office of Management and Budget and the Secretary shall report to Congress on plans for meeting the needs identified under paragraph (1)(A) of this subsection, including - (A) plans for carrying out changes to classifications to meet information needs of Congress; (B) the status of information systems in the prior year; and (C) the use of standard classifications. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 914; Pub. L. 97-452, Sec. 1(3), Jan. 12, 1983, 96 Stat. 2467.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1113(a) 31:20. June 10, 1921, ch. 18, Sec. 212, 42 Stat. 23; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 1113(b)- (d) 31:1153(a)-(c). Oct. 26, 1970, Pub. L. 91-510, Sec. 203(a)-(c), 84 Stat. 1168; restated July 12, 1974, Pub. L. 93- 344, Sec. 801(a), 88 Stat. 328. 1113(e)(1) 31:1152(c), (d). Oct. 26, 1970, Pub. L. 91-510, Sec. 202(c)-(f), 84 Stat. 1167; restated July 12, 1974, Pub. L. 93- 344, Sec. 801(a), 88 Stat. 328. 1113(e)(2) 31:1152(e). 1113(e)(3) 31:1152(f). ------------------------------- In the section, the words 'committee of Congress' are substituted for 'committee of either House, of any joint committee of the two Houses' and variations of the substituted phrase to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. In subsection (a), the word 'President' is substituted for 'Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The word 'assistance' is substituted for 'aid', and the word 'receipts' is substituted for 'revenue', for consistency in the revised title. In subsections (b)-(d), the words 'program information' are substituted for 'program-related data and information' to eliminate unnecessary words. In subsection (b)(1) and (3), the words 'to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office' are omitted as unnecessary because of the restatement. In clause (1), the word 'kind' is substituted for 'nature' for consistency in the revised title. In clause (2), the words 'that fiscal, budgetary, and program information' are substituted for 'such data and information' because of the restatement. In subsection (c), the word 'inventory' is omitted as unnecessary. In clause (1), the word 'develop' is omitted as being included in 'establish'. In clause (2), the word 'obtaining' is substituted for 'securing' as being more precise. In clause (3), the word 'evaluating' is substituted for 'appraising and analyzing' for clarity and to eliminate unnecessary words. In subsection (d), the words 'individually or jointly . . . file' are substituted for 'central file or files' for clarity. The word 'information' is substituted for 'data and information', and the word 'needs' is substituted for 'requirements', for consistency in the section. The words 'carry out' are substituted for 'carry out the purposes of' because of the restatement. A cross reference to 31:1155-1156 is not included because those sections are not relevant to the information file described in the source provisions. The words 'so that it is easier' are substituted for 'facilitate' for clarity. The word 'modern' is omitted as surplus. In subsection (e)(1)(A), the word 'specify' is omitted as being included in 'identify'. The words 'carry out' are substituted for 'support the objectives' for consistency. A cross reference to 31:1154-1156 is not included because those sections are not relevant to the continuing program described in the source provisions. In clause (B), the words 'including such needs expressed in legislative requirements' are omitted as surplus. In clause (D), the word 'duplicative' is omitted as being included in 'unnecessary'. In subsection (e)(2), the words 'Before September 2 of each year' are subtituted for 'On or before September 1, 1974, and each year thereafter' for consistency. In subsection (e)(3), the words 'Before March 2 of each year are substituted for 'On or before March 1, 1975, and each year thereafter' for consistency. The word 'codes' is omitted as being included in 'classifications'. The words 'information systems' are substituted for 'systems', and the words 'use of standard classifications' are substituted for 'classification implementations', for consistency in the revised section. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1113(e)(2) 31 App.:11(k)(2). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 201(k)(2); added Sept. 8, 1982, Pub. L. 97- 255, Sec. 3, 96 Stat. 815. ------------------------------- AMENDMENTS 1983 - Subsec. (a). Pub. L. 97-452 redesignated existing provision as par. (1) and added par. (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 719 of this title. ------DocID 39250 Document 150 of 536------ -CITE- 31 USC Sec. 1114 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 11 -HEAD- Sec. 1114. Budget information on consulting services -STATUTE- (a) The head of each agency shall include in the budget justification for the agency submitted each year to the Committees on Appropriations of both Houses of Congress - (1) amounts requested for consulting services; (2) the appropriation accounts from which the amounts are to be paid; and (3) a description of the need for the consulting services, including a list of the major programs requiring those services. (b) The Inspector General or comparable official of each agency shall submit to Congress each year, with the budget justification for the agency, an evaluation of the progress of the agency in establishing effective management controls and improving the accuracy and completeness of the information provided to the Federal Procurement Data System on contracts for consulting services. If the agency does not have an Inspector General or comparable official, the head of the agency or officer or employee designated by the head of the agency shall submit the evaluation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 916.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1114 31:28. July 8, 1980, Pub. L. 96-304, Sec. 307, 94 Stat. 928. Oct. 9, 1980, Pub. L. 96-400, Sec. 323(b), (c), 94 Stat. 1699. Oct. 13, 1980, Pub. L. 96-436, Sec. 126, 94 Stat. 1869. Dec. 12, 1980, Pub. L. 96-514, Sec. 309(b), (c), 94 Stat. 2984. Dec. 15, 1980, Pub. L. 96-528, Sec. 616, 94 Stat. 3117. Dec. 23, 1981, Pub. L. 97-102, Sec. 318, 95 Stat. 1461. ------------------------------- In the section, the words 'For fiscal year 1982 and thereafter' are omitted as unnecessary because of the restatement. In subsection (b), the words 'officer or employee designated' are substituted for 'designee' for consistency in the revised title and with other titles of the United States Code. ------DocID 39251 Document 151 of 536------ -CITE- 31 USC CHAPTER 13 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 -HEAD- CHAPTER 13 - APPROPRIATIONS -MISC1- SUBCHAPTER I - GENERAL Sec. 1301. Application. 1302. Determining amounts appropriated. 1303. Effect of changes in titles of appropriations. 1304. Judgments, awards, and compromise settlements. 1305. Miscellaneous permanent appropriations. 1306. Use of foreign credits. 1307. Public building construction. 1308. Telephone and metered services. 1309. Social security tax. 1310. Appropriations for private organizations. SUBCHAPTER II - TRUST FUNDS AND REFUNDS 1321. Trust funds. 1322. Payments of unclaimed trust fund amounts and refund of amounts erroneously deposited. 1323. Trust funds for certain fees, donations, quasi-public amounts, and unearned amounts. 1324. Refund of internal revenue collections. SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES 1341. Limitations on expending and obligating amounts. 1342. Limitation on voluntary services. 1343. Buying and leasing passenger motor vehicles and aircraft. 1344. Passenger carrier use. 1345. Expenses of meetings. 1346. Commissions, councils, boards, and interagency and similar groups. 1347. Appropriations or authorizations required for agencies in existence for more than one year. 1348. Telephone installation and charges. 1349. Adverse personnel actions. 1350. Criminal penalty. 1351. Reports on violations. 1352. Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. 1353. Acceptance of travel and related expenses from non-Federal sources. AMENDMENTS 1990 - Pub. L. 101-280, Sec. 4(b)(2), May 4, 1990, 104 Stat. 157, redesignated item 1352 'Acceptance of travel and related expenses from non-Federal sources' as 1353. 1989 - Pub. L. 101-194, title III, Sec. 302(b), Nov. 30, 1989, 103 Stat. 1746, added item 1352 'Acceptance of travel and related expenses from non-Federal sources'. Pub. L. 101-121, title III, Sec. 319(a)(2), Oct. 23, 1989, 103 Stat. 756, added item 1352 'Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions'. 1986 - Pub. L. 99-550, Sec. 1(b), Oct. 27, 1986, 100 Stat. 3070, substituted 'Passenger carrier use' for 'Passenger motor vehicle and aircraft use' in item 1344. ------DocID 39252 Document 152 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL ------DocID 39253 Document 153 of 536------ -CITE- 31 USC Sec. 1301 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1301. Application -STATUTE- (a) Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law. (b) The reappropriation and diversion of the unexpended balance of an appropriation for a purpose other than that for which the appropriation originally was made shall be construed and accounted for as a new appropriation. The unexpended balance shall be reduced by the amount to be diverted. (c) An appropriation in a regular, annual appropriation law may be construed to be permanent or available continuously only if the appropriation - (1) is for rivers and harbors, lighthouses, public buildings, or the pay of the Navy and Marine Corps; or (2) expressly provides that it is available after the fiscal year covered by the law in which it appears. (d) A law may be construed to make an appropriation out of the Treasury or to authorize making a contract for the payment of money in excess of an appropriation only if the law specifically states that an appropriation is made or that such a contract may be made. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1301(a) 31:628. R.S. Sec. 3678. 1301(b) 31:717. Mar. 4, 1915, ch. 147, Sec. 4, 38 Stat. 1161. 1301(c) 31:718. Aug. 24, 1912, ch. 355, Sec. 7, 37 Stat. 487; Mar. 3, 1919, ch. 99, Sec. 6(last sentence), 40 Stat. 1309. 1301(d) 31:627. June 30, 1906, ch. 3914, Sec. 9, 34 Stat. 764. ------------------------------- In subsection (a), the word 'Appropriations' is substituted for 'sums appropriated for the various branches of expenditure in the public service' to eliminate unnecessary words. The words 'they are respectively' and 'and for no others' are omitted as surplus. The words 'except as otherwise provided by law' are substituted for 'All' in section 3678 of the Revised Statutes to inform the reader that there are exceptions to the source provisions restated in the subsection. In subsection (c), before clause (1), the words 'specific or indefinite' are omitted as surplus. The words 'made subsequent to August 24, 1912' are omitted as executed. The words 'without reference to a fiscal year' are omitted as surplus. In clause (1), the words 'is for' are substituted for 'belongs to one of the following four classes' to eliminate unnecessary words. The words 'last specifically named in and excepted from the operation of the provisions of section 713 of this title' and the words related to section 5 of the Act of June 20, 1874 (31:713), in section 6(last sentence) of the Act of March 3, 1919 (ch. 99, 40 Stat. 1309), are omitted because section 5 was repealed by section 3 of the Act of July 6, 1949 (ch. 299, 63 Stat. 407). In subsection (d), the words 'passed after June 30, 1906' are omitted as executed. SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-359, Sec. 1, July 13, 1984, 98 Stat. 402, provided: 'That this Act (amending section 1322 of this title) may be cited as the 'Postal Savings System Statute of Limitations Act'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2633; title 40 section 481; title 42 section 9619. ------DocID 39254 Document 154 of 536------ -CITE- 31 USC Sec. 1302 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1302. Determining amounts appropriated -STATUTE- Except as specifically provided by law, the total amount appropriated in an appropriation law is determined by adding up the specific amounts or rates appropriated in each paragraph of the law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1302 31:670. May 28, 1896, ch. 252, Sec. 1(par. immediately before heading 'Treasury Department'), 29 Stat. 148. ------------------------------- The words 'by adding up' are substituted for 'by the correct footing up' for clarity. ------DocID 39255 Document 155 of 536------ -CITE- 31 USC Sec. 1303 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1303. Effect of changes in titles of appropriations -STATUTE- Expenditures for a particular object or purpose authorized by a law (and referred to in that law by the specific title previously used for the appropriation item in the appropriation law concerned) may be made from a corresponding appropriation item when the specific title is changed or eliminated from a later appropriation law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1303 31:581(note). Sept. 12, 1950, ch. 946, Sec. 302(b), 64 Stat. 844. ------------------------------- ------DocID 39256 Document 156 of 536------ -CITE- 31 USC Sec. 1304 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1304. Judgments, awards, and compromise settlements -STATUTE- (a) Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when - (1) payment is not otherwise provided for; (2) payment is certified by the Comptroller General; and (3) the judgment, award, or settlement is payable - (A) under section 2414, 2517, 2672, or 2677 of title 28; (B) under section 3723 of this title; (C) under a decision of a board of contract appeals; or (D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733 or 2734 of title 10, section 715 of title 32, or section 203 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473). (b)(1) Interest may be paid from the appropriation made by this section - (A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Comptroller General through the day before the date of the mandate of affirmance; or (B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Claims Court under section 2516(b) of title 28, only from the date of filing of the transcript of the judgment with the Comptroller General through the day before the date of the mandate of affirmance. (2) Interest payable under this subsection in a proceeding reviewed by the Supreme Court is not allowed after the end of the term in which the judgment is affirmed. (c)(1) A judgment or compromise settlement against the Government shall be paid under this section and sections 2414, 2517, and 2518 (FOOTNOTE 1) of title 28 when the judgment or settlement arises out of an express or implied contract made by - (FOOTNOTE 1) See References in Text note below. (A) the Army and Air Force Exchange Service; (B) the Navy Exchanges; (C) the Marine Corps Exchanges; (D) the Coast Guard Exchanges; or (E) the Exchange Councils of the National Aeronautics and Space Administration. (2) The Exchange making the contract shall reimburse the Government for the amount paid by the Government. -SOURCE- (Pub. L. 97-258, Sec. 1, 2(m)(2), Sept. 13, 1982, 96 Stat. 917, 1062.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1304(a) 31:724a(1st sentence July 27, 1956, ch. words before 1st 748, Sec. 1302(1st proviso). sentence), 70 Stat. 694; Aug. 30, 1961, Pub. L. 87-187, Sec. 3, 75 Stat. 416; July 18, 1966, Pub. L. 89-506, Sec. 6, 80 Stat. 307; July 23, 1970, Pub. L. 91-350, Sec. 1(c), 84 Stat. 449; restated May 4, 1977, Pub. L. 95- 26, Sec. 101(2d par. under heading 'Claims and Judgments'), 91 Stat. 96; Mar. 7, 1978, Pub. L. 95- 240, Sec. 201, 92 Stat. 116; Nov. 1, 1978, Pub. L. 95- 563, Sec. 14(c), 92 Stat. 2390; Apr. 2, 1982, Pub. L. 97- 164, title I, Sec. 155, title III, Sec. 302(c), 96 Stat. 47, 56. 1304(b) 28:2516(b)(less 1st sentence words after last comma). 31:724a(1st sentence 1st, 2d provisos). 1304(c) 31:724a(1st sentence last proviso) ------------------------------- In subsection (a), before clause (1), the words 'out of any money in the Treasury not otherwise appropriated' are omitted as surplus. The words 'awards rendered by the Indian Claims Commission' are omitted as executed because under 25:70v the Commission was dissolved and all of its outstanding cases were transferred to the Court of Claims. Under 25:70v-3, judgments on cases transferred to the Court of Claims are judgments under 28:2517 and 2518 and are therefore included under clause (3)(A) of the subsection. In subsection (b), the text of 28:2516(b)(less 1st sentence words after last comma) is omitted as superseded by 31:724a. In subsection (b)(1)(A), the words 'through the day before the date' are substituted for 'to the date' as being more precise. -REFTEXT- REFERENCES IN TEXT Section 2518 of title 28, referred to in subsec. (c)(1), was repealed by Pub. L. 97-164, title I, Sec. 139(l), Apr. 2, 1982, 96 Stat. 43. -MISC2- AMENDMENTS 1982 - Subsec. (b)(1)(A). Pub. L. 97-258, Sec. 2(m)(2)(A), struck out 'under section 2411(b) of title 28' after 'district court'. Subsec. (b)(1)(B). Pub. L. 97-258, Sec. 2(m)(2)(B), substituted 'Court of Appeals for the Federal Circuit or the United States Claims Court' for 'Court of Claims'. EFFECTIVE DATE OF 1982 AMENDMENT Section 2(m) of Pub. L. 97-258 provided that the amendment made by that section is effective Oct. 1, 1982. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3723, 7430, 7432, 7433 of this title; title 7 section 136m; title 10 sections 2733, 2734; title 16 sections 79g, 429b, 460bb-2; title 23 section 307; title 28 section 1961; title 32 sections 334, 715; title 40 section 759; title 41 section 612. ------DocID 39257 Document 157 of 536------ -CITE- 31 USC Sec. 1305 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1305. Miscellaneous permanent appropriations -STATUTE- Necessary amounts are appropriated for the following: (1) to pay the proceeds of the personal estate of a United States citizen dying abroad to the legal representative of the deceased on proper demand and proof. (2) to pay interest on the public debt under laws authorizing payment. (3) to pay proceeds from derelict and salvage cases adjudged by the courts of the United States to salvors. (4) to make payments required under contracts made under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) for the payment of interest on obligations guaranteed by the Secretary of Housing and Urban Development under section 108. (5) to make payments required under contracts made under section 103(b) of the Housing Act of 1949 (42 U.S.C. 1453(b)) for projects or programs for which amounts had been committed before January 1, 1975, and for which amounts have not been appropriated. (6) to pay the interest on the fund derived from the bequest of James Smithson, for the construction of buildings and expenses of the Smithsonian Institution, at the rates determined under section 5590 of the Revised Statutes (20 U.S.C. 54). ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING (7) to make payments required under contracts made under section 5 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c). COLLEGE HOUSING GRANTS (8) to make payments required under contracts made under title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.). RENT SUPPLEMENT PROGRAM (9) to make payments required under contracts under section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. 1701s). HOMEOWNERSHIP AND RENTAL HOUSING ASSISTANCE (10) to make payments required under contracts under sections 235 and 236, respectively, of the National Housing Act, as amended (12 U.S.C. 1715z, 1715z-1). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918; Pub. L. 97-452, Sec. 1(4), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-371, title I, Sec. 101, July 18, 1984, 98 Stat. 1220.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1305 31:711(1)-(3), (11a)- R.S. Sec. 3689(less (23). last 3 pars. on p. 725 related to redemption of stamps, debentures and other charges, and debentures and drawbacks, 2d par. on p. 726 related to repayment of excess of deposits, 3d-7th pars. on p. 726 related to refunding duties on goods destroyed, marine hospital establishment, refunding duties, refunding proceeds of goods seized and sold, and refunding proceeds of unclaimed merchandise); June 20, 1874, ch. 328, Sec. 4(less words between 1st and 2d semicolons), 18 Stat. 109; Mar. 3, 1875, ch. 129, Sec. 1(6th par. 3d sentence under heading 'War Department'), 18 Stat. 359; June 19, 1878, ch. 329, Sec. 1(par. immediately before heading 'Office of the Attorney General'), 20 Stat. 205; May 26, 1908, ch. 198, Sec. 1(last par. on p. 295), 35 Stat. 295; June 25, 1910, ch. 384, Sec. 8(words before semicolon), 36 Stat. 773; Oct. 18, 1972, Pub. L. 92- 500, Sec. 12(p), 86 Stat. 902; Aug. 22, 1974, Pub. L. 93- 383, Sec. 108(i), 117(a), 88 Stat. 649, 653; Oct. 12, 1977, Pub. L. 95- 128, Sec. 108(2), 91 Stat. 1123. ------------------------------- In the section, the words 'out of any moneys in the Treasury not otherwise appropriated' and 'and such appropriations shall be deemed permanent annual appropriations' are omitted as surplus. In clause (2), the text of section 4(words after 2d semicolon) of the Act of June 20, 1874 (ch. 328, 18 Stat. 109), is omitted as expired. The text of 31:711(3) is omitted as superseded by the source provisions restated in section 1322 of the revised title. The text of 31:711(11a) is omitted because the Environmental Financing Authority expired on June 30, 1975. The text of 31:711(12) is omitted as superseded by 31:725s(a)(1st proviso) and 31:725s(a)(59). The text of 31:711(13) is omitted as obsolete because provisions relating to horses and property lost in military service were repealed by section 1 of the Act of December 16, 1930 (ch. 14, 46 Stat. 1028), and section 3 of the Act of May 29, 1945 (ch. 135, 59 Stat. 225). The text of 31:711(14) is omitted as superseded by 31:240-243. The text of 31:711(16) is omitted as obsolete because of the repeal of the permanent appropriation for surveying within land grants (reimbursable) by 31:725(a) and (b)(13). The text of 31:711(17) is omitted as superseded by the repeal of the appropriation account 'Five Percent Funds to States' by 31:725c(a) and (b)(34). The text of 31:711(18) is omitted as superseded by 31:725b(a) and (b)(8). The text of 31:711(19) is omitted as superseded by 31:725q(a) and (b)(14). The text of 31:711(20) is omitted as superseded by section 1(1st par. on p. 447) of the Act of March 3, 1875 (ch. 132, 18 Stat. 447), and section 1(last par. on p. 197) of the Act of August 15, 1876 (ch. 289, 19 Stat. 197). 1983 ACT This amends 31:1305(6) to conform to the Smithsonian Institution charter as amended by section 1 of the Act of June 22, 1982 (Pub. L. 97-199, 96 Stat. 121). -REFTEXT- REFERENCES IN TEXT Section 103(b) of the Housing Act of 1949 (42 U.S.C. 1453(b)), referred to in par. (5), was omitted from the Code pursuant to section 5316 of Title 42, The Public Health and Welfare, which terminated the authority to make grants or loans under title I of that Act (42 U.S.C. 1450 et seq.) after Jan. 1, 1975. The Housing Act of 1950, referred to in par. (8), is act Apr. 20, 1950, ch. 94, 64 Stat. 48, as amended. Title IV of the Housing Act of 1950, which was classified generally to subchapter IX (Sec. 1749 et seq.) of chapter 13 of Title 12, Banks and Banking, was repealed by Pub. L. 99-498, title VII, Sec. 702, Oct. 17, 1986, 100 Stat. 1545. For complete classification of this Act to the Code, see Short Title of 1950 Amendment note set out under section 1701 of Title 12 and Tables. Section 101 of the Housing and Urban Development Act of 1965, as amended, referred to in par. (9), is section 101 of Pub. L. 89-117, title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, and amended sections 1451 and 1465 of this title. -MISC2- AMENDMENTS 1984 - Pars. (7) to (10). Pub. L. 98-371 added pars. (7) to (10). 1983 - Par. (6). Pub. L. 97-452 substituted provisions relating to payment of the interest on the fund derived from the bequest of James Smithson, for the construction of buildings and the expenses of the Smithsonian Institution, at rates determined under section 5590 of the Revised Statutes, for provisions relating to payment for construction of buildings and expenses of the Smithsonian Institution, at 6 percent on the fund derived from the bequest of James Smithson. ------DocID 39258 Document 158 of 536------ -CITE- 31 USC Sec. 1306 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1306. Use of foreign credits -STATUTE- Foreign credits owed to or owned by the Treasury are not available for expenditure by agencies except as provided annually in general appropriation laws. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1306 31:724. July 15, 1952, ch. 758, Sec. 1415, 66 Stat. 662. ------------------------------- The words 'are not available for expenditure by agencies except as provided annually in general appropriation laws' are substituted for 'will not be available for expenditure by agencies of the United States after June 30, 1953, except as may be provided for annually in appropriation Acts' because of section 101 of the revised title. APPROPRIATIONS OF EXCESS CURRENCIES Pub. L. 101-513, title V, Sec. 570, Nov. 5, 1990, 104 Stat. 2041, provided that: 'The provisions of section 1306 of title 31, United States Code, shall not be waived to carry out the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by any provision of law enacted after the date of enactment of this Act (Nov. 5, 1990) unless such provision makes specific reference to this section.' Similar provisions were contained in the following prior appropriations act: Pub. L. 101-167, title V, Sec. 583, Nov. 21, 1989, 103 Stat. 1251. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3343 of this title; title 7 sections 1704, 1727e; title 16 section 1537; title 22 sections 1754, 1922, 2103, 2194, 2291a, 2407, 5495. ------DocID 39259 Document 159 of 536------ -CITE- 31 USC Sec. 1307 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1307. Public building construction -STATUTE- Amounts appropriated to construct public buildings remain available until completion of the work. When a building is completed and outstanding liabilities for the construction are paid, balances remaining shall revert immediately to the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1307 31:682. June 23, 1874, ch. 476, Sec. 1, 18 Stat. 275. ------------------------------- The words before the proviso in the Act of June 23, 1874 (ch. 476, 18 Stat. 275), are omitted as obsolete. ------DocID 39260 Document 160 of 536------ -CITE- 31 USC Sec. 1308 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1308. Telephone and metered services -STATUTE- Charges for telephone and metered services (such as gas, electricity, water, and steam) for a time period beginning in one fiscal year or allotment period and ending in another fiscal year or allotment period may be charged against the appropriation or allotment current at the end of the time period covered by the service. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1308 31:668a. Apr. 27, 1937, ch. 143, 50 Stat. 119; restated Apr. 26, 1939, ch. 103, 53 Stat. 624. ------------------------------- The words 'On and after April 27, 1937' are omitted as executed. The words 'Charges for telephone and metered services' are substituted for 'in making payments for commodities or services the quantity of which is determined by metered readings . . . and for telephone services' to eliminate unnecessary words. The words 'another fiscal year or allotment period' are substituted for 'another', and the words 'time period covered by the service' are substituted for 'such period', for clarity. ------DocID 39261 Document 161 of 536------ -CITE- 31 USC Sec. 1309 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1309. Social security tax -STATUTE- Amounts made available for the compensation of officers and employees of the United States Government may be used to pay taxes imposed on an agency as an employer under chapter 21 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et seq.). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1309 31:699a. July 15, 1952, ch. 758, Sec. 1410, 66 Stat. 661. ------------------------------- The word 'Amounts' is substituted for 'Appropriations and funds' to eliminate unnecessary words. The words 'salaries, wages, or' are omitted as being included in 'compensation'. AMENDMENTS 1986 - Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. ------DocID 39262 Document 162 of 536------ -CITE- 31 USC Sec. 1310 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 1310. Appropriations for private organizations -STATUTE- (a) The Secretary of the Treasury shall credit an appropriation for a private organization to the appropriate fiscal official of the organization. The credit shall be carried on the accounts of - (1) the Treasury; or (2) a designated depositary of the United States Government (except a national bank). (b) The fiscal official may pay an amount out of the appropriation only on a check of the fiscal official - (1) payable to the order of the person to whom payment is to be made; and (2) that states the specific purpose for which the amount is to be applied. (c)(1) The fiscal official may pay an amount of less than $20 out of the appropriation on a check - (A) payable to the order of the fiscal official; and (B) that states the amount is to be applied to small claims. (2) The fiscal official shall provide the Secretary or the designated depositary on which the check is drawn with a certified list of the claims. The list shall state the kind and amount of each claim and the name of each claimant. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1310(a) 31:721(words before June 23, 1874, ch. 14th comma). 455, Sec. 1(par. immediately before heading 'Smithsonian Institution'), 18 Stat. 216. 1310(b) 31:721(words between 14th comma and proviso). 1310(c) 31:721(proviso). ------------------------------- In subsection (a), before clause (1), the words 'by warrant' are omitted as unnecessary because of chapter 33 of the revised title. The word 'appropriation' is substituted for 'moneys appropriated' for consistency in the revised title. The words 'for a private organization' are substituted for 'for the aid, use, support, or benefit of any charitable, industrial, or other association, institution, or corporation' to eliminate unnecessary words. The word 'official' is substituted for 'officer' for consistency in the revised title. In clause (1), the word 'Treasury' is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words 'or of an assistant treasurer' in section 1 of the Act of June 23, 1874, are omitted as superseded by section 1(1st par. under heading 'Independent Treasury') of the Act of May 29, 1920 (ch. 214, 41 Stat. 254). In subsection (b), before clause (1), the words 'The fiscal official may pay an amount out of the appropriation' are substituted for 'shall be paid out' for clarity. In clause (1), the words 'for services, materials, or any other purpose' are omitted as unnecessary. In clause (2), the words 'in writing' are omitted as surplus. The word 'purpose' is substituted for 'object or purpose' to eliminate unnecessary words. In subsections (b)(2) and (c), the word 'amount' is substituted for 'the avails thereof' for clarity. In subsection (c)(1), before clause (A), the words 'an amount of less than $20 out of the appropriation' are substituted for 'payments are to be made under $20' for clarity. In clause (B), the words 'in writing on the check' are omitted as unnecessary. In subsection (c)(2), the word 'Secretary' is substituted for 'Treasurer' because of the source provisions restated in section 321(c) of the revised title. ------DocID 39263 Document 163 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER II -HEAD- SUBCHAPTER II - TRUST FUNDS AND REFUNDS ------DocID 39264 Document 164 of 536------ -CITE- 31 USC Sec. 1321 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1321. Trust funds -STATUTE- (a) The following are classified as trust funds: (1) Philippine special fund (customs duties). (2) Philippine special fund (internal revenue). (3) Unclaimed condemnation awards, Department of the Treasury. (4) Naval reservation, Olangapo civil fund. (5) Armed Forces Retirement Home Trust Fund. (6) Return to deported aliens of passage money collected from steamship companies. (7) Vocational rehabilitation, special fund. (8) Library of Congress gift fund. (9) Library of Congress trust fund, investment account. (10) Library of Congress trust fund, income from investment account. (11) Library of Congress trust fund, permanent loan. (12) Relief and rehabilitation, Longshore and Harbor Workers' Compensation Act. (13) Cooperative work, Forest Service. (14) Wages and effects of American seamen, Department of Commerce. (15) Pension money, Saint Elizabeths Hospital. (16) Personal funds of patients, Saint Elizabeths Hospital. (17) National Park Service, donations. (18) Purchase of lands, national parks, donations. (19) Extension of winter-feed facilities of game animals of Yellowstone National Park, donations. (20) Indian moneys, proceeds of labor, agencies, schools, and so forth. (21) Funds of Federal prisoners. (22) Commissary funds, Federal prisons. (23) Pay of the Navy, deposit funds. (24) Pay of Marine Corps, deposit funds. (25) Pay of the Army, deposit fund. (26) Preservation birthplace of Abraham Lincoln. (27) Funds contributed for flood control, Mississippi River, its outlets and tributaries. (28) Funds contributed for flood control, Sacramento River, California. (29) Effects of deceased employees, Department of the Treasury. (30) Money and effects of deceased patients, Public Health Service. (31) Effects of deceased employees, Department of Commerce. (32) Topographic survey of the United States, contributions. (33) National Institutes of Health, gift fund. (34) National Institutes of Health, conditional gift fund. (35) Patients' deposits, United States Marine Hospital, Carville, Louisiana. (36) Estates of deceased personnel, Department of the Army. (37) Effects of deceased employees, Department of the Interior. (38) Fredericksburg and Spotsylvania County Battlefields memorial fund. (39) Petersburg National Military Park fund. (40) Gorgas memorial laboratory quotas. (41) Contributions to International Boundary Commission, United States and Mexico. (42) Salvage proceeds, American vessels. (43) Wages due American seamen. (44) Federal Industrial Institution for Women, contributions for chapel. (45) General post fund, National Homes, Veterans' Administration. (46) Repatriation of American seamen. (47) Expenses, public survey work, general. (48) Expenses, public survey work, Alaska. (49) Funds contributed for improvement of roads, bridges, and trails, Alaska. (50) Protective works and measures, Lake of the Woods and Rainy River, Minnesota. (51) Washington redemption fund. (52) Permit fund, District of Columbia. (53) Unclaimed condemnation awards, National Capital Park and Planning Commission, District of Columbia. (54) Unclaimed condemnation awards, Rock Creek and Potomac Parkway Commission, District of Columbia. (55) Miscellaneous trust fund deposits, District of Columbia. (56) Surplus fund, District of Columbia. (57) Relief and rehabilitation, District of Columbia Workmen's Compensation Act. (58) Inmates' fund, workhouse and reformatory, District of Columbia. ((59) Repealed. Pub. L. 101-510, div. A, title XV, Sec. 1533(c)(1)(A)(ii), Nov. 5, 1990, 104 Stat. 1735.) (60) Chamber Music Auditorium, Library of Congress. (61) Bequest of Gertrude Hubbard. (62) Puerto Rico special fund (Internal Revenue). (63) Miscellaneous trust funds, Department of State. (64) Funds contributed for improvement of (name of river or harbor). (65) Funds advanced for improvement of (name of river or harbor). (66) Funds contributed for Indian projects. (67) Miscellaneous trust funds of Indian tribes. (68) Ship's stores profits, Navy. (69) Completing Surveys within Railroad Land Grants. (70) Memorial to Women of World War, contributions. (71) Funds contributed for Memorial to John Ericsson. (72) American National Red Cross Building, contributions. (73) Estate of decedents, Department of State, Trust Fund. (74) Funds due Incompetent Beneficiaries, Veterans' Administration. (75) To promote the Education of the Blind (principal). (76) Paving Government Road across Fort Sill Military Reservation, Okla. (77) Bequest of William F. Edgar, Museum and Library, office of Surgeon General of the Army. (78) Funds Contributed for Flood Control (name of river, harbor, or project). (79) Matured obligations of the District of Columbia. (80) To promote the education of the blind (interest). ((81) Repealed. Pub. L. 101-510, div. A, title XV, Sec. 1533(c)(1)(A)(ii), Nov. 5, 1990, 104 Stat. 1735.) (82) Post-Vietnam Era Veterans Education Account, Veterans' Administration. (83) United States Government life insurance fund, Veterans' Administration. (84) Estates of deceased soldiers, United States Army. (85) Teachers Retirement Fund Deductions, District of Columbia. (86) Teachers Retirement Fund, Government Reserves, District of Columbia. (87) Expenses of Smithsonian Institution Trust Fund (principal). (88) Civil Service Retirement and Disability Fund. (89) Canal Zone Retirement and Disability Fund. (90) Foreign Service Retirement and Disability Fund. (b) Amounts (except amounts received by the Comptroller of the Currency and the Federal Deposit Insurance Corporation) that are analogous to the funds named in subsection (a) of this section and are received by the United States Government as trustee shall be deposited in an appropriate trust fund account in the Treasury. Amounts accruing to these funds (except to the trust fund 'Armed Forces Retirement Home Trust Fund') are appropriated to be disbursed in compliance with the terms of the trust. Expenditures from the trust fund 'Armed Forces Retirement Home Trust Fund' shall be made only under annual appropriations and only if the appropriations are specifically authorized by law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 98-426, Sec. 27(d)(2), Sept. 28, 1984, 98 Stat. 1654; Pub. L. 101-189, div. A, title III, Sec. 341(a), Nov. 29, 1989, 103 Stat. 1419; Pub. L. 101-510, div. A, title XV, Sec. 1533(c)(1), Nov. 5, 1990, 104 Stat. 1735.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1321(a) 31:725s(a)(1st June 26, 1934, ch. sentence, cls. (1)- 756, Sec. 20(less (84)), (c). (a)(last sentence last proviso)), 48 Stat. 1233; June 15, 1943, ch. 125, Sec. 1(a), 2(a), 57 Stat. 152, 153; Oct. 15, 1976, Pub. L. 94-502, Sec. 407, 90 Stat. 2397. 1321(b) 31:725s(a)(2d sentence, last sentence 1st, 2d provisos). ------------------------------- In the section, the cross-references to subsection (b) in the source provisions being restated are assumed to be references to clauses (1)-(84) of subsection (a) because the source provisions contain no subsection (b). In subsection (a), the words 'appearing on the books of the Government' and 'on the books of the Treasury' are omitted as surplus. In subsection (b), the words 'effective July 1, 1935' and the 2d proviso are omitted as executed. -REFTEXT- REFERENCES IN TEXT The Longshore and Harbor Workers' Compensation Act, referred to in subsec. (a)(12), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended, which is classified generally to chapter 18 (Sec. 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables. The International Boundary Commission, United States and Mexico, referred to in subsec. (a)(41), was redesignated the International Boundary and Water Commission, United States and Mexico, by the Water Treaty of 1944. The National Capital Park and Planning Commission, referred to in subsec. (a)(53), was abolished and its functions transferred to the National Capital Planning Commission by section 9 of act June 6, 1924, ch. 270, as added by act July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790, which enacted section 71h of Title 40, Public Buildings, Property, and Works. The Rock Creek and Potomac Parkway Commission, referred to in subsec. (a)(54), was abolished and its functions transferred to the Office of National Parks, Buildings, and Reservations, Department of the Interior, by Ex. Ord. No. 6166, Sec. 2, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. The District of Columbia Workmen's Compensation Act, referred to in subsec. (a)(57), probably means the District of Columbia Unemployment Compensation Act which is act Aug. 28, 1935, ch. 794, 49 Stat. 946, as amended, and appears in chapter 1 (Sec. 46-101 et seq.) of Title 46, Social Security, of the District of Columbia Code. -MISC2- AMENDMENTS 1990 - Subsec. (a)(5). Pub. L. 101-510, Sec. 1533(c)(1)(A)(i), substituted 'Armed Forces Retirement Home Trust Fund' for 'Personal funds of deceased inmates, Naval Home'. Subsec. (a)(59), (81). Pub. L. 101-510, Sec. 1533(c)(1)(A)(ii), struck out pars. (59) 'Soldiers' Home, permanent fund.' and (81) 'Soldiers' Home, interest account.' Subsec. (b). Pub. L. 101-510, Sec. 1533(c)(1)(B), substituted 'Armed Forces Retirement Home Trust Fund' for 'Soldiers' Home, Permanent Fund' in two places. 1989 - Subsec. (b). Pub. L. 101-189 substituted 'annual appropriations and only if the appropriations are specifically authorized by law.' for 'annual appropriations. Those appropriations are authorized to be made.' 1984 - Subsec. (a)(12). Pub. L. 98-426 substituted 'Longshore' for 'Longshoremen's'. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. The United States Soldiers Home was renamed the United States Soldiers' and Airmen's Home, effective Sept. 7, 1972. See 37 F.R. 23533, Nov. 4, 1972. -MISC4- EFFECTIVE DATE OF 1989 AMENDMENT Section 341(b) of Pub. L. 101-189 provided that: 'The amendments made by subsection (a) (amending this section) shall apply with respect to appropriations for the operation of the United States Soldiers' and Airmen's Home made for fiscal years after fiscal year 1990.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters. TRUST FUNDS FOR INDIVIDUAL INDIANS Section 725s of former Title 31 (now this section) was modified by act June 25, 1936, ch. 814, 49 Stat. 1928, providing that it shall not be applicable to funds held in trust for individual Indians, associations of individual Indians, or for Indian corporations chartered under sections 461, 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and 479 of Title 25, Indians. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1322 of this title; title 20 section 225; title 24 section 431; title 25 section 385a; title 33 section 770; title 38 sections 5202, 5220. ------DocID 39265 Document 165 of 536------ -CITE- 31 USC Sec. 1322 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1322. Payments of unclaimed trust fund amounts and refund of amounts erroneously deposited -STATUTE- (a) On September 30 of each year, the Secretary of the Treasury shall transfer to the Treasury trust fund receipt account 'Unclaimed Moneys of Individuals Whose Whereabouts are Unknown' that part of the balance of a trust fund account named in section 1321(a)(1)-(82) of this title or an analogous trust fund established under section 1321(b) of this title that has been in the fund for more than one year and represents money belonging to individuals whose whereabouts are unknown. Subsequent claims to the transferred funds shall be paid from the account 'Unclaimed Moneys of Individuals Whose Whereabouts are Unknown'. (b) Except as provided in subsection (c) of this section, necessary amounts are appropriated to the Secretary of the Treasury to make payments from - (1) the Treasury trust fund receipt account 'Unclaimed Moneys of Individuals Whose Whereabouts are Unknown'; and (2) the United States Government account 'Refund of Moneys Erroneously Received and Covered' and other collections erroneously deposited that are not properly chargeable to another appropriation. (c)(1) The Secretary of the Treasury shall hold in the Treasury trust fund receipt account 'Unclaimed Moneys of Individuals Whose Whereabouts Are Unknown' the balance remaining after the final distribution of unclaimed Postal Savings System deposits under subsection (a) of the first section of the Act of August 13, 1971 (Public Law 92-117; 85 Stat. 337). The Secretary shall use the balance to pay claims for Postal Savings System deposits without regard to the State law or the law of other jurisdictions of deposit concerning the disposition of unclaimed or abandoned property. (2) Necessary amounts may be appropriated without fiscal year limitation to the trust fund receipt account to pay claims for deposits when the balance in the account is not sufficient to pay the claims made within the time limitation set forth in paragraph (3) of this subsection. (3) No claim for any Postal Savings System deposit may be brought more than one year from the date of the enactment of the Postal Savings System Statute of Limitations Act. (4) The United States Postal Service shall assist the Secretary of the Treasury in providing public notice of the time limitation set forth in paragraph (3) of this subsection by posting notices thereof in all post offices as soon as practicable after the date of the enactment of the Postal Savings System Statute of Limitations Act. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 922; Pub. L. 98-359, Sec. 2, July 13, 1984, 98 Stat. 402.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1322(a) 31:725s(a)(last June 26, 1934, ch. sentence last 756, Sec. proviso). 20(a)(last sentence last proviso), 48 Stat. 1233; Apr. 21, 1976, Pub. L. 94-273, Sec. 2(16), 90 Stat. 375. 1322(b) 31:725p-1. June 30, 1949, ch. 286, Sec. 101(par. under heading 'Payments of Unclaimed Moneys'), 63 Stat. 359. 31:725q-1. June 30, 1949, ch. 286, Sec. 101(par. under heading 'Refund of Moneys Erroneously Received and Covered'), 63 Stat. 358. 1322(c) 31:725p(note). Aug. 13, 1971, Pub. L. 92-117, 85 Stat. 337. ------------------------------- In subsection (a), the words 'directed to be established in section 725p of this title' are omitted as surplus. In subsection (b), before clause (1), the words 'Secretary of the Treasury' are substituted for 'Treasury Department' for consistency. The words 'out of any money in the Treasury not otherwise appropriated' in 31:725q-1 are omitted as surplus. In clause (1), the words 'of the character formerly chargeable to the appropriation accounts abolished under section 725p of this title' in 31:725p-1 are omitted as unnecessary because of the restatement. In clause (2), the words 'United States Government account 'Refund of Moneys Erroneously Received and Covered' ' are substituted for 'of the character formerly chargeable to the appropriation accounts abolished under section 725q of this title' in 31:725q-1 for clarity and to eliminate unnecessary words. In subsection (c)(1), the words 'claims for . . . deposits' are substituted for 'claims by or on behalf of depositors' to eliminate unnecessary words. The text of section 1(a) of the Act of August 13, 1971 (Pub. L. 92-117, 85 Stat. 337), is omitted as executed. -REFTEXT- REFERENCES IN TEXT Subsection (a) of the first section of the Act of August 13, 1971 (Public Law 92-117; 85 Stat. 337), referred to in subsec. (c)(1), was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1081. The date of the enactment of the Postal Savings System Statute of Limitations Act, referred to in subsec. (c)(3) and (4), is the date of enactment of Pub. L. 98-359, which was approved July 13, 1984. -MISC2- AMENDMENTS 1984 - Subsec. (c)(1). Pub. L. 98-359 substituted provision authorizing the balance to be held by the Secretary for provision authorizing the balance to be held by the Secretary in perpetuity. Subsec. (c)(2). Pub. L. 98-359 substituted reference to par. (3) of this subsection for reference to par. (1) of this subsection. Subsec. (c)(3), (4). Pub. L. 98-359 added pars. (3) and (4). -CROSS- CROSS REFERENCES Deposit in trust fund of unclaimed money, etc., of deceased seaman, see section 10710 of Title 46, Shipping. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 331 of this title; title 20 section 225; title 33 section 770; title 38 sections 1632, 3204. ------DocID 39266 Document 166 of 536------ -CITE- 31 USC Sec. 1323 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1323. Trust funds for certain fees, donations, quasi-public amounts, and unearned amounts -STATUTE- (a) Amounts from the following sources held in checking accounts of disbursing officials shall be deposited in the Treasury to the appropriate trust fund receipt accounts: (1) unearned money, lands (Department of the Interior). (2) reentry permit fees (Department of Justice). (3) naturalization fees (Department of Justice). (4) registry fees (Department of Justice). (b) Amounts deposited under subsection (a) of this section are appropriated for refunds. Earned parts of those amounts shall be transferred and credited to the appropriate receipt fund accounts. (c) Donations, quasi-public amounts, and unearned amounts shall be deposited in the Treasury as trust funds and are appropriated for disbursement under the terms of the trusts when the donation or amount is - (1) administered by officers and employees of the United States Government; and (2) carried in checking accounts of disbursing officials or others required to account to the Comptroller General (except clerks and marshals of the United States district courts). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 922.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1323(a), (b) 31:725r(less June 26, 1934, ch. proviso). 756, Sec. 19, 48 Stat. 1232; Dec. 21, 1944, ch. 631, Sec. 2, 58 Stat. 845. 1323(c) 31:725r(proviso). ------------------------------- In subsection (a), before clause (1), the words 'Effective July 1, 1935' are omitted as executed. In clauses (2)-(4), the words 'Department of Justice' are substituted for 'Labor Department' (subsequently changed to 'Justice Department' because of Reorganization Plan No. 5 of 1940 (eff. June 14, 1940, 54 Stat. 1238)) for consistency with title 28. The words related to Patent Office (subsequently changed to Patent and Trademark Office because of section 3 of the Act of January 2, 1975 (Pub. L. 93-596, 88 Stat. 1949)), are omitted as superseded by 35:42. In subsection (c), the words 'officers and employees of the United States Government' are substituted for 'officers of the United States by virtue of their official capacity' for consistency and to eliminate unnecessary words. ------DocID 39267 Document 167 of 536------ -CITE- 31 USC Sec. 1324 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1324. Refund of internal revenue collections -STATUTE- (a) Necessary amounts are appropriated to the Secretary of the Treasury for refunding internal revenue collections as provided by law, including payment of - (1) claims for prior fiscal years; and (2) accounts arising under - (A) 'Allowance or drawback (Internal Revenue)'; (B) 'Redemption of stamps (Internal Revenue)'; (C) 'Refunding legacy taxes, Act of March 30, 1928'; (D) 'Repayment of taxes on distilled spirits destroyed by casualty'; and (E) 'Refunds and payments of processing and related taxes'. (b) Disbursements may be made from the appropriation made by this section only for - (1) refunds to the limit of liability of an individual tax account; and (2) refunds due from credit provisions of the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) enacted before January 1, 1978. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1324(a) 31:725q-1a(1st par.). June 19, 1948, ch. 558, Sec. 101(words before proviso in par. under heading 'Bureau of Internal Revenue'), 62 Stat. 561. 1324(b) 31:725q-1a(last June 19, 1948, ch. par.). 558, 62 Stat. 560, Sec. 302(last par); added Sept. 8, 1978, Pub. L. 95- 355, Sec. 303, 92 Stat. 563. ------------------------------- In subsection (a), the words 'Necessary amounts are appropriated to the Secretary of the Treasury' are added to reflect the introductory language of the Act of June 19, 1948. The words 'on and after June 19, 1948' are omitted as executed. In subsection (b), the words 'appropriation made by this section' are substituted for 'the appropriation to the Treasury Department entitled 'Bureau of Internal Revenue Refunding Internal-Revenue Collections' ' to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT Act of March 30, 1928, referred to in subsec. (a)(2)(C), is act Mar. 30, 1928, ch. 302, 45 Stat. 398, which is not classified to the Code. -MISC2- AMENDMENTS 1986 - Subsec. (b)(2). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. COORDINATION WITH REFUND PROVISION Pub. L. 101-508, title XI, Sec. 11116, Nov. 5, 1990, 104 Stat. 1388-415, provided that: 'For purposes of section 1324(b)(2) of title 31 of the United States Code, section 32 of the Internal Revenue Code of 1986 (26 U.S.C. 32) (as amended by this Act) shall be considered to be a credit provision of the Internal Revenue Code of 1954 enacted before January 1, 1978.' ------DocID 39268 Document 168 of 536------ -CITE- 31 USC SUBCHAPTER III -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES ------DocID 39269 Document 169 of 536------ -CITE- 31 USC Sec. 1341 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1341. Limitations on expending and obligating amounts -STATUTE- (a)(1) An officer or employee of the United States Government or of the District of Columbia government may not - (A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation; (B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law; (C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. (b) An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101-508, title XIII, Sec. 13213(a), Nov. 5, 1990, 104 Stat. 1388-621.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1341(a) 31:665(a), R.S. Sec. 3679(a), (d)(2)(last (d)(2)(last sentence related to sentence related to spending and spending and obligations). obligations); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 765. 1341(b) 31:669(words after Aug. 23, 1912, ch. semicolon). 350, Sec. 6(words after semicolon), 37 Stat. 414. ------------------------------- In subsection (b), the words 'another amount available for obligation' are substituted for 'any other fund' for consistency in the revised title. -REFTEXT- REFERENCES IN TEXT Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(1)(C), (D), is classified to section 902 of Title 2, The Congress. -MISC2- AMENDMENTS 1990 - Subsec. (a)(1)(C), (D). Pub. L. 101-508 added subpars. (C) and (D). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1349, 1350, 1351 of this title; title 2 section 60a-2; title 5 section 5306; title 12 section 1749bbb-8; title 19 section 2081; title 20 sections 241-1, 646, 1225; title 22 sections 277d-3, 1461b, 3723; title 26 section 7608; title 40 section 490e; title 42 sections 2204, 2204a, 2210, 2295, 2394, 9619; title 49 App. sections 1344, 1519. ------DocID 39270 Document 170 of 536------ -CITE- 31 USC Sec. 1342 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1342. Limitation on voluntary services -STATUTE- An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term 'emergencies involving the safety of human life or the protection of property' does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101-508, title XIII, Sec. 13213(b), Nov. 5, 1990, 104 Stat. 1388-621.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1342 31:665(b). R.S. Sec. 3679(b), (d)(2)(last sentence related to voluntary services); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 765. 31:665(d)(2)(last sentence related to voluntary services). ------------------------------- The words 'District of Columbia government' are added because of section 47-105 of the D.C. Code. AMENDMENTS 1990 - Pub. L. 101-508 inserted at end 'As used in this section, the term 'emergencies involving the safety of human life or the protection of property' does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1349, 1350, 1351 of this title; title 2 section 60a-2; title 5 sections 575, 588, 593, 3102, 3111, 5306; title 10 section 1588; title 15 sections 636, 2076, 2218; title 18 section 4204; title 19 section 2171; title 20 section 5095; title 22 sections 277d-3, 1461b, 2509, 3723, 5422; title 25 section 2020; title 28 section 995; title 29 sections 783, 1579; title 30 section 1807; title 33 section 1123; title 36 section 155b; title 42 sections 682, 2204, 2204a, 2210, 2295, 2394, 3788, 4343, 5613, 7705c, 10248; title 44 section 2105; title 46 App. section 1717; title 47 sections 154, 332. ------DocID 39271 Document 171 of 536------ -CITE- 31 USC Sec. 1343 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1343. Buying and leasing passenger motor vehicles and aircraft -STATUTE- (a) In this section, buying a passenger motor vehicle or aircraft includes a transfer of the vehicle or aircraft between agencies. (b) An appropriation may be expended to buy or lease passenger motor vehicles only - (1) for the use of - (A) the President; (B) the secretaries to the President; or (C) the heads of executive departments listed in section 101 of title 5; or (2) as specifically provided by law. (c)(1) Except as specifically provided by law, an agency may use an appropriation to buy a passenger motor vehicle (except a bus or ambulance) only at a total cost (except costs required only for transportation) that - (A) includes the price of systems and equipment the Administrator of General Services decides is incorporated customarily in standard passenger motor vehicles completely equipped for ordinary operation; (B) includes the value of a vehicle used in exchange; (C) is not more than the maximum price established by the agency having authority under law to establish a maximum price; and (D) is not more than the amount specified in a law. (2) Additional systems and equipment may be bought for a passenger motor vehicle if the Administrator decides the purchase is appropriate. The price of additional systems or equipment is not included in deciding whether the cost of the vehicle is within a maximum price specified in a law. (d) An appropriation (except an appropriation for the armed forces) is available to buy, maintain, or operate an aircraft only if the appropriation specifically authorizes the purchase, maintenance, or operation. (e) This section does not apply to - (1) buying, maintaining, and repairing passenger motor vehicles by the United States Capitol Police; (2) buying, maintaining, and repairing vehicles necessary to carry out projects to improve, preserve, and protect rivers and harbors; or (3) leasing, maintaining, repairing, or operating motor passenger vehicles necessary in the field work of the Department of Agriculture. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 924.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1343(a) 31:638a(e). July 16, 1914, ch. 141, Sec. 5(a), (b), (e), 38 Stat. 508; restated Aug. 2, 1946, ch. 744, Sec. 16(a), 60 Stat. 810, 811. 1343(b) 31:638a(a). 1343(c) 31:638a(c)(1). July 16, 1914, ch. 141, Sec. 5(c)(1), 38 Stat. 508; Aug. 2, 1946, ch. 744, Sec. 16(a), 60 Stat. 810; restated Sept. 26, 1970, Pub. L. 91-423, 84 Stat. 879. 1343(d) 31:638a(b). 1343(e) 31:638a-1. July 25, 1975, Pub. L. 94-59, Sec. 1108, 89 Stat. 300. 31:638d. Mar. 4, 1915, ch. 142, Sec. 10, 38 Stat. 1054. 31:638e. Aug. 11, 1916, ch. 313(last proviso on p. 491), 39 Stat. 491. ------------------------------- In subsection (a), the word 'agency' is substituted for 'department of the Government' because of section 101 of the revised title and for consistency with the other source provisions restated in the section. In subsection (b), before clause (1), the words 'buy or lease' are substituted for 'purchase or hire' for consistency. In clause (1)(C), the words 'section 101 of title 5' are used because of section 7(b) of the Act of September 6, 1966 (Pub. L. 89-554, 80 Stat. 631). In subsection (c)(1), before clause (A), the word 'agency' is substituted for 'department' for consistency. The words 'total cost' are substituted for 'cost' because of the restatement. The words '(except costs required only for transportation)' are substituted for 'which shall be in addition to the amount required for transportation' for clarity. Clause (A) is substituted for 'completely equipped for operation' and 31:638a(c)(1)(2d sentence) to eliminate unnecessary words. In subsection (c)(2), the words 'Notwithstanding any other provisions of law' are omitted as surplus. In subsection (d), the words 'armed forces' are substituted for 'Military and Naval Establishments' for consistency. In subsection (e)(2), the words 'motor boats, trucks' in 31:638d are omitted as being included in 'vehicles'. The words 'adopted by Congress' are omitted as surplus. In subsection (e)(3), the words 'horse-drawn' in 31:638e are omitted because the section applies only to motor vehicles and aircraft described in 31:638a and also is obsolete. The words 'motor boats' are omitted as being included in 'vehicles'. MAXIMUM PURCHASE PRICE OF MOTOR VEHICLES; EXCEPTIONS Pub. L. 101-509, title VI, Sec. 601, Nov. 5, 1990, 104 Stat. 1470, provided that: 'Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810) (31 U.S.C. 1343), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $7,100 except station wagons for which the maximum shall be $8,100: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may be exceeded by not more than five percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976 (15 U.S.C. 2501 et seq.).' Similar provisions were contained in the following prior appropriation acts: Nov. 3, 1989, Pub. L. 101-136, title VI, Sec. 601, 103 Stat. 816. Sept. 22, 1988, Pub. L. 100-440, title VI, Sec. 601, 102 Stat. 1751. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 601), 101 Stat. 1329-390, 1329-419. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(m) (title VI, Sec. 601), 100 Stat. 1783-308, 1783-328, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(m) (title VI, Sec. 601), 100 Stat. 3341-308, 3341-328. Dec. 19, 1985, Pub. L. 99-190, Sec. 101(h) (H.R. 3036, title VI, Sec. 601), 99 Stat. 1291. Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(j) (H.R. 5798, title VI, Sec. 602), 98 Stat. 1963. Nov. 14, 1983, Pub. L. 98-151, Sec. 101(f) (H.R. 4139, title VI, Sec. 602), 97 Stat. 973. Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(a) (H.R. 7158, title VI, Sec. 602), 96 Stat. 1830. Dec. 15, 1981, Pub. L. 97-92, Sec. 101(a) (H.R. 4121, title VI, Sec. 602), 95 Stat. 1183. Dec. 16, 1980, Pub. L. 96-536, Sec. 113, 94 Stat. 3171. Sept. 29, 1979, Pub. L. 96-74, title VI, Sec. 601, 93 Stat. 573. Oct. 10, 1978, Pub. L. 95-429, title VI, Sec. 601, 92 Stat. 1015. July 31, 1977, Pub. L. 95-81, title VI, Sec. 601, 91 Stat. 354. July 14, 1976, Pub. L. 94-363, title VI, Sec. 601, 90 Stat. 977. Aug. 9, 1975, Pub. L. 94-91, title VI, Sec. 601, 89 Stat. 458. Aug. 21, 1974, Pub. L. 93-381, title VI, Sec. 601, 88 Stat. 630. Oct. 30, 1973, Pub. L. 93-143, title VI, Sec. 601, 87 Stat. 524. July 13, 1972, Pub. L. 92-351, title VI, Sec. 601, 86 Stat. 487. July 9, 1971, Pub. L. 92-49, title VI, Sec. 601, 85 Stat. 122. Oct. 7, 1970, Pub. L. 91-439, title V, Sec. 501, 84 Stat. 902. Dec. 11, 1969, Pub. L. 91-144, title V, Sec. 501, 83 Stat. 336. Aug. 12, 1968, Pub. L. 90-479, title V, Sec. 501, 82 Stat. 717. Nov. 20, 1967, Pub. L. 90-147, title V, Sec. 501, 81 Stat. 482. Oct. 15, 1966, Pub. L. 89-689, title V, Sec. 501, 80 Stat. 1014. Oct. 28, 1965, Pub. L. 89-299, title V, Sec. 501, 79 Stat. 1108. Aug. 30, 1964, Pub. L. 88-511, title V, Sec. 501, 78 Stat. 693. Dec. 31, 1963, Pub. L. 88-257, title V, Sec. 501, 77 Stat. 855. Oct. 24, 1962, Pub. L. 87-880, title V, Sec. 501, 76 Stat. 1227. Aug. 3, 1961, Pub. L. 87-125, title V, Sec. 501, 75 Stat. 282. July 12, 1960, Pub. L. 86-642, title II, Sec. 201, 74 Stat. 476. July 8, 1959, Pub. L. 86-79, title II, Sec. 201, 73 Stat. 165. June 25, 1958, Pub. L. 85-468, title II, Sec. 201, 72 Stat. 224. June 5, 1957, Pub. L. 85-48, title II, Sec. 201, 71 Stat. 53. June 13, 1956, ch. 385, title II, Sec. 201, 70 Stat. 279. June 29, 1955, ch. 226, title II, Sec. 201, 69 Stat. 195. Aug. 26, 1954, ch. 935, Ch. XIII, Sec. 1301, 68 Stat. 828. Aug. 7, 1953, ch. 340, Ch. XIII, Sec. 1301, 67 Stat. 435. July 15, 1952, ch. 758, Ch. XIV, Sec. 1401, 66 Stat. 659. Nov. 1, 1951, ch. 664, Ch. XIII, Sec. 1301, 65 Stat. 755. Sept. 6, 1950, ch. 896, Ch. XII, Sec. 1201, 64 Stat. 763. Aug. 24, 1949, ch. 506, title III, Sec. 301, 63 Stat. 661. Apr. 20, 1948, ch. 219, title II, Sec. 201, 62 Stat. 193. July 30, 1947, ch. 359, title II, Sec. 201, 61 Stat. 608. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 3374; title 22 sections 2514, 3622; title 33 section 576a; title 40 section 491. ------DocID 39272 Document 172 of 536------ -CITE- 31 USC Sec. 1344 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1344. Passenger carrier use -STATUTE- (a)(1) Funds available to a Federal agency, by appropriation or otherwise, may be expended by the Federal agency for the maintenance, operation, or repair of any passenger carrier only to the extent that such carrier is used to provide transportation for official purposes. Notwithstanding any other provision of law, transporting any individual other than the individuals listed in subsections (b) and (c) of this section between such individual's residence and such individual's place of employment is not transportation for an official purpose. (2) For purposes of paragraph (1), transportation between the residence of an officer or employee and various locations that is - (A) required for the performance of field work, in accordance with regulations prescribed pursuant to subsection (e) of this section, or (B) essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties, is transportation for an official purpose, when approved in writing by the head of the Federal agency. (b) A passenger carrier may be used to transport between residence and place of employment the following officers and employees of Federal agencies: (1)(A) the President and the Vice President; (B) no more than 6 officers or employees in the Executive Office of the President, as designated by the President; and (C) no more than 10 additional officers or employees of Federal agencies, as designated by the President; (2) The Chief Justice and Associate Justices of the Supreme Court; (3)(A) officers compensated at Level I of the Executive Schedule pursuant to section 5312 of title 5; and (B) a single principal deputy to an officer described in subparagraph (A) of this paragraph, when a determination is made by such officer that such transportation is appropriate; (4) (FOOTNOTE 1) principal diplomatic and consular officials abroad, and the United States Ambassador to the United Nations; (FOOTNOTE 1) So in original. See 1987 Amendment note below. (4) (FOOTNOTE 1) the Deputy Secretary of Defense and Under Secretaries of Defense, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the Navy, the members and Vice Chairman of the Joint Chiefs of Staff, and the Commandant of the Coast Guard; (5) the Director of the Central Intelligence Agency and the Director of the Federal Bureau of Investigation; (6) the Chairman of the Board of Governors of the Federal Reserve System; (7) the Comptroller General of the United States and the Postmaster General of the United States; and (8) an officer or employee with regard to whom the head of a Federal agency makes a determination, in accordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) of subsection (e), that highly unusual circumstances present a clear and present danger, that an emergency exists, or that other compelling operational considerations make such transportation essential to the conduct of official business. Except as provided in paragraph (2) of subsection (d), any authorization made pursuant to paragraph (8) of this subsection to permit the use of a passenger carrier to transport an officer or employee between residence and place of employment shall be effective for not more than 15 calendar days. (c) A passenger carrier may be used to transport between residence and place of employment any person for whom protection is specifically authorized pursuant to section 3056(a) of title 18 or for whom transportation is authorized pursuant to section 28 of the State Department Basic Authorities Act of 1956, section 2637 of title 10, or section 8(a)(1) of the Central Intelligence Agency Act of 1949. (d)(1) Any determination made under paragraph (8) of subsection (b) shall be in writing and shall include the name and title of the officer or employee affected, the reason for such determination, and the duration of the authorization for such officer or employee to use a passenger carrier for transportation between residence and place of employment. (2) If a clear and present danger, an emergency, or a compelling operational consideration described in paragraph (8) of subsection (b) extends or may extend for a period in excess of 15 calendar days, the head of the Federal agency shall determine whether an authorization under such paragraph shall be extended in excess of 15 calendar days for a period of not more than 90 additional calendar days. Determinations made under this paragraph may be reviewed by the head of such agency at the end of each such period, and, where appropriate, a subsequent determination may be made whether such danger, emergency, or consideration continues to exist and whether an additional extension, not to exceed 90 calendar days, may be authorized. Determinations made under this paragraph shall be in accordance with regulations prescribed pursuant to paragraph (1) of subsection (e). (3) The authority to make designations under subsection (b)(1) of this section and to make determinations pursuant to subsections (a)(2), (b)(2)(B), (FOOTNOTE 2) and (b)(8) of this section and pursuant to paragraph (2) of this subsection may not be delegated, except that, with respect to the Executive Office of the President, the President may delegate the authority of the President under subsection (b)(8) of this section to an officer in the Executive Office of the President. No designation or determination under this section may be made solely or principally for the comfort or convenience of the officer or employee. (FOOTNOTE 2) See References in Text note below. (4) Notification of each designation or determination made under paragraphs (1), (2)(B), (FOOTNOTE 2) and (8) of subsection (b) and under paragraph (2) of this subsection, including the name and title of the officer or employee affected, the reason for any determination under paragraph (8) of subsection (b), and the expected duration of any authorization under such paragraph, shall be transmitted promptly to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate. (e)(1) Not later than March 15, 1987, the Administrator of General Services, after consultation with the Comptroller General, the Director of the Office of Management and Budget, and the Director of the Administrative Office of the United States Courts, shall promulgate regulations governing the heads of all Federal agencies in making the determinations authorized by subsections (a)(2)(A), (b)(8), and (d)(2) of this section. Such regulations shall specify that the comfort and convenience of an officer or employee is not sufficient justification for authorizations of transportation under this section. (2) In promulgating regulations under paragraph (1) of this subsection, the Administrator of General Services shall provide criteria defining the term 'field work' for purposes of subsection (a)(2)(A) of this section. Such criteria shall ensure that transportation between an employee's residence and the location of the field work will be authorized only to the extent that such transportation will substantially increase the efficiency and economy of the Government. (f) Each Federal agency shall maintain logs or other records necessary to establish the official purpose for Government transportation provided between an individual's residence and such individual's place of employment pursuant to this section. (g) As used in this section - (1) the term 'passenger carrier' means a passenger motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned or leased by the United States Government; and (2) the term 'Federal agency' means - (A) a department (as such term is defined in section 18 of the Act of August 2, 1946 (41 U.S.C. 5a)); (B) an Executive department (as such term is defined in section 101 of title 5); (C) a military department (as such term is defined in section 102 of title 5); (D) a Government corporation (as such term is defined in section 103(1) of title 5); (E) a Government controlled corporation (as such term is defined in section 103(2) of title 5); (F) a mixed-ownership Government corporation (as such term is defined in section 9101(2) of this title); (G) any establishment in the executive branch of the Government (including the Executive Office of the President); (H) any independent regulatory agency (including an independent regulatory agency specified in section 3502(10) of title 44); (I) the Smithsonian Institution; and (J) any nonappropriated fund instrumentality of the United States, except that such term does not include the government of the District of Columbia. (h) Notwithstanding section 410(a) of title 39, this section applies to the United States Postal Service. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 924; Pub. L. 99-550, Sec. 1(a), Oct. 27, 1986, 100 Stat. 3067; Pub. L. 100-180, div. A, title XIII, Sec. 1314(d)(2), Dec. 4, 1987, 101 Stat. 1176; Pub. L. 100-202, Sec. 101(a) (title IV, Sec. 407), Dec. 22, 1987, 101 Stat. 1329, 1329-26; Pub. L. 101-510, div. A, title III, Sec. 326(b), Nov. 5, 1990, 104 Stat. 1531.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1344(a) 31:638a(c)(2)(1st July 16, 1914, ch. sentence). 141, Sec. 5(c)(2)(1st, last sentences), 38 Stat. 508; restated Aug. 2, 1946, ch. 744, Sec. 16(a), 60 Stat. 810. 1344(b) 31:638a(c)(2)(last sentence). ------------------------------- In subsection (a), before clause (1), the words 'officers and employees of the Government' are substituted for 'officers and employees' for clarity. In clause (2), the words 'performing field work requiring transportation' are substituted for 'engaged in field work the character of whose duties makes such transportation necessary' to eliminate unnecessary words. The word 'agency' is substituted for 'department' because of section 101 of the revised title and for consistency with the source provisions restated in the section and section 1341. In subsection (b)(2), the words 'section 101 of title 5' are used because of section 7(b) of the Act of September 6, 1966 (Pub. L. 89-554, 80 Stat. 631). In subsection (b)(3), the words 'ambassadors, ministers, charges d'affaires' are omitted as being included in 'principal diplomatic and consular officials'. -REFTEXT- REFERENCES IN TEXT Section 28 of the State Department Basic Authorities Act of 1956, referred to in subsec. (c), is classified to section 2700 of Title 22, Foreign Relations and Intercourse. Section 8(a)(1) of the Central Intelligence Agency Act of 1949, referred to in subsec. (c), is classified to section 403j(a)(1) of Title 50, War and National Defense. Subsection (b)(2)(B) of this section, referred to in subsec. (d)(3), (4), was redesignated subsec. (b)(3)(B) by Pub. L. 100-202. See 1987 Amendment note below. -MISC2- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-510 inserted ', section 2637 of title 10,' after 'Act of 1956'. 1987 - Subsec. (b). Pub. L. 100-202, which directed the amendment of 'section 1344(b)(1)' by adding par. (2) and redesignating 'subsections (2) and (3) as subsections (3) and (4), respectively', was executed by adding par. (2) of subsec. (b) and redesignating former pars. (2) and (3) of subsec. (b) as pars. (3) and (4) of subsec. (b), as the probable intent of Congress. Subsec. (b)(4). Pub. L. 100-180 inserted 'the members and Vice Chairman of' before 'the Joint Chiefs of Staff'. 1986 - Pub. L. 99-550 substituted 'carrier' for 'motor vehicle and aircraft' in section catchline and amended text generally. Prior to amendment, text read as follows: '(a) Except as specifically provided by law, an appropriation may be expended to maintain, operate, and repair passenger motor vehicles or aircraft of the United States Government that are used only for an official purpose. An official purpose does not include transporting officers or employees of the Government between their domiciles and places of employment except - '(1) medical officers on out-patient medical service; and '(2) officers or employees performing field work requiring transportation between their domiciles and places of employment when the transportation is approved by the head of the agency. '(b) This section does not apply to a motor vehicle or aircraft for the official use of - '(1) the President; '(2) the heads of executive departments listed in section 101 of title 5; or '(3) principal diplomatic and consular officials.' USE OF GOVERNMENT VEHICLES Pub. L. 101-194, title V, Sec. 503, Nov. 30, 1989, 103 Stat. 1755, as amended by Pub. L. 101-280, Sec. 6(b), May 4, 1990, 104 Stat. 160, provided that: 'Notwithstanding any other provision of law, the head of each department, agency, or other entity of each branch of the Government may prescribe by rule appropriate conditions for the incidental use, for other than official business, of vehicles owned or leased by the Government. Such use with respect to vehicles owned or leased by, or the cost of which is reimbursed by, the House of Representatives or the Senate shall be only as prescribed by rule of the House of Representatives or the Senate, as applicable.' USE OF OFFICIAL VEHICLES OF HOUSE OF REPRESENTATIVES Pub. L. 101-194, title VIII, Sec. 802(d), Nov. 30, 1989, 103 Stat. 1773, provided that: 'The Committee on House Administration of the House of Representatives shall take such action as may be necessary to carry out section 503 (set out above) with respect to vehicles of the House of Representatives.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1349 of this title; title 5 section 3374; title 22 section 3622; title 40 section 491. ------DocID 39273 Document 173 of 536------ -CITE- 31 USC Sec. 1345 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1345. Expenses of meetings -STATUTE- Except as specifically provided by law, an appropriation may not be used for travel, transportation, and subsistence expenses for a meeting. This section does not prohibit - (1) an agency from paying the expenses of an officer or employee of the United States Government carrying out an official duty; and (2) the Secretary of Agriculture from paying necessary expenses for a meeting called by the Secretary for 4-H Boys and Girls Clubs as part of the cooperative extension work of the Department of Agriculture. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1345 31:551. Feb. 2, 1935, ch. 4, 49 Stat. 19. 31:552. June 17, 1935, ch. 271, 49 Stat. 387. ------------------------------- In the section, before clause (1), the word 'appropriation' is substituted for 'no moneys from funds appropriated for any purpose' in 31:551 for consistency in the revised title. The words 'travel, transportation, and subsistence expenses for a meeting' are substituted for 'the purpose of lodging, feeding, conveying, or furnishing transportation to, any conventions or other form of assemblage or gathering' to eliminate unnecessary words. The words 'to be held in the District of Columbia or elsewhere' are omitted as unnecessary. In clause (1), the words 'agency from paying' are substituted for 'the payment of' for clarity and because of section 101 of the revised title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 3788. ------DocID 39274 Document 174 of 536------ -CITE- 31 USC Sec. 1346 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1346. Commissions, councils, boards, and interagency and similar groups -STATUTE- (a) Except as provided in this section - (1) public money and appropriations are not available to pay - (A) the pay or expenses of a commission, council, board, or similar group, or a member of that group; (B) expenses related to the work or the results of work or action of that group; or (C) for the detail or cost of personal services of an officer or employee from an executive agency in connection with that group; and (2) an accounting or disbursing official, absent a special appropriation to pay the account or charge, may not allow or pay an account or charge related to that group. (b) Appropriations of an executive agency are available for the expenses of an interagency group conducting activities of interest common to executive agencies when the group includes a representative of the agency. The representatives receive no additional pay because of membership in the group. An officer or employee of an executive agency not a representative of the group may not receive additional pay for providing services for the group. (c) Subject to section 1347 of this title, this section does not apply to - (1) commissions, councils, boards, or similar groups authorized by law; (2) courts-martial or courts of inquiry of the armed forces; or (3) the contingent fund related to foreign relations at the disposal of the President. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1346(a) 31:672(1st sentence R.S. Sec. 3681. less words between 4th and 5th commas). 31:673(less words Mar. 4, 1909, ch. between 11th comma 299, Sec. 9, 35 and semicolon). Stat. 1027. 1346(b) 31:691. May 3, 1945, ch. 106, Sec. 214, 59 Stat. 134. 1346(c) 31:672(1st sentence words between 4th and 5th commas), (last sentence). 31:673(words between 11th comma and semicolon). ------------------------------- In the section, the words 'executive agency' are substituted for 'any executive department or other Government establishment' for clarity and because of section 102 of the revised title. In subsection (a)(1), before subclause (A), the words 'made by Congress' are omitted as surplus. In subclause (C), the words 'the detail or cost of personal services of an officer' are substituted for 'by detail, hereafter or heretofore made, or otherwise personal services' to eliminate unnecessary words and for clarity. In subsection (a)(2), the words 'of the Government' are omitted as surplus. The words 'absent a special appropriation' are substituted for 'until special appropriations shall have been made by law' to eliminate unnecessary words. In subsection (b), the words 'On or after May 3, 1945' are omitted as executed. The words 'interagency group' are substituted for 'committees, boards, or other interagency groups' to eliminate unnecessary words. The words 'includes a representative of the agency' are substituted for 'composed in whole or in part of representatives thereof' for clarity. In subsection (c)(1), the words 'authorized by law' are substituted for 'unless the creation . . . shall be or shall have been authorized by law' to eliminate unnecessary words. In subsection (c)(2), the words 'armed forces' are substituted for 'military or naval service of the United States' for consistency. Subsection (c)(3) is substituted for the last sentence of 31:672 to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 sections 2396, 2456, 2514. ------DocID 39275 Document 175 of 536------ -CITE- 31 USC Sec. 1347 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1347. Appropriations or authorizations required for agencies in existence for more than one year -STATUTE- (a) An agency in existence for more than one year may not use amounts otherwise available for obligation to pay its expenses without a specific appropriation or specific authorization by law. If the principal duties and powers of the agency are substantially the same as or similar to the duties and powers of an agency established by executive order, the agency established later is deemed to have been in existence from the date the agency established by the order came into existence. (b) Except as specifically authorized by law, another agency may not use amounts available for obligation to pay expenses to carry out duties and powers substantially the same as or similar to the principal duties and powers of an agency that is prohibited from using amounts under this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1347(a) 31:696(1st, 2d June 27, 1944, ch. sentences). 286, Sec. 213, 58 Stat. 387. 1347(b) 31:696(last sentence). ------------------------------- In the section, the word 'agency' is substituted for 'agency or instrumentality' because of section 101 of the revised title and for consistency. The words 'amounts otherwise available for obligation' are substituted for 'any appropriation or fund made available by this or any other Act', and the words 'duties and powers' are substituted for 'functions', for consistency in the revised title. In subsection (a), the words 'After January 1, 1945' are omitted as executed. The words 'including those established by Executive order' are omitted the first time they appear as surplus. The words 'from the date . . . came into existence' are substituted for 'during the existence' for clarity. In subsection (b), the word 'amounts' is substituted for 'appropriations' for consistency in the revised title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1346 of this title. ------DocID 39276 Document 176 of 536------ -CITE- 31 USC Sec. 1348 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1348. Telephone installation and charges -STATUTE- (a)(1) Except as provided in this section, appropriations are not available to install telephones in private residences or for tolls or other charges for telephone service from private residences. (2) Under regulations of the Secretary of State, appropriations may be used to install and pay for the use of telephones in residences owned or leased by the United States Government in foreign countries for the use of the Foreign Service. Subsection (b) of this section applies to long-distance calls made on those telephones. (b) Appropriations of an agency are available to pay charges for a long-distance call if required for official business and the voucher to pay for the call is sworn to by the head of the agency. Appropriations of an executive agency are available only if the head of the agency also certifies that the call is necessary in the interest of the Government. (c) Under regulations prescribed by the Secretary of the Army on recommendation of the Chief of Engineers, not more than $30,000 may be expended each fiscal year to install and use in private residences telephones required for official business in constructing and operating locks and dams for navigation, flood control, and related water uses. (d) Under regulations prescribed by the Secretary of Defense, funds appropriated to the Department of Defense are available to install, repair, and maintain telephone wiring in residences owned or leased by the United States Government and, if necessary for national defense purposes, in other private residences. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926; Pub. L. 98-407, title VIII, Sec. 811(a), Aug. 28, 1984, 98 Stat. 1523.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1348(a)(1) 31:679(words before Aug. 23, 1912, ch. 2d comma). 350, Sec. 7(less proviso), 37 Stat. 414. 1348(a)(2) 31:679(proviso). Aug. 23, 1912, ch. 350, 37 Stat. 360, Sec. 7(proviso); added Apr. 30, 1940, ch. 175, 54 Stat. 175. 1348(b) 31:679(words between 2d comma and proviso). 31:680a. May 10, 1939, ch. 119, Sec. 4, 53 Stat. 738. 1348(c) 31:680. Sept. 22, 1922, ch. 427, Sec. 7, 42 Stat. 1042; May 17, 1950, ch. 188, Sec. 203, 64 Stat. 170; restated June 28, 1955, ch. 198, 69 Stat. 188. ------------------------------- In subsection (a)(1), the words 'or private apartment' are omitted as being included in 'private residences'. In subsection (a)(2), the word 'appropriations' is substituted for 'Government funds', and the word 'calls' is substituted for 'tolls', for consistency. The word 'official' is omitted as surplus. In subsection (b), the words 'On and after May 10, 1939' in 31:680a are omitted as executed. The word 'agency' is substituted for 'executive department, establishment, or agency' for clarity and because of section 101 of the revised title. The words 'official business' are substituted for 'public business' in 31:679 and 'transaction of public business which the interests of the Government require to be so transacted' in 31:680a to eliminate unnecessary words. The words 'division, bureau, or office' in 31:679 are omitted as being included in 'agency'. The words 'or such subordinates as he may specially designate' in 31:680a are omitted as surplus. In subsection (c), the words 'On and after September 22, 1922 the provisions of section 679 of this title, or any other law prohibiting the expenditure of public money . . . shall not be construed to apply to or forbid' are omitted as unnecessary because of the restatement. AMENDMENTS 1984 - Subsec. (d). Pub. L. 98-407 added subsec. (d). EFFECTIVE DATE OF 1984 AMENDMENT Section 811(b) of Pub. L. 98-407 provided that: 'The amendment made by subsection (a) (amending this section) shall be effective as of January 1, 1984. Funds appropriated to the Department of Defense may be used to reimburse persons for expenditures made after December 31, 1983, for the installation, repair, and maintenance of telephone wiring in any Government-owned or leased housing unit before the date of the enactment of this Act (Aug. 28, 1984).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 580f; title 22 section 287e. ------DocID 39277 Document 177 of 536------ -CITE- 31 USC Sec. 1349 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1349. Adverse personnel actions -STATUTE- (a) An officer or employee of the United States Government or of the District of Columbia government violating section 1341(a) or 1342 of this title shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. (b) An officer or employee who willfully uses or authorizes the use of a passenger motor vehicle or aircraft owned or leased by the United States Government (except for an official purpose authorized by section 1344 of this title) or otherwise violates section 1344 shall be suspended without pay by the head of the agency. The officer or employee shall be suspended for at least one month, and when circumstances warrant, for a longer period or summarily removed from office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1349(a) 31:665(i)(1)(words R.S. Sec. before semicolon 3679(i)(1)(words related to (a), before semicolon (b)). related to (a), (b)); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 768. 1349(b) 31:638a(c)(2)(2d July 16, 1914, ch. sentence). 141, Sec. 5(c)(2)(2d sentence), 38 Stat. 508; restated Aug. 2, 1946, ch. 744, Sec. 16(a), 60 Stat. 810. ------------------------------- In subsection (a), the words 'In addition to any penalty or liability under other law' are omitted as surplus. The words 'District of Columbia government' are added because of section 47-105 of the D.C. Code. In subsection (b), the words 'of the Government' and 'from duty' are omitted as unnecessary because of the restatement. The word 'pay' is substituted for 'compensation' for consistency. The word 'agency' is substituted for 'department' because of section 101 of the revised title and for consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 60a-2; title 5 sections 3374, 5306; title 22 sections 277d-3, 1461b, 3622, 3723; title 40 section 491; title 42 sections 2204, 2204a, 2210, 2295, 2394. ------DocID 39278 Document 178 of 536------ -CITE- 31 USC Sec. 1350 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1350. Criminal penalty -STATUTE- An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating section 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1350 31:665(i)(1)(words R.S. Sec. after semicolon 3679(i)(1)(words related to (a), after semicolon (b)). related to (a), (b)); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 768. ------------------------------- The words 'District of Columbia government' are added because of section 47-105 of the D.C. Code. The words 'upon conviction' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 60a-2; title 5 section 5306; title 22 sections 277d-3, 1461b, 3723; title 42 sections 2204, 2204a, 2210, 2295, 2394. ------DocID 39279 Document 179 of 536------ -CITE- 31 USC Sec. 1351 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1351. Reports on violations -STATUTE- If an officer or employee of an executive agency or an officer or employee of the District of Columbia government violates section 1341(a) or 1342 of this title, the head of the agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1351 31:665(i)(2)(related R.S. Sec. to (a), (b)). 3679(i)(2)(related to (a), (b)); Mar. 3, 1905, ch. 1404, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 768. ------------------------------- The words 'executive agency' are substituted for 'agency' because the definition of 'agency' in 31:665(d)(2) applies to the source provisions restated in the section and because of section 102 of the revised title. The word 'Mayor' is used because of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 948) and sections 421, 422, and 771 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 789, 818). The word 'President' is substituted for 'President, through the Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 60a-2; title 5 section 5306; title 22 sections 277d-3, 1461b, 3723; title 42 sections 2204, 2204a, 2210, 2295, 2394. ------DocID 39280 Document 180 of 536------ -CITE- 31 USC Sec. 1352 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1352. Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions -STATUTE- (a)(1) None of the funds appropriated by any Act may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in paragraph (2) of this subsection. (2) The prohibition in paragraph (1) of this subsection applies with respect to the following Federal actions: (A) The awarding of any Federal contract. (B) The making of any Federal grant. (C) The making of any Federal loan. (D) The entering into of any cooperative agreement. (E) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b)(1) Each person who requests or receives a Federal contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency, in accordance with paragraph (4) of this subsection - (A) a written declaration described in paragraph (2) or (3) of this subsection, as the case may be; and (B) copies of all declarations received by such person under paragraph (5). (2) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a Federal contract, grant, loan, or cooperative agreement shall contain - (A) a statement setting forth whether such person - (i) has made any payment with respect to that Federal contract, grant, loan, or cooperative agreement, using funds other than appropriated funds, which would be prohibited by subsection (a) of this section if the payment were paid for with appropriated funds; or (ii) has agreed to make any such payment; (B) with respect to each such payment (if any) and each such agreement (if any) - (i) the name and address of each person paid, to be paid, or reasonably expected to be paid; (ii) the name and address of each individual performing the services for which such payment is made, to be made, or reasonably expected to be made; (iii) the amount paid, to be paid, or reasonably expected to be paid; (iv) how the person was paid, is to be paid, or is reasonably expected to be paid; and (v) the activity for which the person was paid, is to be paid, or is reasonably expected to be paid; and (C) a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a). (3) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a commitment providing for the United States to insure or guarantee a loan shall contain - (A) a statement setting forth whether such person - (i) has made any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guaranty; or (ii) has agreed to make any such payment; and (B) with respect to each such payment (if any) and each such agreement (if any), the information described in paragraph (2)(B) of this subsection. (4) A person referred to in paragraph (1)(A) of this subsection shall file a declaration referred to in that paragraph - (A) with each submission by such person that initiates agency consideration of such person for award of a Federal contract, grant, loan, or cooperative agreement, or for grant of a commitment providing for the United States to insure or guarantee a loan; (B) upon receipt by such person of a Federal contract, grant, loan, or cooperative agreement or of a commitment providing for the United States to insure or guarantee a loan, unless such person previously filed a declaration with respect to such contract, grant, loan, cooperative agreement or commitment pursuant to clause (A); and (C) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed by such person in connection with such Federal contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment. (5) Any person who requests or receives from a person referred to in paragraph (1) of this subsection a subcontract under a Federal contract, a subgrant or contract under a Federal grant, a contract or subcontract to carry out any purpose for which a particular Federal loan is made, or a contract under a Federal cooperative agreement shall be required to file with the person referred to in such paragraph a written declaration referred to in clause (A) of such paragraph. (6)(A) The head of each agency shall collect and compile the information contained, pursuant to paragraphs (2)(B) and (3)(B) of this subsection, in the statements filed under this subsection and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a report containing a compilation of the information contained, pursuant to such paragraphs, in the statements received during the six-month period ending on March 31 or September 30, respectively, of that year. The report, including the compilation, shall be available for public inspection 30 days after receipt of the report by the Secretary and the Clerk. (B) Notwithstanding subparagraph (A) - (i) information referred to in subparagraph (A) that involves intelligence matters shall be reported only to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees; (ii) information referred to in subparagraph (A) that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy, is classified in accordance with such order, and is available only by special access shall be reported only to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives or the Committees on Armed Services of the Senate and the House of Representatives (whichever such committees have jurisdiction of matters involving such information) and to the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees; and (iii) information reported in accordance with this subparagraph shall not be available for public inspection. (7) The Director of the Office of Management and Budget, after consulting with the Secretary of the Senate and the Clerk of the House of Representatives, shall issue guidance for agency implementation of, and compliance with, the requirements of this section. (C)(1) (FOOTNOTE 1) Any person who makes an expenditure prohibited by subsection (a) of this section shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (FOOTNOTE 1) So in original. Probably should be '(c)(1)'. (2)(A) Any person who fails to file or amend a declaration required to be filed or amended under subsection (b) of this section shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (B) A filing of a declaration of a declaration amendment on or after the date on which an administrative action for the imposition of a civil penalty under this subsection is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. For the purposes of this subparagraph, an administrative action is commenced with respect to a failure when an investigating official determines in writing to commence an investigation of an allegation of such failure. (3) Sections 3803 (except for subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812 of this title shall be applied, consistent with the requirements of this section, to the imposition and collection of civil penalties under this subsection. (4) An imposition of a civil penalty under this subsection does not prevent the United States from seeking any other remedy that the United States may have for the same conduct that is the basis for the imposition of such civil penalty. (d)(1) The official of each agency referred to in paragraph (3) of this subsection shall submit to Congress each year an evaluation of the compliance of that agency with, and the effectiveness of, the requirements imposed by this section on the agency, persons requesting or receiving Federal contracts, grants, loans, or cooperative agreements from that agency, and persons requesting or receiving from that agency commitments providing for the United States to insure or guarantee loans. The report shall be submitted at the same time the agency submits its annual budget justifications to Congress. (2) The report of an agency under paragraph (1) of this subsection shall include the following: (A) All alleged violations of the requirements of subsections (a) and (b) of this section, relating to the agency's Federal actions referred to in such subsections, during the year covered by the report. (B) The actions taken by the head of the agency in such year with respect to those alleged violations and any alleged violations of subsections (a) and (b) of this section that occurred before such year, including the amounts of civil penalties imposed by the head of such agency in such year, if any. (3) The Inspector General of an agency shall prepare and submit the annual report of the agency required by paragraph (1) of this subsection. In the case of an agency that does not have an inspector general, the agency official comparable to an inspector general shall prepare and submit the annual report, or, if there is no such comparable official, the head of the agency shall prepare and submit such annual report. (e)(1)(A) Subsection (a)(1) of this section does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement to the extent that the payment is for agency and legislative liaison activities not directly related to a Federal action referred to in subsection (a)(2) of this section. (B) Subsection (a)(1) of this section does not prohibit any reasonable payment to a person in connection with, or any payment of reasonable compensation to an officer or employee of a person requesting or receiving, a Federal contract, grant, loan, or cooperative agreement or an extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement. (C) Nothing in this paragraph shall be construed as permitting the use of appropirated (FOOTNOTE 2) funds for making any payment prohibited in or pursuant to any other provision of law (FOOTNOTE 3) (FOOTNOTE 2) So in original. Probably should be 'appropriated'. (FOOTNOTE 3) So in original. Probably should be followed by a period. (2) The reporting requirement in subsection (b) of this section shall not apply to any person with respect to - (A) payments of reasonable compensation made to regularly employed officers or employees of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or a commitment providing for the United States to insure or guarantee a loan; (B) a request for or receipt of a contract (other than a contract referred to in clause (C)), grant, cooperative agreement, subcontract (other than a subcontract referred to in clause (C)), or subgrant that does not exceed $100,000; and (C) a request for or receipt of a loan, or a commitment providing for the United States to insure or guarantee a loan, that does not exceed $150,000, or the single family maximum mortgage limit for affected programs, whichever is greater, including a contract or subcontract to carry out any purpose for which such a loan is made. (f) The Secretary of Defense may exempt a Federal action described in subsection (a)(2) from the prohibition in subsection (a)(1) whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after making such determination. (g) The head of each Federal agency shall take such actions as are necessary to ensure that the provisions of this section are vigorously implemented and enforced in such agency. (h) As used in this section: (1) The term 'recipient', with respect to funds received in connection with a Federal contract, grant, loan, or cooperative agreement - (A) includes the contractors, subcontractors, or subgrantees (as the case may be) of the recipient; but (B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures that are by such tribe or organization for purposes specified in subsection (a) and are permitted by other Federal law. (2) The term 'agency' has the same meaning provided for such term in section 552(f) of title 5, and includes a Government corporation, as defined in section 9101(1) of this title. (3) The term 'person' - (A) includes an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit; but (B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures by such tribe or organization that are made for purposes specified in subsection (a) and are permitted by other Federal law. (4) The term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers. (5) The term 'local government' means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, the following entities: (A) A local public authority. (B) A special district. (C) An intrastate district. (D) A council of governments. (E) A sponsor group representative organization. (F) Any other instrumentality of a local government. (6)(A) The terms 'Federal contract', 'Federal grant', 'Federal cooperative agreement' mean, respectively - (i) a contract awarded by an agency; (ii) a grant made by an agency or a direct appropriation made by law to any person; and (iii) a cooperative agreement entered into by an agency. (B) Such terms do not include - (i) direct United States cash assistance to an individual; (ii) a loan; (iii) loan insurance; or (iv) a loan guaranty. (7) The term 'Federal loan' means a loan made by an agency (FOOTNOTE 4) Such term does not include loan insurance or a loan guaranty (FOOTNOTE 4) (FOOTNOTE 4) So in original. Probably should be followed by a period. (8) The term 'reasonable payment' means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. (9) The term 'reasonable compensation' means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. (10) The term 'regularly employed', with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or a commitment providing for the United States to insure or guarantee a loan, means an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment. (11) The terms 'Indian tribe' and 'tribal organization' have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). -SOURCE- (Added Pub. L. 101-121, title III, Sec. 319(a)(1), Oct. 23, 1989, 103 Stat. 750, and amended Pub. L. 101-512, title III, Sec. 320, Nov. 5, 1990, 104 Stat. 1977.) -MISC1- PRIOR PROVISIONS Another section 1352 was renumbered section 1353 of this title. AMENDMENTS 1990 - Subsec. (e)(2)(C). Pub. L. 101-512 inserted 'or the single family maximum mortgage limit for affected programs, whichever is greater,' after '$150,000,'. EFFECTIVE DATE Section 319(d) of Pub. L. 101-121 provided that: 'Section 1352 of title 31, United States Code (as added by subsection (a)), shall take effect with respect to Federal contracts, grants, loans, cooperative agreements, loan insurance commitments, and loan guaranty commitments that are entered into or made more than 60 days after the date of the enactment of this Act (Oct. 23, 1989).' FIRST REPORT ON MAY 31, 1990; CONTENT Section 319(b) of Pub. L. 101-121 provided that: 'The first report submitted under subsection (b)(6) of section 1352 of title 31, United States Code (as added by subsection (a)), shall be submitted on May 31, 1990, and shall contain a compilation relating to the statements received under subsection (b) of such section during the six-month period beginning on October 1, 1989.' NOTIFICATION OF COMPLIANCE DATE; GUIDANCE FOR AGENCY IMPLEMENTATION Section 319(c) of Pub. L. 101-121 provided that: 'The Director of the Office of Management and Budget shall notify the head of each agency that section 1352 of title 31, United States Code (as added by subsection (a)), is to be complied with commencing 60 days after the date of the enactment of this Act (Oct. 23, 1989). Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue the guidance required by subsection (b)(7) of such section.' ------DocID 39281 Document 181 of 536------ -CITE- 31 USC Sec. 1353 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 1353. Acceptance of travel and related expenses from non-Federal sources -STATUTE- (a) Notwithstanding any other provision of law, the Administrator of General Services, in consultation with the Director of the Office of Government Ethics, shall prescribe by regulation the conditions under which an agency in the executive branch (including an independent agency) may accept payment, or authorize an employee of such agency to accept payment on the agency's behalf, from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the official duties of the employee. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses. (b) Except as provided in this section or section 4111 or 7342 of title 5, an agency or employee may not accept payment for expenses referred to in subsection (a). An employee who accepts any payment in violation of the preceding sentence - (1) may be required, in addition to any penalty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accepted; and (2) in the case of a repayment under paragraph (1), shall not be entitled to any payment from the Government for such expenses. (c) As used in this section - (1) the term 'executive branch' means all executive agencies (as such term is defined in section 105 of title 5); and (2) the term 'employee in the executive branch' means - (A) an appointed officer or employee in the executive branch; and (B) an expert or consultant in the executive branch, under section 3109 of title 5; and (3) the term 'payment' means a payment or reimbursement, in cash or in kind. (d)(1) The head of each agency of the executive branch shall, in the manner provided in paragraph (2), submit to the Director of the Office of Government Ethics reports of payments of more than $250 accepted under this section with respect to employees of the agency. The Director shall make such reports available for public inspection and copying. (2) The reports required by paragraph (1) shall, with respect to each payment - (A) specify the amount and method of payment, the name of the person making the payment, the name of the employee, the nature of the meeting or similar function, the time and place of travel, the nature of the expenses, and such other information as the Administrator of General Services may prescribe by regulation under subsection (a); (B) be submitted not later than May 31 of each year with respect to payments in the preceding period beginning on October 1 and ending on March 31; and (C) be submitted not later than November 30 of each year with respect to payments in the preceding period beginning on April 1 and ending on September 30. -SOURCE- (Added Pub. L. 101-194, title III, Sec. 302(a), Nov. 30, 1989, 103 Stat. 1745, Sec. 1352; renumbered Sec. 1353 and amended Pub. L. 101-280, Sec. 4(b)(1), (c), May 4, 1990, 104 Stat. 157, 158.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-280, Sec. 4(b)(1), renumbered section 1352 of this title as this section. Subsec. (a). Pub. L. 101-280, Sec. 4(c)(1), substituted 'in the executive branch (including an independent agency) may accept payment, or authorize an employee of such agency to accept payment on the agency's behalf,' for 'or employee in the executive branch may accept payment'. Subsec. (b). Pub. L. 101-280, Sec. 4(c)(2)(A), inserted 'or 7342' after 'section 4111'. Subsec. (b)(2). Pub. L. 101-280, Sec. 4(c)(2)(B), substituted '(1),' for '(1)'. Subsec. (c)(1). Pub. L. 101-280, Sec. 4(c)(3), substituted 'all executive agencies' for 'any executive agency'. ------DocID 39282 Document 182 of 536------ -CITE- 31 USC CHAPTER 15 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 -HEAD- CHAPTER 15 - APPROPRIATION ACCOUNTING -MISC1- SUBCHAPTER I - GENERAL Sec. 1501. Documentary evidence requirement for Government obligations. 1502. Balances available. 1503. Comptroller General reports of amounts for which no accounting is made. SUBCHAPTER II - APPORTIONMENT 1511. Definition and application. 1512. Apportionment and reserves. 1513. Officials controlling apportionments. 1514. Administrative division of apportionments. 1515. Authorized apportionments necessitating deficiency or supplemental appropriations. 1516. Exemptions. 1517. Prohibited obligations and expenditures. 1518. Adverse personnel actions. 1519. Criminal penalty. SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS 1531. Transfers of functions and activities. 1532. Withdrawal and credit. 1533. Transfers of appropriations for salaries and expenses to carry out national defense responsibilities. 1534. Adjustments between appropriations. 1535. Agency agreements. 1536. Crediting payments from purchases between executive agencies. 1537. Services between the United States Government and the District of Columbia government. SUBCHAPTER IV - CLOSING ACCOUNTS 1551. Definitions and application. (FOOTNOTE 1) 1552. Audit, control, and reporting. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 1553. Availability of appropriation accounts to pay obligations. 1554. Audit, control, and reporting. 1555. Closing of appropriation accounts available for indefinite periods. 1556. Comptroller General: reports on appropriation accounts. 1557. Authority for exemptions in appropriation laws. 1558. Availability of funds following resolution of a protest. AMENDMENTS 1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(2), Nov. 5, 1990, 104 Stat. 1679, substituted 'Audit, control, and reporting' for 'Procedure for appropriation accounts available for definite periods' in item 1552 and for 'Review of appropriation accounts' in item 1554, 'Closing of appropriation accounts available' for 'Withdrawal of unobligated balances of appropriations' in item 1555, 'General: reports' for 'General reports' in item 1556, and 'Authority for exemptions in appropriation laws' for 'Authorization to exempt' in item 1557. 1989 - Pub. L. 101-189, div. A, title VIII, Sec. 813(b), Nov. 29, 1989, 103 Stat. 1494, added item 1558. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 12 sections 481, 1422b, 1467, 1772b, 1817; title 42 section 294a. ------DocID 39283 Document 183 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL ------DocID 39284 Document 184 of 536------ -CITE- 31 USC Sec. 1501 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 1501. Documentary evidence requirement for Government obligations -STATUTE- (a) An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of - (1) a binding agreement between an agency and another person (including an agency) that is - (A) in writing, in a way and form, and for a purpose authorized by law; and (B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided; (2) a loan agreement showing the amount and terms of repayment; (3) an order required by law to be placed with an agency; (4) an order issued under a law authorizing purchases without advertising - (A) when necessary because of a public exigency; (B) for perishable subsistence supplies; or (C) within specific monetary limits; (5) a grant or subsidy payable - (A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas prescribed by law; (B) under an agreement authorized by law; or (C) under plans approved consistent with and authorized by law; (6) a liability that may result from pending litigation; (7) employment or services of persons or expenses of travel under law; (8) services provided by public utilities; or (9) other legal liability of the Government against an available appropriation or fund. (b) A statement of obligations provided to Congress or a committee of Congress by an agency shall include only those amounts that are obligations consistent with subsection (a) of this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 927.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1501(a) 31:200(a). Aug. 26, 1954, ch. 935, Sec. 1311(a), (e), 68 Stat. 830, 831. 1501(b) 31:200(e). ------------------------------- In subsection (a), before clause (1), the words 'After August 26, 1954' are omitted as executed. In clause (1), the words 'an agency and another person (including an agency)' are substituted for 'the parties thereto, including Government agencies' for clarity. In clause (2), the word 'valid' is omitted as unnecessary. In clause (6), the words 'brought under authority of law' are omitted as surplus. In clause (9), the word 'legally' is omitted as surplus. In subsection (b), the words 'consistent with' are substituted for 'as defined in' for clarity and for consistency with section 1108 of the revised title. The word 'valid' is omitted as unnecessary. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1108, 1502 of this title; title 19 section 2345; title 22 section 2361; title 49 App. sections 1602, 2212. ------DocID 39285 Document 185 of 536------ -CITE- 31 USC Sec. 1502 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 1502. Balances available -STATUTE- (a) The balance of an appropriation or fund limited for obligation to a definite period is available only for payment of expenses properly incurred during the period of availability or to complete contracts properly made within that period of availability and obligated consistent with section 1501 of this title. However, the appropriation or fund is not available for expenditure for a period beyond the period otherwise authorized by law. (b) A provision of law requiring that the balance of an appropriation or fund be returned to the general fund of the Treasury at the end of a definite period does not affect the status of lawsuits or rights of action involving the right to an amount payable from the balance. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1502(a) 31:200(d). Aug. 26, 1954, ch. 935, Sec. 1311(d), 68 Stat. 831. 31:712a. July 6, 1949, ch. 299, Sec. 1, 63 Stat. 407. 1502(b) 31:665b. July 1, 1973, Pub. L. 93-52, Sec. 111, 87 Stat. 134. ------------------------------- Subsection (a) restates the source provisions to eliminate unnecessary words and for consistency. In subsection (b), the words 'balance of an appropriation or fund' are substituted for 'unexpended funds' for clarity and consistency in the revised chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 2345; title 38 section 114; title 49 App. section 1602. ------DocID 39286 Document 186 of 536------ -CITE- 31 USC Sec. 1503 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 1503. Comptroller General reports of amounts for which no accounting is made -STATUTE- The Comptroller General shall make a special report each year to Congress on recommendations for changes in laws, that the Comptroller General believes may be in the public interest, about amounts - (1) for which no accounting is made to the Comptroller General; and (2) that are in - (A) accounts of the United States Government; or (B) the custody of an officer or employee of the Government if the Government is financially concerned. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1503 31:725w. June 26, 1934, ch. 756, Sec. 24, 48 Stat. 1236; Aug. 30, 1954, ch. 1076, Sec. 1(31), 68 Stat. 968. ------------------------------- The words 'shall cause a survey to be made' are omitted as executed. The word 'existing' is omitted as surplus. ------DocID 39287 Document 187 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- SUBCHAPTER II - APPORTIONMENT -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 2 sections 60a-2, 661d; title 5 section 5306; title 16 section 831n-4; title 22 sections 277d-3, 1461b, 2587, 3723; title 39 section 2003; title 42 sections 2204, 2204a, 2210, 2295, 2394, 10156, 10222; title 47 section 603. ------DocID 39288 Document 188 of 536------ -CITE- 31 USC Sec. 1511 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1511. Definition and application -STATUTE- (a) In this subchapter, 'appropriations' means - (1) appropriated amounts; (2) funds; and (3) authority to make obligations by contract before appropriations. (b) This subchapter does not apply to - (1) amounts (except amounts for administrative expenses) available - (A) for price support and surplus removal of agricultural commodities; and (B) under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c); (2) a corporation getting amounts to make loans (except paid in capital amounts) without legal liability on the part of the United States Government; and (3) the Senate, the House of Representatives, a committee of Congress, a member, officer, employee, or office of either House of Congress, or the Office of the Architect of the Capitol or an officer or employee of that Office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1511(a) 31:665(c)(1)(last R.S. Sec. sentence), 3679(c)(1)(last (d)(2)(5th sentence), sentence). (d)(2)(5th sentence, 6th sentence less 1st- 22d words, last sentence related to price supports), (f)(2); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 765, 766, 767. 1511(b)(1) 31:665(d)(2)(6th sentence less 1st- 22d words). 1511(b)(2) 31:665(d)(2)(last sentence related to price supports). 1511(b)(3) 31:665(f)(2). ------------------------------- In subsection (a)(1), the words 'appropriated amounts' are substituted for 'appropriations' for clarity. In clause (3), the word 'make' is substituted for 'create' as being more precise. The text of 31:665(d)(2)(5th sentence) is omitted as unnecessary because of section 102 of the revised title. In subsection (b), the word 'amounts' is substituted for 'funds' for consistency in the revised title. In clause (1)(B), the words '(7 U.S.C. 612c)' are substituted for 'section 612(c) of title 7' to correct an error in section 3679(d)(2)(6th sentence) of the Revised Statutes. Clause (2) is substituted for the source provisions for consistency in the revised title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 114. ------DocID 39289 Document 189 of 536------ -CITE- 31 USC Sec. 1512 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1512. Apportionment and reserves -STATUTE- (a) Except as provided in this subchapter, an appropriation available for obligation for a definite period shall be apportioned to prevent obligation or expenditure at a rate that would indicate a necessity for a deficiency or supplemental appropriation for the period. An appropriation for an indefinite period and authority to make obligations by contract before appropriations shall be apportioned to achieve the most effective and economical use. An apportionment may be reapportioned under this section. (b)(1) An appropriation subject to apportionment is apportioned by - (A) months, calendar quarters, operating seasons, or other time periods; (B) activities, functions, projects, or objects; or (C) a combination of the ways referred to in clauses (A) and (B) of this paragraph. (2) The official designated in section 1513 of this title to make apportionments shall apportion an appropriation under paragraph (1) of this subsection as the official considers appropriate. Except as specified by the official, an amount apportioned is available for obligation under the terms of the appropriation on a cumulative basis unless reapportioned. (c)(1) In apportioning or reapportioning an appropriation, a reserve may be established only - (A) to provide for contingencies; (B) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or (C) as specifically provided by law. (2) A reserve established under this subsection may be changed as necessary to carry out the scope and objectives of the appropriation concerned. When an official designated in section 1513 of this title to make apportionments decides that an amount reserved will not be required to carry out the objectives and scope of the appropriation concerned, the official shall recommend the rescission of the amount in the way provided in chapter 11 of this title for appropriation requests. Reserves established under this section shall be reported to Congress as provided in the Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.). (d) An apportionment or a reapportionment shall be reviewed at least 4 times a year by the official designated in section 1513 of this title to make apportionments. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 929.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1512(a) 31:665(c)(1)(1st R.S. Sec. sentence), 3679(c)(1)(1st (4)(words after 1st sentence), (3), comma). (4); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 765, 766. 1512(b) 31:665(c)(3). 1512(c) 31:665(c)(2). R.S. Sec. 3679(c)(2); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 765; restated July 12, 1974, Pub. L. 93- 344, Sec. 1002, 88 Stat. 332. 1512(d) 31:665(c)(4)(words before 1st comma). ------------------------------- In subsection (a), the word 'appropriation' is substituted for 'appropriations or funds' because of the definition of 'appropriation' in section 1511 of the revised title. The words 'at a rate' are substituted for 'in a manner' for clarity. The words 'indefinite period' are substituted for 'not limited to a definite period of time' for consistency in the revised title. The words 'An apportionment may be reapportioned under this section' are substituted for 31:665(c)(4)(words after 1st comma) to eliminate unnecessary words. In subsection (b)(1), before clause (A), the word 'apportioned' is substituted for 'distributed' for consistency in the revised section. In subsections (b)(2) and (d), the word 'official' is substituted for 'officer' for consistency in the revised title. In subsection (c)(1)(C), the words 'by law' are substituted for 'by particular appropriation Acts or other laws' to eliminate unnecessary words. In subsection (c)(2), the words 'appropriation requests' are substituted for 'estimates of appropriations' for consistency with chapter 11 of the revised title. -REFTEXT- REFERENCES IN TEXT The Impoundment Control Act of 1974, referred to in subsec. (c)(2), is title X of Pub. L. 93-344, July 12, 1974, 88 Stat. 332, as amended, which is classified principally to chapter 17B (Sec. 681 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 681 of Title 2 and Tables. -MISC2- APPORTIONMENT OF FUNDS APPROPRIATED TO DISTRICT OF COLUMBIA GOVERNMENT Pub. L. 100-202, Sec. 101(c) (title I, Sec. 135), Dec. 22, 1987, 101 Stat. 1329-90, 1329-102, provided that: 'Federal funds hereafter appropriated to the District of Columbia government shall not be subject to apportionment except to the extent specifically provided by statute.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1513, 1515 of this title; title 10 section 2201; title 40 section 757. ------DocID 39290 Document 190 of 536------ -CITE- 31 USC Sec. 1513 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1513. Officials controlling apportionments -STATUTE- (a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government that is required to be apportioned under section 1512 of this title shall apportion the appropriation in writing. An appropriation shall be apportioned not later than the later of the following: (1) 30 days before the beginning of the fiscal year for which the appropriation is available; or (2) 30 days after the date of enactment of the law by which the appropriation is made available. (b)(1) The President shall apportion in writing an appropriation available to an executive agency (except the Commission) that is required to be apportioned under section 1512 of this title. The head of each executive agency to which the appropriation is available shall submit to the President information required for the apportionment in the form and the way and at the time specified by the President. The information shall be submitted not later than the later of the following: (A) 40 days before the beginning of the fiscal year for which the appropriation is available; or (B) 15 days after the date of enactment of the law by which the appropriation is made available. (2) The President shall notify the head of the executive agency of the action taken in apportioning the appropriation under paragraph (1) of this subsection not later than the later of the following: (A) 20 days before the beginning of the fiscal year for which the appropriation is available; or (B) 30 days after the date of enactment of the law by which the appropriation is made available. (c) By the first day of each fiscal year, the head of each executive department of the United States Government shall apportion among the major organizational units of the department the maximum amount to be expended by each unit during the fiscal year out of each contingent fund appropriated for the entire year for the department. Each amount may be changed during the fiscal year only by written direction of the head of the department. The direction shall state the reasons for the change. (d) An appropriation apportioned under this subchapter may be divided and subdivided administratively within the limits of the apportionment. (e) This section does not affect the initiation and operation of agricultural price support programs. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 930.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1513(a) 31:665(d)(1). R.S. Sec. 3679(d)(1), (2)(1st- 4th sentences, 6th sentence 1st-22d words), (g)(1st sentence); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 766, 767; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085; Jan. 3, 1975, Pub. L. 93- 618, Sec. 175(a)(2), 88 Stat. 2011. 1513(b) 31:665(d)(2)(1st-4th sentences). 1513(c) 31:669(words before Aug. 23, 1912, ch. semicolon). 350, Sec. 6(words before semicolon), 37 Stat. 414. 1513(d) 31:665(g)(1st sentence). 1513(e) 31:665(d)(2)(6th sentence 1st-22d words). ------------------------------- In the section, the word 'apportion' is substituted for 'apportionment or reapportionment' because of section 1512(a)(last sentence) of the revised title. In subsection (a), before clause (1), the word 'official' is substituted for 'officer' for consistency in the revised title. The words 'judicial branch' are substituted for 'judiciary', and the words 'District of Columbia government' are substituted for 'District of Columbia', for consistency. In subsection (b), the word 'President' is substituted for 'Director of the Office of Management and Budget', 'Office of Management and Budget', and 'Director' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In subsection (b)(1), the words '(except the Commission)' are added because the International Trade Commission is covered specifically by the source provisions restated in subsection (a). In subsection (b)(2), the words 'head of the executive agency' are substituted for 'agency' as being more precise and because of section 102 of the revised title. In subsection (c), the words 'In addition to the apportionment required by section 665 of this title' are omitted as unnecessary because of the restatement. The words 'By the first day' are substituted for 'on or before the beginning', and the words 'of the United States Government' are added, for clarity. The words 'major organizational unit' are substituted for 'office or bureau' for consistency in the revised section. The word 'changed' is substituted for 'increased or diminished' to eliminate unnecessary words. In subsection (e), the words 'initiation and operation' are substituted for 'initiation, operation, and administration' to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1512, 1516 of this title; title 16 section 470m; title 40 section 757. ------DocID 39291 Document 191 of 536------ -CITE- 31 USC Sec. 1514 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1514. Administrative division of apportionments -STATUTE- (a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government, and, subject to the approval of the President, the head of each executive agency (except the Commission) shall prescribe by regulation a system of administrative control not inconsistent with accounting procedures prescribed under law. The system shall be designed to - (1) restrict obligations or expenditures from each appropriation to the amount of apportionments or reapportionments of the appropriation; and (2) enable the official or the head of the executive agency to fix responsibility for an obligation or expenditure exceeding an apportionment or reapportionment. (b) To have a simplified system for administratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative division for each appropriation affecting the unit. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 930.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1514(a) 31:665(g)(2d R.S. Sec. 3679(g)(2d sentence). sentence); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 767; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085; Jan. 3, 1975, Pub. L. 93-618, Sec. 175(a)(2), 88 Stat. 2011. 1514(b) 31:665(g)(last R.S. Sec. sentence). 3679(g)(last sentence); added Aug. 1, 1956, ch. 814, Sec. 3, 70 Stat. 783. ------------------------------- In the section, the words '(except the Commission)' are added because the International Trade Commission is covered specifically by the source provisions restated in this section. In subsection (a), the word 'official' is substituted for 'officer' for consistency in the revised title. The words 'judicial branch' are substituted for 'judiciary', and the words 'District of Columbia government' are substituted for 'District of Columbia', for consistency. The word 'President' is substituted for 'Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In subsection (b), the words 'dividing' and 'division' are substituted for 'subdivision' for consistency in the revised section. The word 'appropriations' is substituted for 'appropriations or funds' because of the definition of 'appropriation' in section 1511 of the revised title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1517 of this title; title 16 section 470m. ------DocID 39292 Document 192 of 536------ -CITE- 31 USC Sec. 1515 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1515. Authorized apportionments necessitating deficiency or supplemental appropriations -STATUTE- (a) An appropriation required to be apportioned under section 1512 of this title may be apportioned on a basis that indicates the need for a deficiency or supplemental appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees (including prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5) and to retired and active military personnel. (b)(1) Except as provided in subsection (a) of this section, an official may make, and the head of an executive agency may request, an apportionment under section 1512 of this title that would indicate a necessity for a deficiency or supplemental appropriation only when the official or agency head decides that the action is required because of - (A) a law enacted after submission to Congress of the estimates for an appropriation that requires an expenditure beyond administrative control; or (B) an emergency involving the safety of human life, the protection of property, or the immediate welfare of individuals when an appropriation that would allow the United States Government to pay, or contribute to, amounts required to be paid to individuals in specific amounts fixed by law or under formulas prescribed by law, is insufficient. (2) If an official making an apportionment decides that an apportionment would indicate a necessity for a deficiency or supplemental appropriation, the official shall submit immediately a detailed report of the facts to Congress. The report shall be referred to in submitting a proposed deficiency or supplemental appropriation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 931; Pub. L. 100-202, Sec. 105, Dec. 22, 1987, 101 Stat. 1329-433.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1515(a) 31:665a. June 5, 1957, Pub. L. 85-48, Sec. 210, 71 Stat. 55. 1515(b)(1) 31:665(e)(1). R.S. Sec. 3679(e)(1); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 767; restated Aug. 28, 1957, Pub. L. 85- 170, Sec. 1401, 71 Stat. 440. 1515(b)(2) 31:665(e)(2). R.S. Sec. 3679(e)(2); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 767. ------------------------------- In subsection (a), the words 'On and after June 5, 1957' are omitted as executed. The words 'deficiency or supplemental appropriation' are substituted for 'supplemental or deficiency estimate of appropriation' for consistency with chapter 11 of the revised title. The words 'prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5' are substituted for 'those employees (commonly known as wage-board employees) whose compensation is fixed and adjusted from time to time in accordance with prevailing rates (5 U.S.C. 5102(c)(7), 5341 et seq.)' for consistency with title 5. In subsection (b), the word 'apportionment' is substituted for 'apportionment or reapportionment' because of section 1512(a)(last sentence) of the revised title. In subsection (b)(1), before clause (A), the words 'Except as provided in subsection (a) of this section' are added because of the restatement. The word 'appropriation' is substituted for 'estimate' for consistency in the revised section. The words 'is insufficient' are added for clarity. In subsection (b)(2), the words 'proposed deficiency or supplemental appropriation' are substituted for 'deficiency or supplemental estimates' for consistency with chapter 11 of the revised title. AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-202 added subsec. (a) and struck out former subsec. (a) which read as follows: 'An appropriation required to be apportioned under section 1512 of this title may be apportioned on a basis that indicates a necessity for a deficiency or supplemental appropriation to the extent necessary to permit payment of pay increases for prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 sections 241-1, 646. ------DocID 39293 Document 193 of 536------ -CITE- 31 USC Sec. 1516 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1516. Exemptions -STATUTE- An official designated in section 1513 of this title to make apportionments may exempt from apportionment - (1) a trust fund or working fund if an expenditure from the fund has no significant effect on the financial operations of the United States Government; (2) a working capital fund or a revolving fund established for intragovernmental operations; (3) receipts from industrial and power operations available under law; and (4) appropriations made specifically for - (A) interest on, or retirement of, the public debt; (B) payment of claims, judgments, refunds, and drawbacks; (C) items the President decides are of a confidential nature; (D) payment under a law requiring payment of the total amount of the appropriation to a designated payee; and (E) grants to the States under the Social Security Act (42 U.S.C. 301 et seq.). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 931.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1516 31:665(f)(1). R.S. Sec. 3679(f)(1); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 767. ------------------------------- In the section, before clause (1), the word 'apportionments' is substituted for 'apportionments and reapportionments' because of section 1512(a)(last sentence) of the revised title. In subclause (D), the word 'law' is substituted for 'private relief acts or other laws' to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in par. (4)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. ------DocID 39294 Document 194 of 536------ -CITE- 31 USC Sec. 1517 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1517. Prohibited obligations and expenditures -STATUTE- (a) An officer or employee of the United States Government or of the District of Columbia government may not make or authorize an expenditure or obligation exceeding - (1) an apportionment; or (2) the amount permitted by regulations prescribed under section 1514(a) of this title. (b) If an officer or employee of an executive agency or of the District of Columbia government violates subsection (a) of this section, the head of the executive agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1517(a) 31:665(h). R.S. Sec. 3679(h), (i)(2)(related to (h)); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 768. 1517(b) 31:665(i)(2)(related to (h)). ------------------------------- In subsection (a), before clause (1), the words 'District of Columbia government' are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184). In clause (1), the word 'apportionment' is substituted for 'apportionment or reapportionment' because of section 1512(a)(last sentence) of the revised title. In subsection (b), the word 'Mayor' is used because of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 948) and sections 421, 422, and 771 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 789, 818). The word 'President' is substituted for 'President, through the Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1518, 1519 of this title. ------DocID 39295 Document 195 of 536------ -CITE- 31 USC Sec. 1518 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1518. Adverse personnel actions -STATUTE- An officer or employee of the United States Government or of the District of Columbia government violating section 1517(a) of this title shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1518 31:665(i)(1)(words R.S. Sec. before semicolon 3679(i)(1)(words related to (h)). before semicolon related to (h)); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 768. ------------------------------- The words 'In addition to any penalty or liability under other law' are omitted as surplus. The words 'District of Columbia government' are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184). ------DocID 39296 Document 196 of 536------ -CITE- 31 USC Sec. 1519 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER II -HEAD- Sec. 1519. Criminal penalty -STATUTE- An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating section 1517(a) of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1519 31:665(i)(1)(words R.S. Sec. after semicolon 3679(i)(1)(words related to (h)). after semicolon related to (h)); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 768. ------------------------------- The words 'District of Columbia government' are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184). ------DocID 39297 Document 197 of 536------ -CITE- 31 USC SUBCHAPTER III -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER III -HEAD- SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS ------DocID 39298 Document 198 of 536------ -CITE- 31 USC Sec. 1531 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER III -HEAD- Sec. 1531. Transfers of functions and activities -STATUTE- (a) The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used - (1) by the organizational unit or agency to which the function or activity was transferred or assigned; and (2) for a purpose for which the appropriation was originally available. (b) The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another. (c) A balance transferred under this section is - (1) credited to an applicable existing or new appropriation account; (2) merged with the amount in an account to which the balance is credited; and (3) with the amount with which the balance is merged, accounted for as one amount. (d) New appropriation accounts may be established to carry out subsection (c)(1) of this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1531(a), (b) 31:581c(a)(1st Sept. 12, 1950, ch. sentence), (b)(1st 946, Sec. 202, 64 sentence). Stat. 838. 1531(c), (d) 31:581c(a)(last sentence), (b)(last sentence). ------------------------------- In subsections (a) and (b), the defined term 'executive agency' in section 102 of the revised title is substituted for 'department or establishment' for consistency and clarity. In subsection (a), the words 'organizational unit or agency' are substituted for 'agency', and the word 'appropriation' is substituted for 'said funds', for consistency and clarity. Subsection (d) is substituted for 'which are hereby authorized to be established' because of the restatement. PROHIBITION ON TRANSFER OF FUNDS TO OTHER DEPARTMENTS AND AGENCIES Pub. L. 101-189, div. A, title XVI, Sec. 1604, Nov. 29, 1989, 103 Stat. 1598, provided that: 'Funds made available pursuant to this or any other Act for military functions of the Department of Defense may not be made available to any other department or agency of the Federal Government pursuant to a provision of law enacted after the date of the enactment of this Act (Nov. 29, 1989) unless, not less than 30 days before such funds are made available to such other department or agency, the Secretary of Defense submits to the congressional defense committees a report describing the effect on military preparedness of making such funds available to such department or agency.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 3501; title 42 sections 5872, 7291; title 46 App. section 1605; title 49 App. section 1554. ------DocID 39299 Document 199 of 536------ -CITE- 31 USC Sec. 1532 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER III -HEAD- Sec. 1532. Withdrawal and credit -STATUTE- An amount available under law may be withdrawn from one appropriation account and credited to another or to a working fund only when authorized by law. Except as specifically provided by law, an amount authorized to be withdrawn and credited is available for the same purpose and subject to the same limitations provided by the law appropriating the amount. A withdrawal and credit is made by check and without a warrant. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1532 31:628-1. Sept. 6, 1950, ch. 896, Sec. 1210(less last proviso), 64 Stat. 765. ------------------------------- The word 'limitations' is substituted for 'limitations, conditions, and restrictions' to eliminate unnecesary words. ------DocID 39300 Document 200 of 536------ -CITE- 31 USC Sec. 1533 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER III -HEAD- Sec. 1533. Transfers of appropriations for salaries and expenses to carry out national defense responsibilities -STATUTE- An appropriation of an executive agency for salaries and expenses is available to carry out national defense responsibilities assigned to the agency under law. A transfer necessary to carry out this section may be made between appropriations or allocations within the executive agency. An allocation may not be made to an executive agency that can carry out with its regular personnel a defense activity assigned to it by using the authority of this section to realign its regular programs. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1533 31:697. June 2, 1951, ch. 121, ch. XI(proviso immediately before heading 'Independent Offices'), 65 Stat. 61. ------------------------------- The words 'executive agency' are substituted for 'department, agency, or corporation, in the executive branch of the Government' because of section 102 of the revised title. The words 'authority of this section' are substituted for 'foregoing authority' for clarity. ------DocID 39301 Document 201 of 536------ -CITE- 31 USC Sec. 1534 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER III -HEAD- Sec. 1534. Adjustments between appropriations -STATUTE- (a) An appropriation available to an agency may be charged at any time during a fiscal year for the benefit of another appropriation available to the agency to pay costs - (1) when amounts are available in both the appropriation to be charged and the appropriation to be benefited; and (2) subject to limitations applicable to the appropriations. (b) Amounts paid under this section are charged on a final basis during, or as of the close of, the fiscal year to the appropriation benefited. The appropriation charged under subsection (a) of this section shall be appropriately credited. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1534(a) 31:628a(1st June 29, 1966, Pub. sentence). L. 89-473, Sec. 1, 80 Stat. 221. 1534(b) 31:628a(last sentence). ------------------------------- In subsection (a), the words 'Subject to limitations applicable with respect to each appropriation concerned' are omitted as surplus. The words 'or any bureau or office thereof' are omitted as being included in 'agency'. The words 'to pay costs' are substituted for 'for the purpose of financing the procurement of materials and services, or financing other costs' to eliminate unnecessary words. In subsection (b), the words 'amounts paid under this section' are substituted for 'such expenses so financed', and the words 'appropriations charged under subsection (a) of this section' are substituted for 'financing appropriation', for clarity. ------DocID 39302 Document 202 of 536------ -CITE- 31 USC Sec. 1535 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER III -HEAD- Sec. 1535. Agency agreements -STATUTE- (a) The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if - (1) amounts are available; (2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government; (3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and (4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise. (b) Payment shall be made promptly by check on the written request of the agency or unit filling the order. Payment may be in advance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of payment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided. (c) A condition or limitation applicable to amounts for procurement of an agency or unit placing an order or making a contract under this section applies to the placing of the order or the making of the contract. (d) An order placed or agreement made under this section obligates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in - (1) providing goods or services; or (2) making an authorized contract with another person to provide the requested goods or services. (e) This section does not - (1) authorize orders to be placed for goods or services to be provided by convict labor; or (2) affect other laws about working funds. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933; Pub. L. 98-216, Sec. 1(2), Feb. 14, 1984, 98 Stat. 3.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1535(a) 31:686(a)(1st Mar. 4, 1915, ch. sentence words 143, Sec. 1(3d before 15th comma, proviso on p. last proviso). 1084), 38 Stat. 1084; May 21, 1920, ch. 194, Sec. 7(a), 41 Stat. 613; June 30, 1932, ch. 314, Sec. 601, 47 Stat. 417; restated July 20, 1942, ch. 507, 56 Stat. 661; Aug. 23, 1958, Pub. L. 85-726, Sec. 1407, 72 Stat. 808; Aug. 6, 1981, Pub. L. 97- 31, Sec. 12(11), 95 Stat. 154; Dec. 29, 1981, Pub. L. 97- 136, Sec. 11, 95 Stat. 1707. 1535(b) 31:686(a)(1st sentence 1st proviso). 1535(c) 31:686(a)(1st sentence words between 15th comma and 1st proviso, last sentence). 1535(d) 31:686(c). May 21, 1920, ch. 194, Sec. 7(c), 41 Stat. 613; June 30, 1932, ch. 314, Sec. 601, 47 Stat. 417; restated June 26, 1943, ch. 150, Sec. 1, 57 Stat. 219. 31:686-1. Sept. 6, 1950, ch. 896, Sec. 1210(last proviso), 64 Stat. 765. 1535(e)(1) 31:686b(a), (b). June 30, 1932, ch. 314, Sec. 602(a), (b), (c)(related to Sec. 602), 47 Stat. 418. 1535(e)(2) 31:686b(c)(related to 31:686, 686b). ------------------------------- In the section, the word 'agency' is substituted for 'executive department or independent establishment of the Government' for clarity. See 12 Comp. Gen. 442 (1932) and United States v. Mitchell, 425 F. Supp. 917 (D.D.C. 1976). The words 'major organizational unit' or 'unit' are substituted for 'bureau or office' for consistency in the revised title. The words 'to fill the order' or 'filling the order' are substituted for 'such requisitioned' and 'as may be requisitioned' for clarity and because of the restatement. The words 'goods or services' are substituted for 'materials, supplies, equipment, work, or services' to eliminate unnecessary words. In subsection (a)(4), the words 'the head of the agency decides' are added, and the words 'commercial enterprise' are substituted for 'private agencies', for clarity. The words 'by competitive bids' are omitted as surplus because of various procurement laws. In subsection (b), the words 'The Secretary of Defense' are added for clarity because of Comptroller General decision B-20179 (Apr. 1, 1981). The words 'a military department of the Department of Defense' are substituted for 'the Department of the Army, Navy Department' for consistency with title 10 and to apply the source provisions to the Department of the Air Force because of sections 205(a) and 207(a) and (f) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502), and section 1 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 488). The words 'Secretary of Transportation in carrying out duties and powers related to aviation and the Coast Guard' are substituted for 'Federal Aviation Agency, Coast Guard' to reflect the transfer of those functions to the Secretary of Transportation. The words 'the Administrator of General Services' are added to reflect the transfer of the functions of the Bureau of Federal Supply of the Treasury Department to the Administrator by section 102(a) of the Act of June 30, 1949 (40:752(a)). The words 'the Administrator of' are added before 'Maritime Administration' for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (c), the words 'pursuant to such order' are omitted as unnecessary. Subsection (d) is substituted for the source provisions being restated to reflect decisions of the Comptroller General, including 31 Comp. Gen. 83 (1951), 34 Comp. Gen. 418 (1955), 39 Comp. Gen. 317 (1959), and 55 Comp. Gen. 1497 (1976). In subsection (e), the words 'any Government department or independent establishment, or any bureau or office thereof' and 'except as otherwise provided by law' are omitted as unnecessary because of the restatement. The text of 31:686b(a) is omitted as executed. 1984 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1535(a) 31 App.:686(a) (1st May 21, 1920, ch. sentence words 194, Sec. 7(a) before 15th comma, (1st, 2d proviso) sentences), 41 Stat. 613; June 30, 1932, ch. 314, Sec. 601, 47 Stat. 417; restated July 20, 1942, ch. 507, 56 Stat. 661; Aug. 23, 1958, Pub. L. 85- 726, Sec. 1407, 72 Stat. 808; Aug. 6, 1981, Pub. L. 97- 136, Sec. 11, 95 Stat. 1707; Oct. 15, 1982, Pub. L. 97-332, Sec. 1(1)- (3), 96 Stat. 1622. 1535(b) 31 App.:686(a) (1st sentence words between 15th comma and proviso, 2d sentence) 1535(c) 31 App.:686(a) (last May 21, 1920, ch. sentence) 194, 41 Stat. 607, Sec. 7(a) (last sentence); added Oct. 15, 1982, Pub. L. 97-332, Sec. 1(4), 96 Stat. 1622. ------------------------------- AMENDMENTS 1984 - Subsec. (a)(3). Pub. L. 98-216, Sec. 1(2)(A), inserted 'or get by contract' after 'provide'. Subsec. (a)(4). Pub. L. 98-216, Sec. 1(2)(B), inserted 'by contract' after 'provided'. Subsecs. (b), (c). Pub. L. 98-216, Sec. 1(2)(C)-(E), redesignated subsec. (c) as (b). Former subsec. (b), which provided that the Secretary of Defense, the Secretary of a military department of the Department of Defense, the Secretary of Transportation in carrying out duties and powers related to aviation and the Coast Guard, the Secretary of the Treasury, the Administrator of General Services, and the Administrator of the Maritime Administration could place orders under this section for goods and services that an agency or unit filling the order might be able to provide or procure by contract, was struck out. ACQUISITION OF GOODS, SERVICES, OR SPACE BY SECRETARY OF SENATE AND SERGEANT AT ARMS AND DOORKEEPER OF SENATE Pub. L. 101-163, title I, Sec. 8, Nov. 21, 1989, 103 Stat. 1046, provided that: '(1) The Secretary of the Senate and the Sergeant at Arms and Doorkeeper of the Senate are authorized to acquire goods, services, or space from government agencies and units by agreement under the provisions of the Economy Act, 31 U.S.C. 1535, and to make advance payments in conjunction therewith, if required by the providing agency or establishment. '(2) No advance payment may be made under paragraph (1) unless specifically provided for in the agreement. No agreement providing for advance payment may be entered into unless it contains a provision requiring the refund of any unobligated balance of the advance. '(3) No agreement may be entered into under paragraph (1) without the approval of the Senate Committee on Rules and Administration and the Senate Committee on Appropriations.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1536 of this title; title 2 section 142j; title 7 section 5922; title 10 sections 377, 1104, 2205; title 16 section 825k; title 22 section 2358; title 24 section 168b; title 25 section 2804; title 38 sections 620A, 5010; title 40 sections 270f, 298b, 1104; title 42 section 254; title 48 section 1469d; title 50 section 414. ------DocID 39303 Document 203 of 536------ -CITE- 31 USC Sec. 1536 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER III -HEAD- Sec. 1536. Crediting payments from purchases between executive agencies -STATUTE- (a) An advance payment made on an order under section 1535 of this title is credited to a special working fund that the Secretary of the Treasury considers necessary to be established. Except as provided in this section, any other payment is credited to the appropriation or fund against which charges were made to fill the order. (b) An amount paid under section 1535 of this title may be expended in providing goods or services or for a purpose specified for the appropriation or fund credited. Where goods are provided from stocks on hand, the amount received in payment is credited so as to be available to replace the goods unless - (1) another law authorizes the amount to be credited to some other appropriation or fund; or (2) the head of the executive agency filling the order decides that replacement is not necessary, in which case, the amount received is deposited in the Treasury as miscellaneous receipts. (c) This section does not affect other laws about working funds. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 934.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1536(a) 31:686(b)(1st, 2d May 21, 1920, ch. sentences). 194, Sec. 7(b), 41 Stat. 613; restated June 30, 1932, ch. 314, Sec. 601, 47 Stat. 418. 1536(b) 31:686(b)(3d, last sentences). 1536(c) 31:686b(c)(related June 30, 1932, ch. to 31:686). 314, Sec. 602(c)(related to Sec. 601), 47 Stat. 418. ------------------------------- In subsection (b), the words 'providing goods or services' are substituted for 'furnishing the materials, supplies, or equipment, or in performing the work or services' to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 142j; title 10 section 2205; title 16 section 825k; title 38 section 620A; title 40 sections 270f, 298b; title 42 section 254; title 48 section 1469d; title 50 section 414. ------DocID 39304 Document 204 of 536------ -CITE- 31 USC Sec. 1537 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER III -HEAD- Sec. 1537. Services between the United States Government and the District of Columbia government -STATUTE- (a) To prevent duplication and to promote efficiency and economy, an officer or employee of - (1) the United States Government may provide services to the District of Columbia government; and (2) the District of Columbia government may provide services to the United States Government. (b)(1) Services under this section shall be provided under an agreement - (A) negotiated by officers and employees of the 2 governments; and (B) approved by the Director of the Office of Management and Budget and the Mayor of the District of Columbia. (2) Each agreement shall provide that the cost of providing the services shall be borne in the way provided in subsection (c) of this section by the government to which the services are provided at rates or charges based on the actual cost of providing the services. (3) To carry out an agreement made under this subsection, the agreement may provide for the delegation of duties and powers of officers and employees of - (A) the District of Columbia government to officers and employees of the United States Government; and (B) the United States Government to officers and employees of the District of Columbia government. (c) In providing services under an agreement made under subsection (b) of this section - (1) costs incurred by the United States Government may be paid from appropriations available to the District of Columbia government officer or employee to whom the services were provided; and (2) costs incurred by the District of Columbia government may be paid from amounts available to the United States Government officer or employee to whom the services were provided. (d) When requested by the Director of the United States Secret Service, the Chief of the Metropolitan Police shall assist the Secret Service and the Executive Protective Service on a non-reimbursable basis in carrying out their protective duties under section 302 of title 3 and section 3056 of title 18. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 934.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1537(a) 31:685a(a)(1st Dec. 24, 1973, Pub. sentence). L. 93-198, Sec. 731, 87 Stat. 822. 1537(b) 31:685a(a)(2d, last sentences), (b). 1537(c) 31:685a(c)(less last sentence words after last comma). 1537(d) 31:685a(c)(last sentence words after last comma). ------------------------------- In the section, the words 'District of Columbia' are substituted for 'District' for clarity and consistency. In subsection (a), the word 'duplication' is substituted for 'duplication of effort' to eliminate unnecessary words. The words 'officer or employee of the United States Government' are substituted for 'any Federal officer or agency', and the words 'officer or employee of the District of Columbia government' are substituted for 'any District officer or agency', for consistency. In subsection (b)(1), before clause (A), the words 'Except where the terms and conditions governing the furnishing of such services are prescribed by other provisions of law' are omitted as surplus. In clause (A), the words 'officers and employees of the 2 governments' are substituted for 'Federal and District authorities' for consistency. In clause (B), the words 'of the District of Columbia' are added for clarity. In subsection (b)(3), before clause (A), the words 'duties and powers' are substituted for 'functions' for consistency in the revised title and with other titles of the United States Code. The text of 31:685a(b)(last sentence) is omitted as surplus. In subsection (c)(1), the words 'United States Government' are substituted for 'each Federal officer and agency' for clarity. In subsection (c)(2), the words 'District of Columbia government' are substituted for 'each District officer and agency' for consistency. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-1131.1. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 136. ------DocID 39305 Document 205 of 536------ -CITE- 31 USC SUBCHAPTER IV -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - CLOSING ACCOUNTS ------DocID 39306 Document 206 of 536------ -CITE- 31 USC Sec. 1551 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- Sec. 1551. Definitions and applications -STATUTE- (a) In this subchapter - (1) An obligated balance of an appropriation account as of the end of a fiscal year is the amount of unliquidated obligations applicable to the appropriation less amounts collectible as repayments to the appropriation. (2) An unobligated balance is the difference between the obligated balance and the total unexpended balance. (3) A fixed appropriation account is an appropriation account available for obligation for a definite period. (b) The limitations on the availability for expenditure prescribed in this subchapter apply to all appropriations unless specifically otherwise authorized by a law that specifically - (1) identifies the appropriate account for which the availability for expenditure is to be extended; (2) provides that such account shall be available for recording, adjusting, and liquidating obligations properly chargeable to that account; and (3) extends the availability for expenditure of the obligated balances. (c) This subchapter does not apply to - (1) appropriations for the District of Columbia government; or (2) appropriations to be disbursed by the Secretary of the Senate or the Clerk of the House of Representatives. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1551(a) 31:701(c)(1st July 25, 1956, ch. sentence). 727, Sec. 1(c)(1st sentence), 70 Stat. 648; July 8, 1959, Pub. L. 86-79, Sec. 210(b), 73 Stat. 167. 1551(b) 31:707. July 25, 1956, ch. 727, Sec. 8, 70 Stat. 650. ------------------------------- In subsection (b)(1), the words 'District of Columbia government' are substituted for 'District of Columbia' for consistency. AMENDMENTS 1990 - Pub. L. 101-510 amended text generally, reenacting former subsec. (a)(1) and (2) with a change in capitalization, adding subsecs. (a)(3) and (b), and restating former subsec. (b) as (c). EFFECTIVE DATE OF 1990 AMENDMENT; TRANSITIONAL PROVISIONS Section 1405(b) of Pub. L. 101-510 provided that: '(1) Application of amendments. - The amendments made by subsection (a) (amending this section and sections 1552 to 1557 of this title) shall apply to any appropriation account the obligated balance of which, on the date of the enactment of this Act (Nov. 5, 1990), has not been transferred under section 1552(a)(1) of title 31, United States Code, as in effect on the day before the date of the enactment of this section. '(2) Restoration of certain unobligated amounts. - The balance of any unobligated amount withdrawn under section 1552(a)(2) of title 31, United States Code, as in effect on the day before the date of the enactment of this Act, from an account the obligated balance of which has not been transferred under section 1552(a)(1) of title 31, United States Code, as in effect on the day before the date of the enactment of this section, is hereby restored to that account. '(3) Cancellation of unobligated balances. - All balances of unobligated funds withdrawn from an account under subsection 1552(a)(2) of title 31, United States Code, as in effect on the day before the date of the enactment of this Act (other than funds restored under paragraph (2)) are canceled, effective at the end of the 30-day period beginning on the date of the enactment of this Act. '(4) Cancellation of obligated balances. - On the third September 30th after the date of the enactment of this Act, all obligated balances transferred under subsection 1552(a)(1) of title 31, United States Code, as in effect on the day before the date of the enactment of this Act, shall be canceled. '(5) Obligation of existing balances. - After the date of the enactment of this Act, an obligation of any part of a balance transferred before the date of the enactment of this Act under section 1552(a)(1) of title 31, United States Code, shall be subject to section 1553(c) of such title, as amended by subsection (a). '(6) Cancellation of oldest obligated balances. - (A) At the end of the 30-day period beginning on the date on which the President submits to Congress the budget for fiscal year 1992, any amount in an account established under paragraph (1) of section 1552 of title 31, United States Code, as in effect before the date of the enactment of this Act, that has been in that account as of that date for a period in excess of five years shall be deobligated and shall be withdrawn in the manner provided in paragraph (2) of that section. Amounts so deobligated and withdrawn may not be restored. '(B) Subparagraph (A) shall not apply so as to require the deobligation of amounts - '(i) for which there is documentary evidence that payment will be required within 180 days of the date of the enactment of this Act; or '(ii) that are determined to be necessary for severance payments for foreign national employees. '(7) Obligations and adjustment of obligations. - (A) After cancellation of unobligated balances under paragraph (3) or cancellation of obligated balances under paragraph (4) or paragraph (6) and subject to the provisions of subparagraph (B), obligations and adjustments to obligations that would have been chargeable to those balances before such cancellations and that are not otherwise chargeable to current appropriations of the agency concerned may be charged to current appropriations of that agency available for the same purpose. Any charge made pursuant to this subsection shall be limited to the unobligated expired balances of the original appropriation available for the same purpose. '(B) Any charge made pursuant to subparagraph (A) shall be subject to the maximum amount chargeable under subsection (b) of section 1553 of title 31, United States Code, as amended by this section, and shall be included in the calculation of the total amount charged to any account under that section.' ------DocID 39307 Document 207 of 536------ -CITE- 31 USC Sec. 1552 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- Sec. 1552. Procedure for appropriation accounts available for definite periods -STATUTE- (a) On September 30th of the 5th fiscal year after the period of availability for obligation of a fixed appropriation account ends, the account shall be closed and any remaining balance (whether obligated or unobligated) in the account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose. (b) Collections authorized or required to be credited to an appropriation account, but not received before closing of the account under subsection (a) or under section 1555 of this title shall be deposited in the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1552(a) 31:701(a)(1). July 25, 1956, ch. 727, Sec. 1(a)(1), 70 Stat. 647; restated July 12, 1974, Pub. L. 93- 344, Sec. 503(a), 88 Stat. 321. 31:701(a)(2). July 25, 1956, ch. 727, Sec. 1(a)(2), 70 Stat. 648; June 29, 1960, Pub. L. 86-533, Sec. 1(25), 74 Stat. 249. 31:701(b). July 25, 1956, ch. 727, Sec. 1(b), 70 Stat. 648; restated July 12, 1974, Pub. L. 93-344, Sec. 503(b), 88 Stat. 322; Apr. 21, 1976, Pub. L. 94-273, Sec. 45, 90 Stat. 382. 1552(b) 31:701(c)(last July 25, 1956, ch. sentence). 727, Sec. 1(c)(last sentence), (d), 5, 70 Stat. 648, 649. 1552(c) 31:701(d). 1552(d) 31:705. ------------------------------- In subsection (a), the text of 31:701(b)(1)(A) and (2)(A) and the words 'for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976' are omitted as executed. In subsection (a)(1), the words 'period of availability ends' are substituted for 'that period or the fiscal year or years, as the case may be, for which the appropriation is available for obligation' to eliminate unnecessary words. In subsection (a)(2), the words 'reverts to the Treasury' are substituted for 'if the appropriation was derived in whole or in part from the general fund, shall revert to such fund' to eliminate unnecessary words. In subsection (b), the words 'not received before' are substituted for 'not received until after' for clarity. The words 'unless otherwise authorized by law' are omitted as surplus. The words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (c), the text of 31:701(d)(last sentence) is omitted as executed. In subsection (d), before clause (1), the word 'heading' is substituted for 'heads' for clarity and consistency. AMENDMENTS 1990 - Pub. L. 101-510 amended text generally, revising and restating former subsecs. (a) to (d) as subsecs. (a) and (b). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under subsec. (a)(1) of this section, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101-510, set out as a note under section 1551 of this title. AUDIT OF OBLIGATED BALANCES OF DEPARTMENT OF DEFENSE Section 1406 of Pub. L. 101-510 provided that: '(a) Audit Requirement. - The Secretary of Defense shall provide for an audit of each account of the Department of Defense established under paragraph (1) of section 1552(a) of title 31, United States Code, as in effect on the day before the date of the enactment of this Act (Nov. 5, 1990). The audit shall, with respect to each such account, identify - '(1) the balance in the account; '(2) the amount of such balance that is considered by the Secretary (as of the time of the audit) to represent amounts required for valid obligations (as supported by documentary evidence as required by section 1501 of title 31) and the amount of such balance that is considered by the Secretary (as of the time of the audit) to represent amounts for obligations that are considered no longer valid; '(3) the sources of amounts in the account, shown by fiscal year and by amount for each fiscal year; and '(4) such other matters as the Secretary considers appropriate. '(b) Deobligation of Obligations No Longer Valid. - Any obligated amounts in accounts of the Department of Defense established under paragraph (1) of section 1552(a) of title 31, United States Code, that are determined pursuant to the audit under subsection (a) to represent amounts for obligations that are no longer valid shall be deobligated and canceled. '(c) Report on Audit. - Not later than December 31, 1991, the Secretary of Defense shall submit to Congress a report containing the results of the audit conducted pursuant to subsection (a). The report shall set forth - '(1) the information required to be identified pursuant to subsection (a); and '(2) for each appropriation account (A) the average length of time funds have been obligated, (B) the average size of the obligation, and (iii) ((C)) the object classification of the obligations, all shown for total obligations and separately for valid obligations and obligations that are no longer valid.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1553, 1554, 1558 of this title. ------DocID 39308 Document 208 of 536------ -CITE- 31 USC Sec. 1553 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- Sec. 1553. Availability of appropriation accounts to pay obligations -STATUTE- (a) After the end of the period of availability for obligation of a fixed appropriation account and before the closing of that account under section 1552(a) of this title, the account shall retain its fiscal-year identity and remain available for recording, adjusting, and liquidating obligations properly chargeable to that account. (b)(1) Subject to the provisions of paragraph (2), after the closing of an account under section 1552(a) or 1555 of this title, obligations and adjustments to obligations that would have been properly chargeable to that account, both as to purpose and in amount, before closing and that are not otherwise chargeable to any current appropriation account of the agency may be charged to any current appropriation account of the agency available for the same purpose. (2) The total amount of charges to an account under paragraph (1) may not exceed an amount equal to 1 percent of the total appropriations for that account. (c)(1) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount of obligations from that appropriation during a fiscal year for contract changes for that program, project, or activity to exceed $4,000,000, the obligation may only be made if the obligation is approved by the head of the agency (or an officer of the agency within the Office of the head of the agency to whom the head of the agency has delegated the authority to approve such an obligation). (2) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount obligated from that appropriation during a fiscal year for that program, project, or activity to exceed $25,000,000, the obligation may not be made until - (A) the head of the agency submits to the appropriate authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives a notice in writing of the intent to obligate such funds, together with a description of the legal basis for the proposed obligation and the policy reasons for the proposed obligation; and (B) a period of 30 days has elapsed after the notice is submitted. (3) In this subsection, the term 'contract change' means a change to a contract under which the contractor is required to perform additional work. Such term does not include adjustments to pay claims or increases under an escalation clause. (d)(1) Obligations under this section may be paid without prior action of the Comptroller General. (2) This subchapter does not - (A) relieve the Comptroller General of the duty to make decisions requested under law; or (B) affect the authority of the Comptroller General to settle claims and accounts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 936; Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1553(a) 31:702(1st sentence). July 25, 1956, ch. 727, Sec. 2, 70 Stat. 648. 1553(b) 31:702(last sentence). ------------------------------- In subsection (a), the word 'separately' is substituted for 'as one fund' for clarity. The words 'remains available until expended' are substituted for 'shall be available without fiscal year limitation' for consistency in the revised title. In subsection (b), the words 'Comptroller General' are substituted for 'Comptroller General of the United States' and 'General Accounting Office' for consistency. The words 'affect the authority' are substituted for 'abridge the existing authority' to eliminate unnecessary words. The words 'settle claims and accounts' are substituted for 'settle and adjust claims, demands, and accounts' for consistency with chapter 35 of the revised title. AMENDMENTS 1990 - Pub. L. 101-510 amended text generally. Prior to amendment, text read as follows: '(a) Each appropriation account established under section 1552 of this title is accounted for separately and remains available until expended to pay obligations chargeable against any appropriation from which the account is derived. '(b) Under regulations prescribed by the Comptroller General, obligations under subsection (a) of this section may be paid without prior action of the Comptroller General. However, this subchapter does not - '(1) relieve the Comptroller General of the duty to make decisions requested under law; or '(2) affect the authority of the Comptroller General to settle claims and accounts.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101-510, set out as a note under section 1551 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1554 of this title. ------DocID 39309 Document 209 of 536------ -CITE- 31 USC Sec. 1554 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- Sec. 1554. Audit, control, and reporting -STATUTE- (a) Any audit requirement, limitation on obligations, or reporting requirement that is applicable to an appropriation account shall remain applicable to that account after the end of the period of availability for obligation of that account. (b)(1) After the close of each fiscal year, the head of each agency shall submit to the President and the Secretary of the Treasury a report regarding the unliquidated obligations, unobligated balances, canceled balances, and adjustments made to appropriation accounts of that agency during the completed fiscal year. The report shall be submitted no later than 15 days after the date on which the President's budget for the next fiscal year is submitted to Congress under section 1105 of this title. (2) Each report required by this subsection shall - (A) provide a description, with reference to the fiscal year of appropriations, of the amount in each account, its source, and an itemization of the appropriations accounts; (B) describe all current and expired appropriations accounts; (C) describe any payments made under section 1553 of this title; (D) describe any adjustment of obligations during that fiscal year pursuant to section 1553 of this title; (E) contain a certification by the head of the agency that the obligated balances in each appropriation account of the agency reflect proper existing obligations and that expenditures from the account since the preceding review were supported by a proper obligation of funds and otherwise were proper; (F) describe all balances canceled under sections 1552 and 1555 of this title. (3) The head of each Federal agency shall provide a copy of each such report to the Speaker of the House of Representatives and the Committee on Appropriations, the Committee on Governmental Affairs, and other appropriate oversight and authorizing committees of the Senate. (c)(1) The Director of the Congressional Budget Office shall estimate each year the effect on the Federal deficit of payments and adjustments made with respect to sections 1552 and 1553 of this title. Such estimate shall be made separately for accounts of each agency. (2) The Director shall include in the annual report of the Director to the Committees on the Budget of the Senate and House of Representatives under paragraph (1) of section 202(f) of the Congressional Budget Act of 1974 a statement of the estimates made pursuant to paragraph (1) of this subsection during the preceding year (including any revisions to estimates contained in earlier reports under such paragraph). The Director shall include in any report under paragraph (2) of that section any revisions to such estimates made since the most recent report under paragraph (1) of such section. (d) The head of each agency shall establish internal controls to assure that an adequate review of obligated balances is performed to support the certification required by section 1108(c) of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 936; Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1677.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1554(a) 31:703(a)(1st, 2d July 25, 1956, ch. sentences, last 727, Sec. 3(a), 70 sentence proviso). Stat. 649; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085; Apr. 21, 1976, Pub. L. 94-273, Sec. 8(1), 90 Stat. 378. 1554(b) 31:703(a)(3d sentence, last sentence less proviso). ------------------------------- In subsection (a), the words 'head of the agency' are substituted for 'agency concerned' for consistency. The word 'President' is substituted for 'Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In subsection (b), the words 'withdrawal or restoration' are substituted for 'transactions' the first time it appears. -REFTEXT- REFERENCES IN TEXT Section 202(f)(1) of the Congressional Budget Act of 1974, referred to in subsec. (c)(2), is classified to section 602(f)(1) of Title 2, The Congress. -MISC2- AMENDMENTS 1990 - Pub. L. 101-510 substituted 'Audit, control, and reporting' for 'Review of appropriation accounts' in section catchline and amended text generally, substituting subsecs. (a) to (d) for former subsecs. (a) and (b) which required the head of each agency to annually review each appropriation account established by the agency under section 1552 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101-510, set out as a note under section 1551 of this title. ------DocID 39310 Document 210 of 536------ -CITE- 31 USC Sec. 1555 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- Sec. 1555. Closing of appropriation accounts available for indefinite periods -STATUTE- An appropriation account available for obligation for an indefinite period shall be closed, and any remaining balance (whether obligated or unobligated) in that account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose, if - (1) the head of the agency concerned or the President determines that the purposes for which the appropriation was made have been carried out; and (2) no disbursement has been made against the appropriation for two consecutive fiscal years. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1555(a) 31:706(less proviso). July 25, 1956, ch. 727, Sec. 6, 70 Stat. 649. 1555(b) 31:706(proviso). ------------------------------- In subsection (a), the words 'indefinite period' are substituted for 'not limited to a definite period of time' for consistency in the revised title. The words 'consecutive fiscal years' are substituted for 'full consecutive fiscal years' to eliminate an unnecessary word. In subsection (b), the words 'or were heretofore withdrawn from the appropriation account by administrative action' are omitted as executed. AMENDMENTS 1990 - Pub. L. 101-510 substituted 'Closing of appropriation accounts available' for 'Withdrawal of unobligated balances of appropriations' in section catchline and amended text generally. Prior to amendment, text read as follows: '(a) An unobligated balance of an appropriation for an indefinite period shall be withdrawn in the way provided in section 1552(a)(2) of this title when the head of the agency concerned decides that the purposes for which the appropriation was made have been carried out or when no disbursement is made against the appropriation for 2 consecutive fiscal years. '(b) An amount of an appropriation withdrawn under this section may be restored to the applicable appropriation account to pay obligations and to settle accounts.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101-510, set out as a note under section 1551 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1552, 1553, 1554 of this title. ------DocID 39311 Document 211 of 536------ -CITE- 31 USC Sec. 1556 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- Sec. 1556. Comptroller General: reports on appropriation accounts -STATUTE- (a) In carrying out audit responsibilities, the Comptroller General shall report on operations under this subchapter to - (1) the head of the agency concerned; (2) the Secretary of the Treasury; and (3) the President. (b) A report under this section shall include an appraisal of unpaid obligations under fixed appropriation accounts for which the period of availability for obligation has ended. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1556(a) 31:703(b)(1st July 25, 1956, ch. sentence words 727, Sec. 3(b), 70 before 4th comma). Stat. 649; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 1556(b) 31:703(b)(1st sentence words after 4th comma, last sentence). ------------------------------- In the section, the word 'President' is substituted for 'Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. AMENDMENTS 1990 - Pub. L. 101-510 substituted 'General: reports' for 'General reports' in section catchline and amended text generally. Prior to amendment, text read as follows: '(a) In carrying out audit responsibilities, the Comptroller General shall report on operations under this subchapter to - '(1) the head of the agency concerned; '(2) the Secretary of the Treasury; and '(3) the President. '(b) A report under this section shall include an appraisal of unpaid obligations under appropriation accounts established under section 1552 of this title. By the 30th day after receiving a report, the head of the agency concerned shall carry out actions required by section 1554 of this title that the report shows is necessary.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101-510, set out as a note under section 1551 of this title. ------DocID 39312 Document 212 of 536------ -CITE- 31 USC Sec. 1557 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- Sec. 1557. Authority for exemptions in appropriation laws -STATUTE- A provision of an appropriation law may exempt an appropriation from the provisions of this subchapter and fix the period for which the appropriation remains available for expenditure. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1679.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1557 31:708. July 25, 1956, ch. 727, Sec. 9, 70 Stat. 650. ------------------------------- AMENDMENTS 1990 - Pub. L. 101-510 substituted 'Authority for exemptions in appropriation laws' for 'Authorization to exempt' in section catchline and amended text generally. Prior to amendment, text read as follows: 'A provision of an appropriation law may exempt an appropriation from this subchapter and fix the period for which the appropriation remains available for expenditure.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101-510, set out as a note under section 1551 of this title. ------DocID 39313 Document 213 of 536------ -CITE- 31 USC Sec. 1558 -EXPCITE- TITLE 31 SUBTITLE II CHAPTER 15 SUBCHAPTER IV -HEAD- Sec. 1558. Availability of funds following resolution of a protest -STATUTE- (a) Notwithstanding section 1552 of this title or any other provision of law, funds available to an agency for obligation for a contract at the time a protest is filed in connection with a solicitation for, proposed award of, or award of such contract shall remain available for obligation for 90 working days after the date on which the final ruling is made on the protest. A ruling is considered final on the date on which the time allowed for filing an appeal or request for reconsideration has expired, or the date on which a decision is rendered on such an appeal or request, whichever is later. (b) Subsection (a) applies with respect to any protest filed under subchapter V of chapter 35 of this title or under section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)). -SOURCE- (Added Pub. L. 101-189, div. A, title VIII, Sec. 813(a), Nov. 29, 1989, 103 Stat. 1494.) ------DocID 39314 Document 214 of 536------ -CITE- 31 USC SUBTITLE III -EXPCITE- TITLE 31 SUBTITLE III -HEAD- SUBTITLE III - FINANCIAL MANAGEMENT -MISC1- Chap. Sec. 31. Public Debt 3101 33. Depositing, Keeping, and Paying Money 3301 35. Accounting and Collection 3501 37. Claims 3701 38. Administrative Remedies for False Claims and Statements 3801 39. Prompt Payment 3901 AMENDMENTS 1986 - Pub. L. 99-509, title VI, Sec. 6103(b), Oct. 21, 1986, 100 Stat. 1948, added item for chapter 38. 1983 - Pub. L. 97-452, Sec. 1(18)(B), Jan. 12, 1983, 96 Stat. 2477, added item for chapter 39. ------DocID 6948 Document 215 of 536------ -CITE- 2 USC Sec. 31 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31. Compensation of Members of Congress -STATUTE- (1) The annual rate of pay for - (A) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, (B) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and (C) the Speaker of the House of Representatives, shall be the rate determined for such positions under chapter 11 of this title, as adjusted by paragraph (2) of this section. (2) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule, each annual rate referred to in paragraph (1) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. -SOURCE- (Aug. 2, 1946, ch. 753, title VI, Sec. 601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(a), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426, title II, Sec. 204, 78 Stat. 415; Oct. 29, 1965, Pub. L. 89-301, Sec. 11(e), 79 Stat. 1120; Sept. 15, 1969, Pub. L. 91-67, Sec. 2, 83 Stat. 107; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 204(a), 89 Stat. 421; Nov. 30, 1989, Pub. L. 101-194, title VII, Sec. 704(a)(2)(B), 103 Stat. 1769; Nov. 5, 1990, Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(4)(D)), 104 Stat. 1427, 1439.) -REFTEXT- REFERENCES IN TEXT Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (2), is section 704(a)(1) of Pub. L. 101-194, which is set out as a note under section 5318 of Title 5, Government Organization and Employees. The General Schedule, referred to in par. (2), is set out under section 5332 of Title 5. -MISC2- PRIOR PROVISIONS A prior section 31, acts Feb. 26, 1907, ch. 1635, Sec. 4, 34 Stat. 993; Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158, related to compensation of Members of Congress, prior to enactment of act Aug. 2, 1946. AMENDMENTS 1990 - Par. (2). Pub. L. 101-509 substituted '5303' for '5305'. 1989 - Par. (2). Pub. L. 101-194 substituted 'the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect' for 'the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustment in the rates of pay under the General Schedule'. 1975 - Pub. L. 94-82 designated existing provisions as par. (1), substituted provisions that rate of pay of the specified parties shall be determined under section 351 et seq. of this title, as adjusted by par. (2) for provisions setting rate of compensation at $42,500 for Senators, Representatives, Delegates, and Resident Commissioner, $62,500 for Speaker, and $49,500 for President pro tempore of Senate and Majority and Minority Leaders of House and Senate, and added par. (2). 1969 - Pub. L. 91-67 increased compensation of Speaker from $43,000 to $62,500 per annum and compensation of Majority and Minority Leaders of both Houses of Congress from $35,000 to $49,500 per annum, and fixed compensation of President pro tempore of Senate at $49,500 per annum. 1965 - Pub. L. 89-301 inserted provisions setting rate of compensation of Majority and Minority Leaders of Senate and House of Representatives at $35,000 per annum each. 1964 - Pub. L. 88-426 increased compensation of Senators, Representatives and Resident Commissioner from $22,500 to $30,000 per annum and that of Speaker from $35,000 to $43,000 per annum, and eliminated provisions which related to Delegates from the Territories. 1955 - Act Mar. 2, 1955, increased salaries of Senators, Representatives, Delegates, and Resident Commissioner from $12,500 a year to $22,500 and compensation of Speaker from $30,000 to $35,000 a year. 1949 - Act Jan. 19, 1949, increased Speaker's salary from $20,000 per year to $30,000. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101-194, set out as a note under section 5318 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-67 effective Mar. 1, 1969, see section 3 of Pub. L. 91-67, set out as a note under section 104 of Title 3, The President. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-301 effective on first day of first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89-301. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective at noon, Jan. 3, 1965, see section 501(b) of Pub. L. 88-426. EFFECTIVE DATE OF 1955 AMENDMENT Section 5 of act Mar. 2, 1955, provided that: 'The provisions of this Act (amending this section, section 104 of Title 3, The President, section 7443 of Title 26, Internal Revenue Code, sections 5, 44, 135, 173, 213, 252, and 508 of Title 28, Judiciary and Judicial Procedure, section 101 of Title 48, Territories and Insular Possessions, and section 654 of Title 50, War and National Defense, and repealing section 31a of this title) shall take effect Mar. 1, 1955.' EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Jan. 19, 1949, effective at noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949. EFFECTIVE DATE Section 601(a) of act Aug. 2, 1946, provided that the salary rates provided by such section 601(a) are effective Jan. 3, 1947. SHORT TITLE OF 1964 AMENDMENT Section 201 of title II of Pub. L. 88-426 provided that: 'This title (enacting sections 61a, 61a-2, 61d, 61e, 60e-11, 84-2, 136a, 136b, and 273 of this title, sections 42a and 51a of former Title 31, Money and Finance, sections 162a, 166b, and 166b-1 of Title 40, Public Buildings, Property, and Works, and section 39a of former Title 44, Public Printing and Documents, amending this section and section 72a of this title, and enacting provisions set out as notes under this section and sections 60a-1 and 60f of this title) may be cited as the 'Federal Legislative Salary Act of 1964'.' APPROPRIATION OF FUNDS FOR COMPENSATION OF MEMBERS OF CONGRESS AND FOR ADMINISTRATIVE EXPENSES AT LEVELS AUTHORIZED BY LAW AND RECOMMENDED BY THE PRESIDENT FOR FEDERAL EMPLOYEES Pub. L. 97-51, Sec. 130(c), Oct. 1, 1981, 95 Stat. 966, provided that: 'Effective beginning with fiscal year 1983, and continuing each year thereafter, such sums as hereafter may be necessary for 'Compensation of Members' (and administrative expenses related thereto), as authorized by law and at such level recommended by the President for Federal employees for that fiscal year are hereby appropriated from money in the Treasury not otherwise appropriated. Such sums when paid shall be in lieu of any sums accrued in prior years but not paid. For purposes of this subsection, the term 'Member' means each Member of the Senate and the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegates from the District of Columbia, Guam, Virgin Islands, and American Samoa, and the Vice President.' SALARY INCREASES 1991 - Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, set out as a note under section 5332 of Title 5, Government Organization and Employees, provided for the adjustment of pay rates effective Jan. 1, 1991. 1990 - Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustments of pay rates effective Jan. 1, 1990, and Jan. 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, set out as a note under section 5332 of Title 5. 1989 - Pub. L. 101-194, title VII, Sec. 703(a)(2), Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of Title 5, provided that effective Jan. 1, 1991, the rate of basic pay for the offices and positions under 2 U.S.C. 356(A) and (B) shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), except that this shall not affect the rate of basic pay for a Senator, the President pro tempore of the Senate, or the majority leader or the minority leader of the Senate. Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for the adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332 of Title 5. 1988 - Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for the adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332 of Title 5. 1987 - Salary of Speaker of House of Representatives increased to $115,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $99,500 per annum; and salaries of Senators, Members of House of Representatives, Delegates to House of Representatives, and Resident Commissioner from Puerto Rico increased to $89,500 per annum, on recommendation of the President of the United States, effective Mar. 1, 1987, set out as a note under section 358 of this title. Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for the adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5. 1985 - Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5. 1984 - Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for the adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5. 1983 - Pub. L. 98-63, title I, Sec. 908(d), (f), July 30, 1983, 97 Stat. 338, provided that, effective with respect to service as a Member performed on or after July 1, 1983: 'Notwithstanding any other provision of law, in the case of a Member who is serving in the office or position of Senator, President pro tempore of the Senate, Majority Leader of the Senate, or Minority Leader of the Senate during a calendar year, the annual rate of pay that is paid to such Member for such service shall not be less than the annual rate of pay payable for such position on December 17, 1982, increased by 15 percent and rounded in accordance with section 5318 of title 5, United States Code.' 1982 - Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for the adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5. Maximum rates payable after Dec. 17, 1982, increased from $60,662.50, $68,575.00, and $79,125.00 to $69,800.00, $78,900.00, and $91,000.00, respectively, except for Senators, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276, as amended, set out as a note under section 5318 of Title 5. 1981 - Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for the adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97-92, set out as a note under section 5318 of Title 5. 1980 - Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for the adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, as amended, set out as a note under section 5318 of Title 5. 1979 - Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58761, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for the adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note under section 5318 of Title 5. 1978 - Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for the adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above Level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429, set out as a note under section 5318 of Title 5. 1977 - Salary of Speaker of House of Representatives increased to $75,000 per annum; salaries of President pro tempore of Senate, majority leader and minority leader of Senate, and majority leader and minority leader of House of Representatives increased to $65,000 per annum; and salaries of Senators, Members of House of Representatives, Delegate to House of Representatives and Resident Commissioner from Puerto Rico increased to $57,500 per annum, on recommendation of the President of the United States effective at the beginning of the first pay period beginning after the 30th day following Jan. 17, 1977, set out as a note under section 358 of this title. Pub. L. 95-66, Sec. 1(2), July 11, 1977, 91 Stat. 270, set out as a note under section 5318 of Title 5, Government Organization and Employees, provided that the first adjustment which, but for the enactment of Pub. L. 95-66, would have been made in the annual rate of pay for Members of Congress under paragraph (2) of this section after July 11, 1977, would not take effect. 1976 - Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a note under section 5332 of Title 5. 1975 - Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for the adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, formerly set out as a note under section 5332 of Title 5. 1969 - Salaries of Senators, Members of House of Representatives, and Resident Commissioner from Puerto Rico increased to $42,500, on recommendation of the President of the United States, effective at the beginning of the first pay period beginning after the 30th day following Jan. 15, 1969, set out as a note under section 358 of this title. COMMISSION ON JUDICIAL AND CONGRESSIONAL SALARIES Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which established a Commission to determine appropriate rates of salaries for justices and judges of the courts of the United States and for the Vice President, the Speaker of the House of Representatives, and Members of Congress, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 657. -CROSS- CROSS REFERENCES Claims for overpayment of pay or allowances to Senators, see section 130c of this title. Expense allowance of Speaker of House of Representatives, see section 31b of this title. Retirement pay, see section 8331 et seq., of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 31-1 of this title. ------DocID 39316 Document 216 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- SUBCHAPTER I - BORROWING AUTHORITY -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 22 section 2183. ------DocID 39317 Document 217 of 536------ -CITE- 31 USC Sec. 3101 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3101. Public debt limit -STATUTE- (a) In this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. (b) The face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) may not be more than $4,145,000,000,000, outstanding at one time, subject to changes periodically made in that amount as provided by law through the congressional budget process described in Rule XLIX of the Rules of the House of Representatives or otherwise. (c) For purposes of this section, the face amount, for any month, of any obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of - (1) the original issue price of the obligation, plus (2) the portion of the discount on the obligation attributable to periods before the beginning of such month (as determined under the principles of section 1272(a) of the Internal Revenue Code of 1986 without regard to any exceptions contained in paragraph (2) of such section). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 938; Pub. L. 98-34, Sec. 1(a), May 26, 1983, 97 Stat. 196; Pub. L. 98-161, Nov. 21, 1983, 97 Stat. 1012; Pub. L. 98-342, Sec. 1(a), July 6, 1984, 98 Stat. 313; Pub. L. 98-475, Oct. 13, 1984, 98 Stat. 2206; Pub. L. 99-177, Sec. 1, Dec. 12, 1985, 99 Stat. 1037; Pub. L. 99-384, Aug. 21, 1986, 100 Stat. 818; Pub. L. 100-119, Sec. 1, Sept. 29, 1987, 101 Stat. 754; Pub. L. 101-72, Sec. 2, Aug. 7, 1989, 103 Stat. 182; Pub. L. 101-140, Sec. 1, Nov. 8, 1989, 103 Stat. 830; Pub. L. 101-508, title XI, Sec. 11901((a)), Nov. 5, 1990, 104 Stat. 1388-560.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3101(a) 31:757b(last Sept. 24, 1917, ch. sentence). 56, 40 Stat. 288, Sec. 21; added Feb. 4, 1935, ch. 5, Sec. 5, 49 Stat. 21; May 26, 1938, ch. 285, Sec. 2, 52 Stat. 447; July 20, 1939, ch. 336, 53 Stat. 1071; June 25, 1940, ch. 419, Sec. 302, 54 Stat. 526; Feb. 19, 1941, ch. 7, Sec. 2(a), 55 Stat. 7; Mar. 28, 1942, ch. 205, Sec. 2, 56 Stat. 189; Apr. 11, 1943, ch. 52, Sec. 2, 57 Stat. 63; June 9, 1944, ch. 240, Sec. 2, 58 Stat. 272; Apr. 3, 1945, ch. 51, Sec. 2, 59 Stat. 47; June 26, 1946, ch. 501, Sec. 1, 60 Stat. 316; restated Sept. 2, 1958, Pub. L. 85- 912, 72 Stat. 1758; June 30, 1959, Pub. L. 86-74, Sec. 1, 73 Stat. 156; June 30, 1967, Pub. L. 90-39, Sec. 1, 81 Stat. 99; Apr. 7, 1969, Pub. L. 91-8, Sec. 1, 83 Stat. 7; June 30, 1970, Pub. L. 91-301, Sec. 1, 84 Stat. 368; Mar. 17, 1971, Pub. L. 92-5, Sec. 1, 85 Stat. 5; Sept. 29, 1979, Pub. L. 96- 78, Sec. 202, 93 Stat. 591. 3101(b) 31:757b(1st sentence). 3101(c) 31:757b-1. June 30, 1967, Pub. L. 90-39, Sec. 2, 81 Stat. 99. ------------------------------- In subsection (a), the words 'is deemed to be' are substituted for 'shall be considered . . . to be' because a legal fiction is intended. -REFTEXT- REFERENCES IN TEXT Section 1272(a) of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 1272(a) of Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-508 substituted '$4,145,000,000,000' for '$3,122,700,000,000'. 1989 - Subsec. (b). Pub. L. 101-140 substituted '$3,122,700,000,000' for '$2,800,000,000,000'. Subsec. (c). Pub. L. 101-72 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'The face amount of beneficial interests and participations (except those held by their issuer) issued under section 302(c) of the National Housing Act (12 U.S.C. 1717(c)) from July 1, 1967, through June 30, 1968, and outstanding at any time shall be included in the amount taken into account in deciding whether the face amount requirement of subsection (b) of this section has been exceeded. This subsection does not require a change in the budgetary accounting for beneficial interests and participations.' 1987 - Subsec. (b). Pub. L. 100-119 substituted '$2,800,000,000,000' for '$2,111,000,000,000'. 1986 - Subsec. (b). Pub. L. 99-384, which directed that subsec. (b) be amended by 'striking out the dollar limitation contained in such subsection and inserting in lieu thereof '$2,111,000,000,000,' ', was executed by substituting '$2,111,000,000,000,' for '$1,847,800,000,000, or $2,078,700,000,000 on and after October 1, 1985,' as the probable intent of Congress. 1985 - Subsec. (b). Pub. L. 99-177 substituted '$1,847,800,000,000, or $2,078,700,000,000 on and after October 1, 1985' for '$1,575,700,000,000, or $1,823,800,000,000 on and after October 1, 1984'. 1984 - Subsec. (b). Pub. L. 98-475 substituted '$1,575,700,000,000, or $1,823,800,000,000 on and after October 1, 1984,' for '$1,573,000,000,000'. Pub. L. 98-342 substituted '$1,573,000,000,000' for '$1,389,000,000,000, or $1,490,000,000,000 on and after October 1, 1983,'. 1983 - Subsec. (b). Pub. L. 98-161 inserted ', or $1,490,000,000,000 on and after October 1, 1983,' after '$1,389,000,000,000'. Pub. L. 98-34 substituted '$1,389,000,000,000' for '$400,000,000,000'. REPEAL OF PERMANENT INCREASE IN PUBLIC DEBT LIMIT Pub. L. 98-302, Sec. 1, May 25, 1984, 98 Stat. 217, which permanently increased the public debt limit by $30,000,000,000 effective May 25, 1984, was repealed by Pub. L. 98-342, Sec. 1(b), July 6, 1984, 98 Stat. 313, effective on and after July 6, 1984. TEMPORARY INCREASES IN PUBLIC DEBT LIMIT The public debt limit set forth in this section was temporarily increased for limited periods by the following acts: Oct. 28, 1990, Pub. L. 101-467, Sec. 106, 104 Stat. 1087 - Increase to $3,230,000,000,000 for the period Oct. 28, 1990, to Nov. 5, 1990. Aug. 9, 1990, Pub. L. 101-350, Sec. 1, 104 Stat. 403, as amended Oct. 2, 1990, Pub. L. 101-405, Sec. 1, 104 Stat. 878; Oct. 9, 1990, Pub. L. 101-412, Sec. 114, 104 Stat. 897; Oct. 19, 1990, Pub. L. 101-444, Sec. 114, 104 Stat. 1033; Oct. 25, 1990, Pub. L. 101-461, Sec. 114, 104 Stat. 1078 - Increase to $3,195,000,000,000 for the period Aug. 9, 1990, to Oct. 27, 1990. Aug. 7, 1989, Pub. L. 101-72, Sec. 1, 103 Stat. 182 - Increase of $70,000,000,000 for the period Aug. 7, 1989, to Oct. 31, 1989. Aug. 10, 1987, Pub. L. 100-84, 101 Stat. 550 - Increase to $2,352,000,000,000 for the period Aug. 10, 1987, to Sept. 23, 1987. May 15, 1987, Pub. L. 100-40, Sec. 1(a), 101 Stat. 308, as amended July 30, 1987, Pub. L. 100-80, Sec. 1(a), 101 Stat. 542 - Increase to $2,320,000,000,000 for the period May 15, 1987, to August 6, 1987. (Section 1(b) of Pub. L. 100-80 provided that: 'The amendment made by subsection (a) (amending section 1(a) of Pub. L. 100-40) shall take effect on the date of the enactment of this Act (July 30, 1987).') Nov. 14, 1985, Pub. L. 99-155, Sec. 1, 99 Stat. 814 - Provided for a temporary increase of an amount determined by the Secretary of the Treasury as necessary, but not to exceed a public debt limit of $1,903,800,000,000 for the period Nov. 14, 1985, to Dec. 6, 1985. June 28, 1982, Pub. L. 97-204, 96 Stat. 130 - Increase of $743,100,000,000 for the period June 28, 1982, to Sept. 30, 1982. Sept. 30, 1981, Pub. L. 97-49, 95 Stat. 956 - Increase of $679,800,000,000 for the period Oct. 1, 1981, to Sept. 30, 1982. REPEALS OF TEMPORARY INCREASES IN PUBLIC DEBT LIMIT Pub. L. 99-509, title VIII, Sec. 8201, Oct. 21, 1986, 100 Stat. 1968, providing for a temporary increase in public debt limit of $189,000,000,000 for the period Oct. 21, 1986, to May 15, 1987, was repealed by Pub. L. 100-40, Sec. 1(b), May 15, 1987, 101 Stat. 308, effective May 15, 1987. Pub. L. 97-270, Sept. 30, 1982, 96 Stat. 1156, providing for a temporary increase in public debt limit of $890,200,000,000 for the period Oct. 1, 1982, to Sept. 30, 1983, was repealed by Pub. L. 98-34, Sec. 1(b), May 26, 1983, 97 Stat. 196, effective May 26, 1983. The following acts which temporarily increased the public debt limit for limited periods were repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068: Pub. L. 97-48, Sept. 30, 1981, 95 Stat. 955, provided for a temporary increase of $599,800,000,000 for the period Sept. 30, 1981, to Sept. 30, 1981. Pub. L. 97-2, Feb. 7, 1981, 95 Stat. 4, provided for a temporary increase of $585,000,000,000 for the period Feb. 7, 1981, to Sept. 30, 1981. Pub. L. 96-556, Sec. 1, Dec. 19, 1980, 94 Stat. 3261, provided for a temporary increase of $535,100,000,000 for the period Oct. 1, 1980, to Sept. 30, 1981. Pub. L. 96-286, Sec. 1, June 28, 1980, 94 Stat. 598, provided for a temporary increase of $525,000,000,000 for the period June 28, 1980, to Feb. 28, 1981. Pub. L. 96-78, title I, Sec. 101(a), Sept. 29, 1979, 93 Stat. 589, as amended Pub. L. 96-256, May 30, 1980, 94 Stat. 421; Pub. L. 96-264, Sec. 1, June 6, 1980, 94 Stat. 439, provided for a temporary increase of $479,000,000,000 for the period Sept. 29, 1979, to June 30, 1980. Pub. L. 96-5, Sec. 1, Apr. 2, 1979, 93 Stat. 8, providing for a temporary increase of $430,000,000,000 for the period Apr. 2, 1979, to Sept. 30, 1979, was also repealed by Pub. L. 96-79, title I, Sec. 101(b), Sept. 29, 1979, 93 Stat. 589. Pub. L. 95-333, Sec. 1, Aug. 3, 1978, 92 Stat. 419, providing for a temporary increase of $398,000,000,000 in the public debt limit for the period Oct. 3, 1978, to Mar. 31, 1979, was also repealed by Pub. L. 96-5, Sec. 2, Apr. 2, 1979, 93 Stat. 8. Pub. L. 95-120, Sec. 1, Oct. 4, 1977, 91 Stat. 1090, as amended, providing for a temporary increase of $352,000,000,000 in the public debt limit for the period Oct. 4, 1977, to July 31, 1978, was also repealed by Pub. L. 95-333, Sec. 2, Aug. 3, 1978, 92 Stat. 419. Pub. L. 94-334, Sec. 1, June 30, 1976, 90 Stat. 793, providing for a temporary increase of $300,000,000,000 in the public debt limit for the period Apr. 1, 1977, to Sept. 30, 1977, was also repealed by Pub. L. 95-120, Sec. 2, Oct. 4, 1977, 91 Stat. 1090. Pub. L. 94-232, Sec. 1, Mar. 15, 1976, 90 Stat. 217, provided for a temporary increase of $227,000,000,000 for the period Mar. 15, 1976, to June 30, 1976. Pub. L. 94-132, Sec. 1, Nov. 14, 1975, 89 Stat. 693, providing for a temporary increase of $195,000,000,000 in the public debt limit for the period Nov. 14, 1975, to Mar. 15, 1976, was also repealed by Pub. L. 94-232, Sec. 2, Mar. 15, 1976, 90 Stat. 217. Pub. L. 94-47, Sec. 1, June 30, 1975, 89 Stat. 246, providing for a temporary increase of $177,000,000,000 in the public debt limit for the period June 30, 1975, to Nov. 15, 1975, was also repealed by Pub. L. 94-132, Sec. 2, Nov. 14, 1975, 89 Stat. 693. Pub. L. 94-3, Sec. 1, Feb. 19, 1975, 89 Stat. 5, providing for a temporary increase of $131,000,000,000 in the public debt limit for the period Feb. 19, 1975, to June 30, 1975, was also repealed by Pub. L. 94-47, Sec. 2, June 30, 1975, 89 Stat. 246. Pub. L. 93-325, Sec. 1, June 30, 1974, 88 Stat. 285, providing for a temporary increase of $95,000,000,000 in the public debt limit for the period June 30, 1974, to Mar. 31, 1975, was also repealed by Pub. L. 94-3, Sec. 2, Feb. 19, 1975, 89 Stat. 5. Pub. L. 93-173, Sec. 1, Dec. 3, 1973, 87 Stat. 691, providing for a temporary increase of $75,700,000,000 in the public debt limit for the period of Dec. 3, 1973, to June 30, 1974, was also repealed by Pub. L. 93-325, Sec. 2, June 30, 1974, 88 Stat. 285, eff. June 30, 1974. Pub. L. 92-599, title I, Sec. 101, Oct. 27, 1972, 86 Stat. 1324, as amended Pub. L. 93-53, Sec. 1, July 1, 1973, 87 Stat. 134, providing for a temporary increase of $65,000,000,000 in the public debt limit for the period of Nov. 1, 1972, to Nov. 30, 1973, was also repealed by Pub. L. 93-173, Sec. 2, Dec. 3, 1973, 87 Stat. 691, eff. Dec. 3, 1973. Pub. L. 92-250, Mar. 15, 1972, 86 Stat. 63, as amended Pub. L. 92-336, title I, Sec. 1, July 1, 1972, 86 Stat. 406, provided for a temporary increase of $20,000,000,000 for the period Mar. 15, 1972, to Oct. 31, 1972. Pub. L. 92-5, title I, Sec. 2(a), Mar. 17, 1971, 85 Stat. 5, as amended July 1, 1972, Pub. L. 92-336, title I, Sec. 1, 86 Stat. 406, provided for a temporary increase of $30,000,000,000 for the period of Mar. 17, 1971, to Oct. 31, 1972. Pub. L. 91-301, Sec. 2, June 30, 1970, 84 Stat. 368, providing for a temporary increase of $15,000,000,000 in the public debt limit for the period of June 30, 1970, to June 30, 1971, was also repealed by Pub. L. 92-5, title I, Sec. 2(b), Mar. 17, 1971, 85 Stat. 5, eff. Mar. 17, 1971. Pub. L. 91-8, Sec. 2, Apr. 7, 1969, 83 Stat. 7, provided for a temporary increase of $12,000,000,000 for the period Apr. 7, 1969, to June 30, 1970. Pub. L. 90-3, Mar. 2, 1967, 81 Stat. 4, provided for a temporary increase from $285,000,000,000 to $336,000,000,000 for the period Mar. 2, 1967. Pub. L. 89-472, June 24, 1966, 80 Stat. 221, provided for a temporary increase from $285,000,000,000 to $330,000,000,000 for the period July 1, 1966, to June 30, 1967. Pub. L. 89-49, June 24, 1965, 79 Stat. 172, provided for a temporary increase from $285,000,000,000 to $328,000,000,000 for the period July 1, 1965, to June 30, 1966. Pub. L. 88-327, June 29, 1964, 78 Stat. 255, provided for a temporary increase from $285,000,000,000 to $324,000,000,000 for the period June 29, 1964, to June 30, 1965. Pub. L. 88-187, Nov. 26, 1963, 77 Stat. 342, provided for a temporary increase from $285,000,000,000 to $309,000,000,000 for the period Dec. 1, 1963, to June 30, 1964 and a further increase of $6,000,000,000 for the period Dec. 1, 1963 through June 29, 1964 because of variations in the timing of revenue receipts. Pub. L. 88-106, Aug. 27, 1963, 77 Stat. 131, provided for a temporary increase from $285,000,000,000 to $309,000,000,000 for the period Sept. 1, 1963, to Nov. 30, 1963. Pub. L. 88-30, Sec. 1(2), May 29, 1963, 77 Stat. 50, provided for a temporary increase from $285,000,000,000 to $309,000,000,000 for the period July 1, 1963, to Aug. 31, 1963. Pub. L. 88-30, Sec. 1(1), May 29, 1963, 77 Stat. 50, provided for a temporary increase from $285,000,000,000 to $307,000,000,000 for the period May 29, 1963, to June 30, 1963. Pub. L. 87-512, Sec. 1(3), July 1, 1962, 76 Stat. 124, provided for a temporary increase from $285,000,000,000 to $300,000,000,000 for the period June 25, 1963, to June 30, 1963. Pub. L. 87-512, Sec. 1(2), July 1, 1962, 76 Stat. 124, provided for a temporary increase from $285,000,000,000 to $305,000,000,000 for the period Apr. 1, 1963, to June 24, 1963. Pub. L. 87-512, Sec. 1(1), July 1, 1962, 76 Stat. 124, provided for a temporary increase from $285,000,000,000 to $308,000,000,000 for the period July 1, 1962, to Mar. 31, 1963. Pub. L. 87-414, Mar. 13, 1962, 76 Stat. 23, provided for a temporary increase from $285,000,000,000 to $300,000,000,000 for the period Mar. 13, 1962, to June 30, 1962. Pub. L. 87-69, June 30, 1961, 75 Stat. 148, provided for a temporary increase from $285,000,000,000 to $298,000,000,000 for the period July 1, 1961, to June 30, 1962. Pub. L. 86-564, title I, Sec. 101, June 30, 1960, 74 Stat. 290, provided for a temporary increase from $285,000,000,000 to $293,000,000,000 for the period July 1, 1960, to June 30, 1961. Pub. L. 86-74, Sec. 2, June 30, 1959, 73 Stat. 156, provided for a temporary increase from $285,000,000,000 to $295,000,000,000 for the period July 1, 1959, to June 30, 1960. Pub. L. 85-336, Feb. 26, 1958, 72 Stat. 27, provided for a temporary increase from $275,000,000,000 to $280,000,000,000 for the period Feb. 26, 1958, to June 30, 1959. July 9, 1956, ch. 536, 70 Stat. 519, provided for a temporary increase from $275,000,000,000 to $278,000,000,000 for the period July 1, 1956, to June 30, 1957. Aug. 28, 1954, ch. 1037, 68 Stat. 895, as amended by act June 30, 1955, ch. 256, 69 Stat. 241, provided for a temporary increase from $275,000,000,000 to $281,000,000,000 for the period Aug. 28, 1954, to June 30, 1956. RESTORATION OF TRUST FUND INVESTMENTS Provisions requiring the Secretary of the Treasury to restore certain Federal trust funds and Government accounts to the position they would have been if the debt limitation of 31 U.S.C. 3101(b) had not prevented them from investing funds during specific periods were contained in the following acts: Pub. L. 101-508, title XI, Sec. 11901(b), Nov. 5, 1990, 104 Stat. 1388-560. Pub. L. 101-140, title III, Sec. 301, Nov. 8, 1989, 103 Stat. 833. Pub. L. 99-177, title II, Sec. 272, Dec. 12, 1985, 99 Stat. 1095. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 632; title 5 sections 8348, 8438. ------DocID 39318 Document 218 of 536------ -CITE- 31 USC Sec. 3102 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3102. Bonds -STATUTE- (a) With the approval of the President, the Secretary of the Treasury may borrow on the credit of the United States Government amounts necessary for expenditures authorized by law and may issue bonds of the Government for the amounts borrowed and may buy, redeem, and make refunds under section 3111 of this title. The Secretary may issue bonds authorized by this section to the public and to Government accounts at any annual interest rate and prescribe conditions under section 3121 of this title. (b) The Secretary shall offer the bonds authorized under this section first as a popular loan under regulations of the Secretary that allow the people of the United States as nearly as possible an equal opportunity to participate in subscribing to the offered bonds. However, the bonds may be offered in a way other than as a popular loan when the Secretary decides the other way is in the public interest. (c)(1) When the Secretary decides it is in the public interest in making a bond offering under this section, the Secretary may - (A) make full allotments on receiving applications for smaller amounts of bonds to subscribers applying before the closing date the Secretary sets for filing applications; (B) reject or reduce allotments on receiving applications filed after the closing date or for larger amounts; (C) reject or reduce allotments on receiving applications from incorporated banks and trust companies for their own account and make full allotments or increase allotments to other subscribers; and (D) prescribe a graduated scale of allotments. (2) The Secretary shall prescribe regulations applying to all popular loan subscribers similarly situated governing a reduction or increase of an allotment under paragraph (1) of this subsection. (d) The Secretary may make special arrangements for subscriptions from members of the armed forces. However, bonds issued to those members must be the same as other bonds of the same issue. (e) The Secretary may dispose of any part of a bond offering not taken and may prescribe the price and way of disposition. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 938; Pub. L. 97-452, Sec. 1(5), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-34, Sec. 2, May 26, 1983, 97 Stat. 196; Pub. L. 98-302, Sec. 2, May 25, 1984, 98 Stat. 217; Pub. L. 99-272, title XIII, Sec. 13212, Apr. 7, 1986, 100 Stat. 325; Pub. L. 100-203, title IX, Sec. 9403, Dec. 22, 1987, 101 Stat. 1330-377; Pub. L. 100-647, title VI, Sec. 6301, Nov. 10, 1988, 102 Stat. 3755.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3102(a) 31:752(1st par.). Sept. 24, 1917, ch. 56, Sec. 1(1st par.), 40 Stat. 288; restated Apr. 4, 1918, ch. 44, Sec. 1, 40 Stat. 502; July 9, 1918, ch. 142, Sec. 1, 40 Stat. 844; Mar. 3, 1931, ch. 433, 46 Stat. 1506; Feb. 4, 1935, ch. 5, Sec. 1, 49 Stat. 20; May 26, 1938, ch. 285, Sec. 1, 52 Stat. 447. 31:752(2d par. less Sept. 24, 1917, ch. form of bonds). 56, Sec. 1(2d par. less form of bonds), 40 Stat. 288; restated Apr. 4, 1918, ch. 44, Sec. 1, 40 Stat. 502; Mar. 17, 1971, Pub. L. 92-5, Sec. 3, 85 Stat. 5; July 1, 1973, Pub. L. 93- 53, Sec. 2, 87 Stat. 135; Mar. 15, 1976, Pub. L. 94-232, Sec. 3(a), 90 Stat. 217; June 30, 1976, Pub. L. 94-334, Sec. 2, 90 Stat. 793; Oct. 4, 1977, Pub. L. 95-120, Sec. 3, 91 Stat. 1090; Aug. 3, 1978, Pub. L. 95-333, Sec. 3, 92 Stat. 419; Apr. 2, 1979, Pub. L. 96-5, Sec. 3, 93 Stat. 8; Sept. 29, 1979, Pub. L. 96-78, Sec. 102, 93 Stat. 589; Oct. 3, 1980, Pub. L. 96-377, Sec. 2, 94 Stat. 1512. 3102(b) 31:752(3d par. 1st Sept. 24, 1917, ch. sentence words 56, Sec. 1(3d before 4th comma). par.), 40 Stat. 288; restated Apr. 4, 1918, ch. 44, Sec. 1, 40 Stat. 502. 31:752(4th par. Sept. 24, 1917, ch. related to a 56, 40 Stat. 288, popular loan). Sec. 1(4th par.); added Jan. 30, 1934, ch. 6, Sec. 14(a)(1), 48 Stat. 343. 3102(c)(1) 31:752(3d par. 1st sentence words between 4th comma and proviso), (4th par. related to allotments). 3102(c)(2) 31:752(3d par. 1st sentence proviso). 3102(d) 31:752(3d par. last sentence). 3102(e) 31:752(3d par. 2d sentence). ------------------------------- In subsection (a), the word 'amounts' is substituted for 'sum or sums' for consistency. The words 'as in his judgment may be' are omitted as surplus. The words 'for expenditures authorized by law' are substituted for 'for the purposes of this Act . . . and to meet expenditures authorized for the national security and defense and other public purposes authorized by law' because they are inclusive and for consistency. The words 'under section 3111 of this title' are substituted for 'at or before maturity, of any outstanding bonds, notes, certificates of indebtedness, or Treasury bills of the United States' because of the restatement. The words 'prescribe conditions under section 3121 of this title' are substituted for the text of 31:752(2d par. 1st sentence less form of bonds, 2d sentence) because of the restatement. The words 'at any annual interest rate' are added for clarity and to more precisely define the 4.25 percent limitation. The words 'bonds may not be issued under this section to the public, or sold by a Government account to the public, with a rate of interest exceeding 4 1/4 per centum per annum in an amount which would cause' are omitted as surplus. In subsections (b), (d), and (e), the words 'not less than par' are omitted as superseded by section 3 of the Public Debt Act of 1942 (ch. 205, 56 Stat. 189), restated in section 3121 of the revised title. In subsection (b), the words 'under regulations of the Secretary that allow' are substituted for 'under such regulations, prescribed by the Secretary of the Treasury from time to time, as will in his opinion give' to eliminate unnecessary words. The words 'subscribing to the offered bonds' are substituted for 'therein' for clarity. The words 'However . . . when the Secretary decides the other way is in the public interest' are substituted for 'Notwithstanding the provisions of the foregoing paragraph, the Secretary of the Treasury may from time to time, when he deems it to be in the public interest' to eliminate unnecessary words. In subsection (c)(1), before clause (A), the words 'and may from time to time adopt any or all of said methods, should any such action' in 31:752(3d par. 1st sentence words between 4th comma and proviso) are omitted because of the restatement. The word 'decides' is substituted for 'deemed' in 31:752(3d par. 1st sentence words between 4th comma and proviso) and 'deems' in 31:752a(4th par. related to allotments) for consistency. The words 'in making a bond offering under this section' are added for clarity. In subsection (c)(2), the word 'regulations' is substituted for 'general rules' for consistency in the revised title and with other titles of the United States Code. In subsection (d), the words 'members of armed forces' are substituted for 'persons in the military or naval forces of the United States' for clarity and consistency with title 10. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3102(a) 31 App.:752(2d par. Sept. 3, 1982, Pub. less form of bonds). L. 97-248, Sec. 289(c), 96 Stat. 572. ------------------------------- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-647 struck out at end: 'However, the face amount of bonds issued under this section and held by the public with interest rates of more than 4.25 percent a year may not be more than $270,000,000,000.' 1987 - Subsec. (a). Pub. L. 100-203 substituted '$270,000,000,000' for '$250,000,000,000'. 1986 - Subsec. (a). Pub. L. 99-272 substituted '$250,000,000,000' for '$200,000,000,000'. 1984 - Subsec. (a). Pub. L. 98-302 substituted '$200,000,000,000' for '$150,000,000,000'. 1983 - Subsec. (a). Pub. L. 98-34 substituted '$150,000,000,000' for '$110,000,000,000'. Pub. L. 97-452 substituted '$110,000,000,000' for '$70,000,000,000'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3108, 3121, 3123 of this title; title 29 section 213; title 45 sections 231f, 231n. ------DocID 39319 Document 219 of 536------ -CITE- 31 USC Sec. 3103 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3103. Notes -STATUTE- (a) With the approval of the President, the Secretary of the Treasury may borrow on the credit of the United States Government amounts necessary for expenditures authorized by law and may issue notes of the Government for the amounts borrowed and may buy, redeem, and make refunds under section 3111 of this title. The Secretary may prescribe conditions under section 3121 of this title. Notwithstanding section 3121(a)(5) of this title, the payment date of each series of notes issued shall be at least one year but not more than 10 years from the date of issue. (b) The Government may redeem any part of a series of notes before maturity by giving at least 4 months' notice but not more than one year's notice. (c) The holder of a note of one series issued under this section with the same issue date as another series of notes issued under this section may convert, at par value, a note of the holder for a note of the other series. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 939.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3103(a), (b) 31:753(a)(less form Sept. 24, 1917, ch. of notes, 56, 40 Stat. 288, certificates of Sec. 18(a)(less indebtedness, and form of notes, Treasury bills). certificates of indebtedness, and Treasury bills); added Mar. 3, 1919, ch. 100, Sec. 1, 40 Stat. 1309; Nov. 23, 1921, ch. 136, Sec. 1401, 42 Stat. 321; Jan. 30, 1934, ch. 6, Sec. 14(a)(3), 48 Stat. 343; restated Feb. 4, 1935, ch. 5, Sec. 4, 49 Stat. 20; June 30, 1967, Pub. L. 90-39, Sec. 4, 81 Stat. 99; Mar. 15, 1976, Pub. L. 94-232, Sec. 3(b), 90 Stat. 217. 3103(c) 31:753(c). Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 18(c); added Mar. 3, 1919, ch. 100, Sec. 1, 40 Stat. 1310. ------------------------------- In subsection (a), the words 'In addition to the bonds and certificates of indebtedness and war-savings certificates authorized by this Act, and amendments thereto' are omitted as unnecessary. The words 'subject to the limitation imposed by section 757b of this title' are omitted as surplus. The word 'Government' is added for consistency. The words 'for expenditures authorized by law' are substituted for 'for the purposes of this Act . . . and to meet public expenditures authorized by law' for clarity and because they are inclusive. The words 'under section 3111 of this title' are substituted for 'at or before maturity, of any outstanding bonds, notes, certificates of indebtedness, or Treasury bills of the United States' because of the restatement. The words 'denomination or denominations' are omitted because section 3121(a) of the revised title consolidates this authority in one section for the various types of debt instruments. The words 'under section 3121 of this title' are substituted for 'containing such terms and conditions, and at such rate or rates of interest' because of the restatement. The words 'at not less than par (except as provided in section 754b of this title)' are omitted as superseded by section 3 of the Public Debt Act of 1942 (ch. 205, 56 Stat. 189), restated in section 3121 of the revised title. The words 'Notwithstanding section 3121(a)(5) of this title' are added for clarity because the section cited contains the general authority to which subsection (a)(last sentence) of this section is an exception. In subsection (b), the words 'at the option of' and 'and under such rules and regulations and during such period as he may prescribe' are omitted as surplus. Subsection (c) is substituted for 31:753(c) to eliminate unnecessary words and for clarity and consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3108, 3121 of this title. ------DocID 39320 Document 220 of 536------ -CITE- 31 USC Sec. 3104 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3104. Certificates of indebtedness and Treasury bills -STATUTE- (a) The Secretary of the Treasury may borrow on the credit of the United States Government amounts necessary for expenditures authorized by law and may buy, redeem, and make refunds under section 3111 of this title. For amounts borrowed, the Secretary may issue - (1) certificates of indebtedness of the Government; and (2) Treasury bills of the Government. (b) The Secretary may prescribe conditions for issuing certificates of indebtedness and Treasury bills under section 3121 of this title and conditions under which the certificates and bills may be redeemed before maturity. Notwithstanding section 3121(a)(5) of this title, the payment date of certificates of indebtedness and Treasury bills may not be more than one year after the date of issue. (c) Treasury bills issued under this section may not be accepted before maturity to pay principal or interest on obligations of governments of foreign countries that are held by the United States Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 939.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3104(a) 31:754(a)(1st, 2d Sept. 24, 1917, ch. sentences). 56, Sec. 5(a)(less form of certificates of indebtedness and Treasury bills, finality), 40 Stat. 290; Apr. 4, 1918, ch. 44, Sec. 4, 40 Stat. 504; Mar. 3, 1919, ch. 100, Sec. 3, 40 Stat. 1311; restated June 17, 1929, ch. 26, 46 Stat. 19; Feb. 4, 1935, ch. 5, Sec. 2, 3, 49 Stat. 20. 3104(b) 31:754(a)(3d sentence)(less form of certificates of indebtedness and Treasury bills, finality). 3104(c) 31:754(a)(last sentence). ------------------------------- In subsection (a), before clause (1), the words 'In addition to the bonds and notes authorized by sections 752, 753, and 757c of this title' are omitted as unnecessary. The words 'subject to the limitation imposed by section 757b of this title' are omitted as surplus. The words 'for expenditures authorized by law' are substituted for 'for the purposes of this Act . . . and to meet public expenditures authorized by law' for clarity and because they are inclusive. The words 'under section 3111 of this title' are substituted for 'at or before maturity, of any outstanding bonds, notes, certificates of indebtedness or Treasury bills of the United States' because of the restatement. The words 'at not less than par' are omitted as superseded by section 3 of the Public Debt Act of 1942 (ch. 205, 56 Stat. 189), restated in section 3121 of the revised title. The text of 31:754(a)(2d sentence) is omitted as superseded by section 3121(a) of the revised title. In clause (1), the words 'and at such rate or rates of interest, payable at such time or times as he may prescribe' are omitted because they are superseded by section 3121(a), (b)(1), and (c) of the revised title. In clause (2), the words 'on a discount basis and payable at maturity without interest' are omitted because they are superseded by section 3121(a) of the revised title. The words 'of the Government' are added for consistency. In subsection (b), the words 'terms and' after 'upon such' are omitted as surplus. The words 'for issuing . . . under section 3121 of this title' are substituted for 'subject to such terms and conditions' because of the restatement. The words 'Notwithstanding section 3121(a)(5) of this title' are substituted for 'shall be payable at such time' for clarity because the section cited contains the general authority to which subsection (c)(last sentence) of this section is an exception. In subsection (c), the words 'account of' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3108, 3121, 3129 of this title; title 12 section 221. ------DocID 39321 Document 221 of 536------ -CITE- 31 USC Sec. 3105 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3105. Savings bonds and savings certificates -STATUTE- (a) With the approval of the President, the Secretary of the Treasury may issue savings bonds and savings certificates of the United States Government and may buy, redeem, and make refunds under section 3111 of this title. Proceeds from the bonds and certificates shall be used for expenditures authorized by law. Savings bonds and certificates may be issued on an interest-bearing basis, on a discount basis, or on an interest-bearing and discount basis. Savings bonds shall mature not more than 20 years from the date of issue. Savings certificates shall mature not more than 10 years from the date of issue. The difference between the price paid and the amount received on redeeming a savings bond or certificate is interest under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). (b)(1) With the approval of the President and except as provided in paragraph (2) of this subsection, the Secretary may - (A) fix the investment yield for savings bonds; and (B) change the investment yield on an outstanding savings bond, except that the yield on a bond for the period held may not be decreased below the minimum yield for the period guaranteed on the date of issue. (2) The investment yield on a series E savings bond shall be at least 4 percent a year compounded semiannually beginning on the first day of the month beginning after the date of issue of the bond and ending on the last day of the month before the date of redemption. (3) With the approval of the President, the Secretary may prescribe regulations providing that - (A) owners of series E and H savings bonds may keep the bonds after maturity or after a period beyond maturity during which the bonds have earned interest and continue to earn interest at rates consistent with paragraph (1) of this subsection; and (B) series E and H savings bonds earning a different rate of interest before the regulations are prescribed shall earn a rate of interest consistent with paragraph (1). (c) The Secretary may prescribe for savings bonds and savings certificates issued under this section - (1) the form and amount of an issue and series; (2) the way in which they will be issued; (3) the conditions, including restrictions on transfer, to which they will be subject; (4) conditions governing their redemption; (5) their sales price and denominations; (6) a way to evidence payments for or on account of them and to provide for the exchange of savings certificates for savings bonds; and (7) the maximum amount issued in a year that may be held by one person. (d) The Secretary may authorize financial institutions to make payments to redeem savings bonds and savings notes. A financial institution may be a paying agent only if the institution - (1) is incorporated under the laws of the United States, a State, the District of Columbia, or a territory or possession of the United States; (2) in the usual course of business accepts, subject to withdrawal, money for deposit or the purchase of shares; (3) is under the supervision of a banking authority of the jurisdiction in which it is incorporated; (4) has a regular office to do business; and (5) is qualified under regulations prescribed by the Secretary in carrying out this subsection. (e)(1) The Secretary may prescribe a way in which a check issued to an individual (except a trust or estate) as a refund for taxes imposed under subtitle A of the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) may become a series E savings bond. However, a check may become a bond only if the claim for a refund is filed by the last day prescribed by law for filing the return (determined without any extensions) for the taxable year for which the refund is made. The Secretary may prescribe the time and way in which the check becomes a bond. (2) A bond issued under this subsection is deemed to be a series E bond issued under this section, except that the bond shall bear an issue date of the first day of the first month beginning after the close of the taxable year for which the bond is issued. The Secretary also may provide that a bond issued to joint payees may be redeemed by either payee alone. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 940; Pub. L. 97-452, Sec. 1(6), (7), Jan. 12, 1983, 96 Stat. 2467, 2468; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3105(a) 31:757c(a)(1st Sept. 24, 1917, ch. sentence), 56, 40 Stat. 288, (b)(1)(1st Sec. 22(a)-(d)(1st sentence), (d)(1st sentence); added sentence). Feb. 4, 1935, ch. 5, Sec. 6, 49 Stat. 21; restated Feb. 19, 1941, ch. 7, Sec. 3, 55 Stat. 7; Mar. 26, 1951, ch. 19, Sec. 1, 65 Stat. 26; Apr. 20, 1957, Pub. L. 85- 17, Sec. 1, 71 Stat. 15; Sept. 22, 1959, Pub. L. 86-346, Sec. 101(b), 73 Stat. 621; Dec. 1, 1969, Pub. L. 91- 130, Sec. 1, 2(b), 83 Stat. 272; Aug. 24, 1970, Pub. L. 91-388, Sec. 3, 84 Stat. 830; Mar. 15, 1976, Pub. L. 94- 232, Sec. 4, 90 Stat. 217; Apr. 2, 1979, Pub. L. 96-5, Sec. 4, 93 Stat. 8; Oct. 3, 1980, Pub. L. 96-377, Sec. 1, 94 Stat. 1512. 3105(b)(1) 31:757c(b)(1)(2d sentence proviso, last sentence). 3105(b)(2) 31:757c(b)(3). 3105(b)(3) 31:757c(b)(2). 3105(c) 31:757c(a)(last sentence), (b)(1)(2d sentence less proviso, 3d, 4th sentences), (c). 3105(d) 31:757c(h). Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 22(h); added Apr. 11, 1943, ch. 52, Sec. 3, 57 Stat. 63; restated Apr. 3, 1945, ch. 51, Sec. 3, 59 Stat. 47; Oct. 17, 1968, Pub. L. 90- 595, Sec. 1, 82 Stat. 1155. 3105(e) 31:757c(j). Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 22(j); added July 1, 1973, Pub. L. 93-53, Sec. 3(a), 87 Stat. 135. ------------------------------- In subsection (a), the words 'through the United States Postal Service or otherwise' and 'Treasury' before 'savings' are omitted as surplus. The words 'and may buy, redeem, and make refunds under section 3111 of this title' are added because of the restatement. The words 'for expenditures authorized by law' are substituted for 'to meet any public expenditures authorized by law, and to retire any outstanding obligations of the United States bearing interest or issued on a discount basis' for clarity and because they are inclusive. The word 'combination' is omitted as surplus. In subsection (b)(1), the words 'Except as provided in paragraph (2) of this subsection' are added for clarity. The word 'conditions' is substituted for 'terms' for consistency in the revised title and with other titles of the United States Code. The word 'calendar' is omitted as surplus. The words '(or, beginning on October 1, 1976, if later)' are omitted as executed. In subsection (b)(3), the words 'at their option' and 'upon them' are omitted as surplus. The last sentence is substituted for 31:757c(b)(2)(B) for clarity. In subsection (c), before clause (1), the words 'subject to the limitation imposed by section 757b of this title' are omitted as surplus. The words 'issued under this section' are added for clarity. In clause (3), the words 'terms and' are omitted as surplus. The words 'consistent with subsections (b) to (d) of this section' are omitted as unnecessary because of the restatement. In clause (4), the words 'before maturity' are omitted as surplus. In clause (6), the words 'a way to evidence payments for' are substituted for 'issue, or cause to be issued, stamps, or may provide any other means to evidence payments for' because they are inclusive. The text of 31:757c(c)(last sentence) is omitted because section 5 of the Public Debt Act of 1942 (ch. 205, 56 Stat. 189), ended the authority of the Postmaster General to issue stamps. In clause (7), the word 'maximum' is added for clarity. The words 'at any one time' are omitted as surplus. In subsection (d), before clause (1), the words 'under such regulations as he may prescribe', 'or permit', and 'commercial banks, trust companies, savings banks, savings and loan associations, building and loan associations (including cooperative banks), credit unions, cash depositories, industrial banks, and similar' are omitted as surplus. In clause (1), the words 'Commonwealth of the Philippine Islands' in section 22(h) of the Second Liberty Bond Act (ch. 56, 40 Stat. 288) are omitted because of Proclamation No. 2695 (July 24, 1946, 60 Stat. 1352) proclaiming the independence of the Philippines. In clause (3), the words 'department or equivalent' are omitted as surplus. In clause (5), the word 'duly' is omitted as surplus. In subsection (e)(1), the words 'by regulations' are omitted as unnecessary. The words 'a way' are added, and the words 'However, a check may become a bond' are substituted for 'This subsection shall apply', for clarity. In subsection (e)(2), the words 'Except as provided in paragraph (2)' are omitted as unnecessary. The words 'is deemed to be' are substituted for 'shall be treated for all purposes of law as' because a legal fiction is intended. The words 'calendar' and 'In the case of . . . under this subsection' are omitted as surplus. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3105(b)(1) 31 App.:757c(b)(1) Sept. 3, 1982, Pub. (2d sentence). L. 97-248, Sec. 289(a)(1)(A), (B), (D), 96 Stat. 571. 3105(b)(2) 31 App.:757c(b)(3) 3105(b)(3) 31 App.:757c(b)(2). 3105(c) 31 App.:757c(b)(1) Sept. 3, 1982, Pub. (3d sentence). L. 97-248, Sec. 289(a)(1)(C), 96 Stat. 571. ------------------------------- In subsection (b)(1), before clause (A), the words 'and except as provided in paragraph (2) of this subsection' are added for clarity. In clause (B), the word 'change'' is substituted for 'provide for increases and decreases in' to eliminate unnecessary words. The word 'investment' is omitted the 2d time it appears as surplus. AMENDMENTS 1986 - Subsecs. (a), (e)(1). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. 1983 - Subsec. (b). Pub. L. 97-452, Sec. 1(6), added par. (1) and redesignated former par. (1) as (2), in par. (2) as so redesignated, struck out provision that except as provided in former par. (2), the interest rate on, and the issue price of, savings bonds and savings certificates and the conditions under which they might be redeemed might not yield more than 5.5 percent a year compounded semiannually, struck out former par. (2) which provided that the Secretary with the President's approval might fix the yield on savings bonds at any percent per year compounded semiannually, but that total increases in a six-month period might not exceed one percent a year compounded semiannually, redesignated provisions of par. (3) as subpars. (A) and (B), and, in subpar. (B), as so redesignated, substituted provisions that series E and H savings bonds earning a different rate of interest before the regulations are prescribed shall earn a rate of interest consistent with par. (1) for provision that series E and H savings bonds earning a higher rate of interest before the regulations were prescribed would continue to earn a higher rate of interest consistent with par. (1). Subsec. (c)(5). Pub. L. 97-452, Sec. 1(7), struck out '(expressed in terms of the maturity value)' after 'denominations'. -EXEC- EX. ORD. NO. 11981. INTERAGENCY COMMITTEE FOR THE PURCHASE OF UNITED STATES BONDS Ex. Ord. No. 11981, Mar. 29, 1977, 42 F.R. 17095, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, it is hereby ordered as follows: Section 1. (a) There is hereby established the Interagency Committee for the Purchase of United States Savings Bonds (hereinafter referred to as the Committee). The Committee shall consist of a Chairman, who is to be appointed by the President for a term of two years, and the heads of Federal agencies. Each member of the Committee is responsible for the success of the Payroll Savings Program in his agency. (b) Members of the Committee may designate an alternate, who shall serve as a member of the Committee whenever the regular member is unable to attend any meeting of the Committee. The alternate member may be authorized to act for the regular member in all appropriate matters relating to the Committee. In the case of an executive or military department, a Deputy Secretary or an Under Secretary may be designated as an alternate member. In the case of any other Federal agency, the alternate member shall be designated from among the officials thereof of appropriate rank. (c) The Chairman will designate the Federal Payroll Savings Officer of the Savings Bonds Division, Department of the Treasury, to act as his liaison officer with members of the Committee. Sec. 2. The Committee shall perform the following functions and duties: (a) Formulating and presenting to the Federal agencies a plan of organization and sales promotion whereby the Payroll Savings Plan and Military Bond Allotment Plan, hereinafter referred to as the Plans, will be made available to all uniformed and civilian personnel of the government for the purchase of Savings Bonds, and whereby all such personnel will be urged to participate. (b) Assisting the Federal agencies in installing the Plans and in solving any special problems that may develop in connection therewith. (c) Acting as a clearinghouse for Federal agencies in compiling and disseminating such statistics and information with respect to the implementation and sales promotion of the Plans as may be appropriate. (d) Recommending to the Federal agencies any methods for improvements in the program adopted pursuant to the Plans. (e) The Committee will meet, and will be available to meet with the President, at least once each calendar year and at such other times as may be necessary to carry out its responsibilities. Sec. 3. Each Federal agency shall institute and put into operation, as soon as practicable, a plan of organization and sales promotion recommended by the Committee, with such modifications as particular circumstances may render advisable. Sec. 4. As used in this Order, the term 'Federal agencies' means departments, agencies, and establishments of the Executive branch of the Government. Sec. 5. This Order supersedes Executive Order No. 11532 of June 2, 1970. Jimmy Carter. -MISC6- TRANSITIONAL RULE Pub. L. 97-248, title II, Sec. 289(b), Sept. 3, 1982, 96 Stat. 57, provided that for a savings bond issued before the 30th day after Sept. 3, 1982, for purposes of sections 757c and 757c-2 of former Title 31, the minimum yield for the period held is the scheduled investment yield for the period in effect on the 30th day. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3106, 3108 of this title; title 26 section 135. ------DocID 39322 Document 222 of 536------ -CITE- 31 USC Sec. 3106 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3106. Retirement and savings bonds -STATUTE- (a) With the approval of the President, the Secretary of the Treasury may issue retirement and savings bonds of the United States Government and may buy, redeem, and make refunds under section 3111 of this title. The proceeds from the bonds shall be used for expenditures authorized by law. Retirement and savings bonds may be issued only on a discount basis. The maturity period of the bonds shall be at least 10 years from the date of issue but not more than 30 years from the date of issue. The difference between the price paid and the amount received on redeeming a bond is interest under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). (b) With the approval of the President, the Secretary may allow owners of retirement and savings bonds to keep the bonds after maturity and continue to earn interest on them at rates that are consistent with the rate of investment yield provided by retirement and savings bonds. (c) Section 3105(c)(1)-(5) of this title applies to this section. Sections 3105(c)(6) and (d) and 3126 of this title apply to this section to the extent consistent with this section. The Secretary may prescribe the maximum amount of retirement and savings bonds issued under this section in a year that may be held by one person. However, the maximum amount shall be at least $3,000. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 941; Pub. L. 97-452, Sec. 1(8), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3106(a) 31:757c-2(a)(1st Sept. 24, 1917, ch. sentence), 56, 40 Stat. 288, (b)(1)(1st Sec. 22A(a)-(c)(1st sentence), (c)(1st sentence), (d); sentence). added Nov. 8, 1966, Pub. L. 89-800, Sec. 5, 80 Stat. 1514. 3106(b) 31:757c-2(b)(1)(2d sentence words after 1st comma), (2). 3106(c) 31:757c-2(a)(last sentence), (b)(1)(2d sentence words before 1st comma, 3d, last sentences), (d). ------------------------------- In subsection (a), the words 'In addition to the United States savings bonds authorized to be issued under section 757c of this title' are omitted as surplus. The words 'through the United States Postal Service or otherwise' are omitted as surplus and unnecessary because of 39:411. The words 'and may buy, redeem, and make refunds under section 3111 of this title' are added because of the restatement. The words 'and to retire any outstanding obligations of the United States bearing interest or issued on a discount basis' are omitted as unnecessary because of section 3111 of the revised title. The words 'as the terms thereof may provide' are omitted because of the restatement. In subsection (b), the word 'conditions' is substituted for 'terms' for consistency in the revised title and with other titles of the United States Code. The words 'by regulations' are omitted as unnecessary. The words 'at their option' are omitted as surplus. In subsection (c), the words 'Section 3105(c)(1)-(5) of this title applies to this section' are substituted for 31:757c-2(a)(last sentence) and (b)(1)(2d sentence words before 1st comma, 3d sentence) to eliminate unnecessary words. The words 'by regulations' are omitted as unnecessary. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3106(b) 31 App.:757c-2 Sept. 3, 1982, Pub. (b)(1) (2d L. 97-248, Sec. sentence). 289(a)(2), 96 Stat. 571. ------------------------------- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. 1983 - Subsec. (b). Pub. L. 97-452 struck out provisions that the issue price of retirement and savings bonds and the conditions under which they could be redeemed could give an investment yield of not more than 5 percent a year compounded semiannually. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3108 of this title. ------DocID 39323 Document 223 of 536------ -CITE- 31 USC Sec. 3107 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3107. Increasing interest rates and investment yields on retirement bonds -STATUTE- With the approval of the President, the Secretary of the Treasury may increase by regulation the interest rate or investment yield on an offering of bonds issued under this chapter that are described in sections 405(b) and 409(a) of the Internal Revenue Code of 1954 (26 U.S.C. 405(b), 409(a)), as in effect before the enactment of the Tax Reform Act of 1984. The increased yield shall be for interest accrual periods specified in the regulations so that the interest rate or investment yield on the bonds for those periods is consistent with the interest rate or investment yield on a new offering of those bonds. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 941; Pub. L. 98-369, div. A, title IV, Sec. 491(d)(59), July 18, 1984, 98 Stat. 852.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3108 31:753(d)(1st Sept. 24, 1917, ch. sentence). 56, 40 Stat. 288, Sec. 18(d)(1st sentence); added Mar. 3, 1919, ch. 100, Sec. 1, 40 Stat. 1310. 31:757c(d)(last Sept. 24, 1917, ch. sentence). 56, 40 Stat. 288, Sec. 22(d)(last sentence); added Feb. 4, 1935, ch. 5, Sec. 6, 49 Stat. 21; restated Feb. 19, 1941, ch. 7, Sec. 3, 55 Stat. 8. 31:757c-2(c)(last Sept. 24, 1917, ch. sentence). 56, 40 Stat. 288, Sec. 22A(c)(last sentence); added Nov. 8, 1966, Pub. L. 89-800, Sec. 5, 80 Stat. 1515. 31:758. Sept. 24, 1917, ch. 56, Sec. 7(1st sentence), 40 Stat. 291. ------------------------------- The reference in 31:758 to certificates authorized under 31:757 is omitted because the authority under 31:757 was ended by section 2(b)(3) of the Public Debt Act of 1941 (ch. 7, 55 Stat. 7). ------DocID 39324 Document 224 of 536------ -CITE- 31 USC Sec. 3109 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3109. Tax and loss bonds -STATUTE- (a) The Secretary of the Treasury may issue tax and loss bonds of the United States Government and may buy, redeem, and make refunds under section 3111 of this title. The proceeds of the tax and loss bonds shall be used for expenditures authorized by law. Tax and loss bonds are nontransferrable except as provided by the Secretary, bear no interest, and shall be issued in amounts needed to allow persons to comply with section 832(e) of the Internal Revenue Code of 1986 (26 U.S.C. 832(e)). The Secretary may prescribe the amount of tax and loss bonds and the conditions under which the bonds will be issued as required by section 832(e). (b) For a taxable year in which amounts are deducted from the mortgage guaranty account referred to in section 832(e)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 832(e)(3)), an amount of tax and loss bonds bought under section 832(e)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 832(e)(2)) shall be redeemed for the amount deducted from the account. The amount redeemed shall be applied as necessary to pay taxes due because of the inclusion under section 832(b)(1)(E) of the Internal Revenue Code of 1986 (26 U.S.C. 832(b)(1)(E)) of amounts in gross income. The Secretary also may prescribe additional ways to redeem the bonds. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 942; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3109(a) 31:757c-3(1st-3d Sept. 24, 1917, ch. sentences). 56, 40 Stat. 288, Sec. 26; added Jan. 2, 1968, Pub. L. 90- 240, Sec. 5(f), 81 Stat. 778. 3109(b) 31:757c-3(4th, last sentences). ------------------------------- In subsection (a), the words 'and may buy, redeem, and make refunds under section 3111 of this title' are substituted for 'and to retire any outstanding obligations of the United States issued under this Act' for consistency. The words 'subject to the limitations imposed by section 757b of this title' are omitted as surplus. The word 'conditions' is substituted for 'terms and conditions' because it is inclusive. AMENDMENTS 1986 - Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954' wherever appearing. ------DocID 39325 Document 225 of 536------ -CITE- 31 USC Sec. 3110 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3110. Sale of obligations of governments of foreign countries -STATUTE- (a) With the approval of the President, the Secretary of the Treasury may sell obligations of the government of a foreign country when the obligations were acquired under - (1) the First Liberty Bond Act and matured before June 16, 1947; (2) the Second Liberty Bond Act and matured before October 16, 1938; or (3) section 7(a) of the Victory Liberty Loan Act. (b) The Secretary may prescribe the conditions and frequency for receiving payment under obligations of a government of a foreign country acquired under the laws referred to in subsection (a) of this section. A sale of an obligation acquired under those Acts shall at least equal the purchase price and accrued interest. The proceeds of obligations sold under this section and payments received from governments on the principal of their obligations shall be used to redeem or buy (for not more than par value and accrued interest) bonds of the United States Government issued under this chapter. If those bonds cannot be redeemed or bought, the Secretary shall redeem or buy other outstanding interest-bearing obligations of the Government that are subject to redemption or which can be bought at not more than par value and accrued interest. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 942.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3110 31:801. Sept. 24, 1917, ch. 56, Sec. 3, 40 Stat. 289. 31:802, 803. Mar. 3, 1919, ch. 100, Sec. 7(b), 8, 40 Stat. 1312, 1313. 31:804. Apr. 24, 1917, ch. 4, Sec. 3, 40 Stat. 35. ------------------------------- In the section, the words 'government of a foreign country' are substituted for 'foreign governments' for consistency in the revised title and with other titles of the United States Code. In subsection (a), the text of 31:801 and 802 (related to converting certain obligations of foreign governments into obligations bearing a higher rate of interest or with a longer term to maturity) is omitted as executed. In subsection (b), the text of 31:804 is omitted as unnecessary. The word 'conditions' is substituted for 'terms and conditions' because it is inclusive. The words 'unless otherwise hereafter provided by law' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The First Liberty Bond Act, referred to in subsec. (a)(1), is act Apr. 24, 1917, ch. 4, 40 Stat. 35, which enacted sections 746, 755, 755a, 759, 764, 774, and 804 of former Title 31 and section 462a of Title 12, Banks and Banking, and amended sections 745 and 768 of former Title 31, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. The Second Liberty Bond Act, referred to in subsec. (a)(2), is act Sept. 24, 1917, ch. 56, 40 Stat. 288, as amended, which enacted sections 747, 752 to 754b, 757, 757b, 757c to 757e, 758, 760, 765, 766, 771, 773, and 801 and amended sections 745, 764, 769, and 774 of former Title 31, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. Section 7(a) of the Victory Liberty Loan Act, referred to in subsec. (a)(3), is section 7(a) of act Mar. 3, 1919, ch. 100, 40 Stat. 1309, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. ------DocID 39326 Document 226 of 536------ -CITE- 31 USC Sec. 3111 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3111. New issue used to buy, redeem, or refund outstanding obligations -STATUTE- An obligation may be issued under this chapter to buy, redeem, or refund, at or before maturity, outstanding bonds, notes, certificates of indebtedness, Treasury bills, or savings certificates of the United States Government. Under regulations of the Secretary of the Treasury, money received from the sale of an obligation and other money in the general fund of the Treasury may be used in making the purchases, redemptions, or refunds. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 942.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3111 31:754a. Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 19; added Jan. 30, 1934, ch. 6, Sec. 14(a)(4), 48 Stat. 343; restated Mar. 28, 1942, ch. 205, Sec. 4, 56 Stat. 189. ------------------------------- The words 'regulations of' are substituted for 'rules, regulations, terms, and conditions . . . may prescribe' to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3102, 3103, 3104, 3105, 3106, 3109 of this title. ------DocID 39327 Document 227 of 536------ -CITE- 31 USC Sec. 3112 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3112. Sinking fund for retiring and cancelling bonds and notes -STATUTE- (a) The Department of the Treasury has a sinking fund for retiring bonds and notes issued under this chapter. Amounts in the fund are appropriated for payment of bonds and notes at maturity or for their redemption or purchase before maturity by the Secretary of the Treasury. The fund is available until all the bonds and notes are retired. (b) For each fiscal year, an amount is appropriated equal to - (1) the interest that would have been payable during the fiscal year for which the appropriation is made on the bonds and notes bought, redeemed, or paid out of the fund during that or prior years; (2) 2.5 percent of the total amount of bonds and notes issued under the First Liberty Bond Act, the Second Liberty Bond Act, the Third Liberty Bond Act, the Fourth Liberty Bond Act, and the Victory Liberty Loan Act and outstanding on July 1, 1920, less an amount equal to the par amount of obligations of governments of foreign countries that the United States Government held on July 1, 1920; and (3) 2.5 percent of the total amount expended after June 29, 1933, from appropriations made or authorized in sections 301 and 302 of the Emergency Relief and Construction Act of 1932. (c) The Secretary may prescribe the price and conditions for paying, redeeming, and buying bonds and notes under this section. The average cost of bonds and notes bought under this section may not be more than par value and accrued interest. Bonds and notes bought, redeemed, or paid out of the sinking fund must be canceled and retired and may not be reissued. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 943.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3112(a) 31:767(less 2d Mar. 3, 1919, ch. sentence related to 100, Sec. 6, 40 price, terms, and Stat. 1311; Mar. 2, conditions, 3d, 4th 1923, ch. 179, 42 sentences). Stat. 1427; May 29, 1928, ch. 901, Sec. 1(21), 45 Stat. 987; Jan. 30, 1934, ch. 6, Sec. 14(b), 48 Stat. 344. 3112(b) 31:767(last sentence). 31:767b. Mar. 3, 1933, ch. 212, Sec. 1(last par. on p. 1492), 47 Stat. 1492; Mar. 15, 1934, ch. 70, Sec. 1(2d complete par. on p. 428), 48 Stat. 428. 3112(c) 31:767(2d sentence related to price, terms, and conditions, 3d, 4th sentences). ------------------------------- In subsection (a), the word 'cumulative' is omitted as surplus. The words 'under this chapter' are substituted for 'under the First Liberty Bond Act, the Second Liberty Bond Act, the Third Liberty Bond Act, the Fourth Liberty Bond Act, or under this Act, and outstanding on July 1, 1920, and of bonds and notes thereafter issued, under any of such Acts or under any of such Acts as amended' to eliminate unnecessary words, reference to laws that have been executed, and to reflect consolidation of the public debt authority in the revised chapter. The words 'and all additions thereto' are omitted as surplus. Subsection (b)(1) and (2) is substituted for 31:767(last sentence) to eliminate unnecessary words. In subsection (b)(3), the text of 31:767b(related to 31:767a) is omitted as obsolete. In subsection (c), the word 'conditions' is substituted for 'terms and conditions' because it is inclusive. -REFTEXT- REFERENCES IN TEXT The First Liberty Bond Act, referred to in subsec. (b)(2), is act Apr. 24, 1917, ch. 4, 40 Stat. 35, which enacted sections 746, 755, 755a, 759, 764, 774, and 804 of former Title 31 and section 462a of Title 12, Banks and Banking, and amended sections 745 and 768 of former Title 31, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. The Second Liberty Bond Act, referred to in subsec. (b)(2), is act Sept. 24, 1917, ch. 56, 40 Stat. 288, as amended, which enacted sections 747, 752 to 754b, 757, 757b, 757c to 757e, 758, 760, 765, 766, 771, 773, and 801 and amended sections 745, 764, 769, and 774 of former Title 31, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. The Third Liberty Bond Act, referred to in subsec. (b)(2), is act Apr. 4, 1918, ch. 44, 40 Stat. 502, which enacted sections 765, 766, and 774 and amended sections 752, 752a, 754, and 771 of former Title 31, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. The Fourth Liberty Bond Act, referred to in subsec. (b)(2), is act July 9, 1918, ch. 142, 40 Stat. 844, which enacted sections 750 and 772 and amended sections 752 and 774 of former Title 31, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. The Victory Liberty Loan Act, referred to in subsec. (b)(2), is act Mar. 3, 1919, ch. 100, 40 Stat. 1309, which enacted sections 749, 753, 763, 767, 802, and 803 and amended sections 750, 754, and 774 of former Title 31 and section 343 of Title 15, Commerce and Trade, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. Sections 301 and 302 of the Emergency Relief and Construction Act of 1932, referred to in subsec. (b)(3), are sections 301 and 302 of act July 21, 1932, ch. 520, 47 Stat. 709, which are not classified to the Code. ------DocID 39328 Document 228 of 536------ -CITE- 31 USC Sec. 3113 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 3113. Accepting gifts -STATUTE- (a) To provide the people of the United States with an opportunity to make gifts to the United States Government to be used to reduce the public debt - (1) the Secretary of the Treasury may accept for the Government a gift of - (A) money made only on the condition that it be used to reduce the public debt; (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; and (C) other intangible personal property made only on the condition that the property is sold and the proceeds from the sale used to reduce the public debt; and (2) the Administrator of General Services may accept for the Government a gift of tangible property made only on the condition that it be sold and the proceeds from the sale be used to reduce the public debt. (b) The Secretary and the Administrator each may reject a gift under this section when the rejection is in the interest of the Government. (c) The Secretary and the Administrator shall convert a gift either of them accepts under subsection (a)(1)(C) or (2) of this section to money on the best terms available. If a gift accepted under subsection (a) of this section is subject to a gift or inheritance tax, the Secretary or the Administrator may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. (d) The Treasury has an account into which money received as gifts and proceeds from the sale or redemption of gifts under this section shall be deposited. The Secretary shall use the money in the account to pay at maturity, or to redeem or buy before maturity, an obligation of the Government included in the public debt. An obligation of the Government that is paid, redeemed, or bought with money from the account shall be canceled and retired and may not be reissued. Money deposited in the account is appropriated and may be expended to carry out this section. (e)(1) The Secretary shall redeem a direct obligation of the Government bearing interest or sold on a discount basis on receiving it when the obligation - (A) is given to the Government; (B) becomes the property of the Government under the conditions of a trust; or (C) is payable on the death of the owner to the Government (or to an officer of the Government in the officer's official capacity). (2) If the gift or transfer to the Government is subject to a gift or inheritance tax, the Secretary shall pay the tax out of the proceeds of redemption. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 943.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3113(a) 31:901(less June 27, 1961, Pub. (b)(proviso)). L. 87-58, 75 Stat. 119. 3113(b) 31:901(b)(proviso). 3113(c) 31:902, 903. 3113(d) 31:904. 3113(e) 31:757e. Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 24; added Apr. 3, 1945, ch. 51, Sec. 4, 59 Stat. 48. ------------------------------- In subsection (a), before clause (1), the words 'In order' are omitted as surplus. The words 'To provide' are substituted for 'to afford' for clarity. The words 'for the purpose' are omitted as unnecessary. In clauses (1) and (2), the word 'for' is substituted for 'on behalf of' for consistency. The word 'realized' is omitted as surplus. In clause (2), the word 'tangible' is substituted for 'real or personal' to eliminate unnecessary words. In subsections (b) and (c), the words 'as the case may be' are omitted as unnecessary. In subsection (c), the words 'under applicable law' are omitted as surplus. In subsection (d), the words 'on the books of' and 'special' are omitted as surplus. The words 'proceeds from the sale or redemption of gifts' are substituted for 'all money received as a result of the conversion into money of gifts of property other than money received' for clarity and consistency. In subsection (e)(1), the word 'Secretary' is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321(c) of the revised title. In clause (A), the word 'given' is substituted for 'is donated . . . is bequeathed by will' to eliminate unnecessary words. In clause (B), the word 'conditions' is substituted for 'terms' for consistency in the revised title and with other titles of the United States Code. In clause (C), the words 'by its terms' are omitted as surplus. In subsection (e)(2), the words 'under applicable law' and 'bequest' are omitted as surplus. The words 'and shall deposit the balance in the Treasury as miscellaneous receipts or as otherwise authorized by law' are omitted as surplus because of section 3302(a) of the revised title. The text of 31:757e(last sentence) is omitted because of the restatement. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 2055. ------DocID 39329 Document 229 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- SUBCHAPTER II - ADMINISTRATIVE ------DocID 39330 Document 230 of 536------ -CITE- 31 USC Sec. 3121 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3121. Procedure -STATUTE- (a) In issuing obligations under sections 3102-3104 of this title, the Secretary of the Treasury may prescribe - (1) whether an obligation is to be issued on an interest-bearing basis, a discount basis, or an interest-bearing and discount basis; (2) regulations on the conditions under which the obligation will be offered for sale, including whether it will be offered for sale on a competitive or other basis; (3) the offering price and interest rate; (4) the method of computing the interest rate; (5) the dates for paying principal and interest; (6) the form and denominations of the obligations; and (7) other conditions. (b)(1) Under conditions prescribed by the Secretary, an obligation issued under this chapter and redeemable on demand of the owner or holder may be used to pay the United States Government for taxes imposed by it. (2) An obligation of the Government issued after March 3, 1971, under law may not be redeemed before its maturity to pay a tax imposed by the Government in an amount more than the fair market value of the obligation at the time of its redemption. This paragraph does not apply to a Treasury bill issued under section 3104 of this title. (c) Under conditions prescribed by the Secretary, an obligation authorized by this chapter may be issued in exchange for an obligation of an agency whose principal and interest are unconditionally guaranteed by the Government at or before maturity. (d) Under conditions prescribed by the Secretary, the Secretary may issue registered bonds in exchange for and instead of coupon bonds that have been or may be issued. The registered bonds shall be similar in all respects to the registered bonds issued under a law authorizing the issue of coupon bonds offered for exchange. (e) A decision of the Secretary about an issue of obligations under sections 3102-3104 of this title is final. (f) The Secretary may accept voluntary services in carrying out the sale of public debt obligations. (g)(1) In this subsection, 'registration-required obligation' means an obligation except an obligation - (A) not of a type offered to the public; (B) having a maturity (at issue) of not more than one year; or (C) described in paragraph (2) of this subsection. (2) An obligation is not a registration-required obligation if - (A) there are arrangements reasonably designed to ensure that the obligation will be sold (or resold in connection with the original issue) only to a person that is not a United States person; and (B) for an obligation not in registered form - (i) interest on the obligation is payable only outside the United States and its territories and possessions; and (ii) a statement is on the face of the obligation that a United States person holding the obligation is subject to limitations under the United States income tax laws. (3) Every registration-required obligation of the Government shall be in registered form. A book entry obligation is deemed to be in registered form if the right to principal and stated interest on the obligation may be transferred only through a book entry consistent with regulations of the Secretary. (4) The Secretary shall prescribe regulations necessary to carry out this subsection when there is a nominee. (h)(1) The Secretary shall prescribe by regulation standards for the safeguarding and use of obligations issued under this chapter, and obligations otherwise issued or guaranteed as to principal or interest by the United States. Such regulations shall apply only to a depository institution that is not a government securities broker or a government securities dealer and that holds such obligations as fiduciary, custodian, or otherwise for the account of a customer and not for its own account. Such regulations shall provide for the adequate segregation of obligations so held, including obligations which are purchased or sold subject to resale or repurchase. (2) Violation of a regulation prescribed under paragraph (1) shall constitute adequate basis for the issuance of an order under section 5239(a) or (b) of the Revised Statutes (12 U.S.C. 93(a) or (b)), section 8(b) or 8(c) of the Federal Deposit Insurance Act, section 5(d)(2) or 5(d)(3) (FOOTNOTE 1) of the Home Owners' Loan Act of 1933, section 407(e) or 407(f) (FOOTNOTE 1) of the National Housing Act, or section 206(e) or 206(f) of the Federal Credit Union Act. Such an order may be issued with respect to a depository institution by its appropriate regulatory agency and with respect to a federally insured credit union by the National Credit Union Administration Board. (FOOTNOTE 1) See References in Text note below. (3) Nothing in this subsection shall be construed to affect in any way the powers of such agencies under any other provision of law. (4) The Secretary shall, prior to adopting regulations under this subsection, determine with respect to each appropriate regulatory agency and the National Credit Union Administration Board, whether its rules and standards adequately meet the purposes of regulations to be promulgated under this subsection, and if the Secretary so determines, shall exempt any depository institution subject to such rules or standards from the regulations promulgated under this subsection. (5) As used in this subsection - (A) 'depository institution' has the meaning stated in clauses (i) through (vi) of section 19(b)(1)(A) of the Federal Reserve Act and also includes a foreign bank, an agency or branch of a foreign bank, and a commercial lending company owned or controlled by a foreign bank (as such terms are defined in the International Banking Act of 1978). (B) 'government securities broker' has the meaning prescribed in section 3(a)(43) of the Securities Exchange Act of 1934. (C) 'government securities dealer' has the meaning prescribed in section 3(a)(44) of the Securities Exchange Act of 1934. (D) 'appropriate regulatory agency' has the meaning prescribed in section 3(a)(34)(G) of the Securities Exchange Act of 1934. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 944; Pub. L. 97-452, Sec. 1(9), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 99-571, title II, Sec. 201(a), Oct. 28, 1986, 100 Stat. 3222.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3121(a) 31:752(2d par. Sept. 24, 1917, ch. related to form of 56, Sec. 1(2d par. bonds). related to form of bonds), 40 Stat. 288; restated Apr. 4, 1918, ch. 44, Sec. 1, 40 Stat. 503. 31:753(a)(related to Sept. 24, 1917, ch. form of notes, 56, 40 Stat. 288, certificates of Sec. 18(a)(related indebtedness, and to form of notes, Treasury bills). certificates of indebtedness, and Treasury bills); added Mar. 3, 1919, ch. 100, Sec. 1, 40 Stat. 1310; restated Feb. 4, 1935, ch. 5, Sec. 4, 49 Stat. 20. 31:754(a)(related to Sept. 24, 1917, ch. form of 56, Sec. certificates of 5(a)(related to indebtedness and form of Treasury bills). certificates of indebtedness and Treasury bills, finality), 40 Stat. 290; restated June 17, 1929, ch. 26, 46 Stat. 20. 31:754b(a)(less last Sept. 24, 1917, ch. 12 words). 56, 40 Stat. 288, Sec. 20; added Jan. 30, 1934, ch. 6, Sec. 14(a)(4), 48 Stat 343; restated Mar. 28, 1942, ch. 205, Sec. 3, 56 Stat. 189. 31:768(words after Feb. 4, 1910, ch. semicolon). 25, Sec. 1(words after semicolon), 36 Stat. 192. 3121(b)(1) 31:754b(b). 3121(b)(2) 31:757c-4. Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 27; added Mar. 17, 1971, Pub. L. 92-5, Sec. 4(b), 85 Stat. 5. 3121(c) 31:754b(c). 3121(d) 31:739. R.S. Sec. 3706. 3121(e) 31:754(a)(related to finality). 31:754b(a)(last 12 words). 3121(f) 31:772a. June 1, 1955, ch. 119, Sec. 2, 69 Stat. 82. ------------------------------- In subsection (a)(1), the word 'combination' is omitted as surplus. In subsection (a)(2), the word 'conditions' is substituted for 'terms and conditions' because it is inclusive. In subsection (a)(3), the words 'offering' and 'interest rate' are added for clarity. In subsection (b)(1), the word 'issued' is substituted for 'authorized' for clarity. The words 'the Commissioner of Internal Revenue' are omitted because of the source provisions restated in section 321 of the revised title. In subsection (b)(2), the words 'In the case of' are omitted as surplus. The words 'under law' are substituted for 'under this Act or under any other provision of law' because they are inclusive. The words 'the terms and conditions of issue' are omitted as unnecessary. The word 'permit' is omitted as surplus. In subsection (c), the word 'conditions' is substituted for 'regulations and upon such terms' to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. The word 'agency' is substituted for 'agency or instrumentality of the United States' because of section 101 of the revised title and for consistency. In subsection (d), the word 'conditions' is substituted for 'terms and under such regulations' to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code. The words 'instead of' are substituted for 'in lieu of' for clarity. In subsection (f), the words 'in carrying out' are substituted for 'in connection with the program for' to eliminate unnecessary words. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3121(g) 31 App.:757c-5. Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 28; added Sept. 3, 1982, Pub. L. 97-248, Sec. 310(a), 96 Stat. 595. ------------------------------- In subsection (g)(1), before clause (A), the words 'Except as provided in paragraph (2)' and '(2) The term 'registration-required obligation' shall not include any obligation if' are omitted because of the restatement. Clause (C) is added for clarity. In subsection (g)(2)(B)(i), the words 'territories and' are added for consistency in the revised title and with other titles of the United States Code. In subsection (g)(3), the words '(or of any agency or instrumentality thereof)' are omitted as included in 'Government'. The words 'For purposes of subsection (a)' are omitted as surplus. The words 'is deemed to be' are substituted for 'shall be treated as' for consistency in the revised title and with other titles of the Code. In subsection (g)(4), the words 'or chain of nominees' are omitted as included in 'nominee' and because of 1:1. -REFTEXT- REFERENCES IN TEXT Section 8(b) or (c) of the Federal Deposit Insurance Act, referred to in subsec. (h)(2), is classified to section 1818(b), (c) of Title 12, Banks and Banking. Section 5(d)(2) or 5(d)(3) of the Home Owners' Loan Act of 1933, referred to in subsec. (h)(2), is classified to section 1464(d)(2), (3) of Title 12, but was amended generally by Pub. L. 101-73, title III, Sec. 301, Aug. 9, 1989, 103 Stat. 282, and no longer relates to issuance of orders. See section 1464(d)(1) of Title 12. Section 407 of the National Housing Act, referred to in subsec. (h)(2), which was classified to section 1730 of Title 12, was repealed by Pub. L. 101-73, title IV, Sec. 407, Aug. 9, 1989, 103 Stat. 363. Section 206(e) or 206(f) of the Federal Credit Union Act, referred to in subsec. (h)(2), is classified to section 1786(e), (f) of Title 12. Clauses (i) through (vi) of section 19(b)(1)(A) of the Federal Reserve Act, referred to in subsec. (h)(5)(A), are classified to cls. (i) through (vi) of section 461(b)(1)(A) of Title 12. The International Banking Act of 1978, referred to in subsec. (h)(5)(A), is Pub. L. 95-369, Sept. 17, 1978, 92 Stat. 607, which enacted sections 347d, 611a, and 3101 to 3108 of Title 12, amended sections 72, 378, 614, 615, 618, 619, 1813, 1815, 1817, 1818, 1820, 1821, 1822, 1823, 1828, 1829b, 1831b, and 1841 of Title 12, and enacted provisions set out as notes under sections 36, 247, 601, 611a, and 3101 of Title 12. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 12 and Tables. Section 3(a)(43), (44), (34)(G), of the Securities Exchange Act of 1934, referred to in subsec. (h)(5)(B) to (D), is classified to section 78c(a)(43), (44), (34)(G) of Title 15, Commerce and Trade. -MISC2- AMENDMENTS 1986 - Subsec. (h). Pub. L. 99-571 added subsec. (h). 1983 - Subsec. (g). Pub. L. 97-452 added subsec. (g). EFFECTIVE DATE OF 1986 AMENDMENT; PROMULGATION OF REGULATIONS Amendment by Pub. L. 99-571 effective 270 days after Oct. 28, 1986, except that the Secretary of the Treasury and each appropriate regulatory agency shall publish for notice and public comment within 120 days after Oct. 28, 1986, initial implementing regulations to become effective as temporary regulations 210 days after Oct. 28, 1986, and as final regulations not later than 270 days after Oct. 28, 1986, see title IV of Pub. L. 99-571, set out as an Effective Date note under section 78o-5 of Title 15, Commerce and Trade. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98-216, Sec. 4(a), (b), Feb. 14, 1984, 98 Stat. 6, 7, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(a)(1) Except as provided in paragraph (2) of this subsection, the amendment made by section 1(9) of the Act of January 12, 1983 (Public Law 97-452, 96 Stat. 2468) (amending this section), applies to an obligation issued under section 3102(a) of title 31, United States Code, after September 3, 1982. '(2) The amendment made by section 1(9) of the Act of January 12, 1983 (Public Law 97-452, 96 Stat. 2468) (amending this section), applies to an obligation issued after June 30, 1983, if - '(A) interest on the obligation is exempt from tax (decided without regard to the amendments made by section 310 of the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248, 96 Stat. 595) (enacting section 4701 of Title 26, Internal Revenue Code, section 757c-5 of former Title 31, Money and Finance, amending sections 103, 103A, 163, 165, 312, and 1232 of Title 26, and enacting a provision set out as a note under section 103 of Title 26)) under law (without regard to the identity of the holder); and '(B) the obligation was not required to be in registered form under the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (26 U.S.C. 1 et seq.) as in effect on September 2, 1982. '(b) The amendment made by section 1(9) of the Act of January 12, 1983 (Public Law 97-452, 96 Stat. 2468) (amending this section), applies to an obligation issued under section 3103(a) of title 31, United States Code, after December 31, 1982.' TRANSITIONAL AND SAVINGS PROVISIONS For transitional and savings provisions of Pub. L. 99-571, see section 301 of Pub. L. 99-571, set out as a note under section 78o-5 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3102, 3103, 3104 of this title. ------DocID 39331 Document 231 of 536------ -CITE- 31 USC Sec. 3122 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3122. Banks and trust companies as depositaries -STATUTE- (a) The Secretary of the Treasury may designate incorporated banks and trust companies as depositaries for any part of proceeds of an obligation issued under this chapter. The Secretary may prescribe the conditions under which deposits may be made under this section, including the interest rate on amounts deposited and security requirements. (b) The Secretary may designate a bank or trust company that is a depositary under subsection (a) of this section as a fiscal agent of the United States Government in selling and delivering bonds and certificates of indebtedness issued by the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 945.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3122(a) 31:753(d)(last Sept. 24, 1917, ch. sentence related to 56, 40 Stat. 288, 31:771). Sec. 18(d)(last sentence related to Sec. 8); added Mar. 3, 1919, ch. 100, Sec. 1, 40 Stat. 1309. 31:771. Sept. 24, 1917, ch. 56, Sec. 8, 40 Stat. 291; restated Apr. 4, 1918, ch. 44, Sec. 5, 40 Stat. 504; Jan. 30, 1934, ch. 6, Sec. 14(a)(2), 48 Stat. 343; Aug. 27, 1949, ch. 517, Sec. 7(b), 63 Stat. 668; Sept. 21, 1966, Pub. L. 89-597, Sec. 2(d), 80 Stat. 824. 3122(b) 31:772. July 9, 1918, ch. 142, Sec. 4, 40 Stat. 845. ------------------------------- In the section, the words 'war-savings certificates' are omitted because the authority to issue them was ended by section 2(b)(3) of the Public Debt Act of 1941 (ch. 7, 55 Stat. 7). In subsection (a), the words 'in his discretion' are omitted as surplus. The word 'obligation' is substituted for 'bonds and certificates of indebtedness, Treasury bills' for consistency and to eliminate unnecessary words. The words 'and arising from the payment of internal revenue taxes' are omitted as superseded by 26:6302(c). The word 'conditions' is substituted for 'terms and conditions' because it is inclusive. The words 'upon and' are omitted as surplus. In subsection (b), the words 'The Secretary may designate a bank or trust company that is a depositary under subsection (a) of this section' are substituted for 'Any incorporated bank or trust company designated as a depositary by the Secretary of the Treasury under the authority conferred by section 771 of this title, which gives security for such deposits as, and to amounts, by him prescribed, may, upon and subject to such terms and conditions as the Secretary of the Treasury may prescribe, act' to eliminate unnecessary words. ------DocID 39332 Document 232 of 536------ -CITE- 31 USC Sec. 3123 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3123. Payment of obligations and interest on the public debt -STATUTE- (a) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter. (b) The Secretary of the Treasury shall pay interest due or accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without a rebate of interest on the coupons. (c)(1) The Secretary may issue a bond, note, or certificate of indebtedness authorized under this chapter whose principal and interest are payable in a foreign currency stated in the bond, note, or certificate. The Secretary may dispose of the bonds, notes, and certificates at a price that is at least par value without complying with section 3102(b)-(d) of this title. (2) In determining the dollar amount of bonds, notes, and certificates of indebtedness that may be issued under this chapter, the dollar equivalent of the amount of bonds, notes, and certificates payable in a foreign currency is determined by the par of the exchange value on the date of issue of the bonds, notes, or certificates as published by the Secretary under section 5151 of this title. (3) The Secretary may designate depositaries in foreign countries in which any part of the proceeds of bonds, notes, or certificates of indebtedness payable in the foreign currency may be deposited. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 945.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3123(a) 31:731. R.S. Sec. 3693. 31:753(d)(2d Sept. 24, 1917, ch. sentence). 56, 40 Stat. 288, Sec. 18(d)(2d sentence); added Mar. 3, 1919, ch. 100, Sec. 1, 40 Stat. 1310. 31:768(words before Feb. 4, 1910, ch. semicolon). 25, Sec. 1(words before semicolon), 36 Stat. 192. 3123(b) 31:732. R.S. Sec. 3698. 31:733(words before R.S. Sec. 3699(words semicolon). before semicolon); restated Jan. 30, 1934, ch. 6, Sec. 9, 48 Stat. 341. 3123(c) 31:766. Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 16; added Apr. 4, 1918, ch. 44, Sec. 6, 40 Stat. 505; Nov. 13, 1966, Pub. L. 89-809, Sec. 401, 80 Stat. 1590. ------------------------------- In subsection (a), the words 'legal tender' are substituted for 'in coin or its equivalent' in 31:731 and 'gold coin of the present standard of value' in section 1 of the Act of Feb. 1, 1910, and section 18(d)(2d sentence) of the Second Liberty Bond Act because of section 1 of the Act of June 5, 1933 (ch. 48, 48 Stat. 113). The words 'obligations of the Government' are substituted for 31:731(1st sentence 18th-last words), 'thereof' in 31:753(d), and 31:768(1st 17 words) for clarity and consistency and to eliminate unnecessary words. The text of 31:731(last sentence) is omitted as executed. In subsection (b), the words 'cause to be', 'out of any money in the Treasury not otherwise appropriated', 'falling', 'any portion of', and 'authorized by law' in 31:732 are omitted as surplus. The text of 31:733(words between semicolon and colon) is omitted as unnecessary because of chapter 53 of the revised title. The text of 31:733(words after colon) is omitted as superseded by the Bretton Woods Agreement Act (22 U.S.C. 286 et seq.) and sections 6 and 9 of the Act of Oct. 19, 1976 (Pub. L. 94-564, 90 Stat. 2661), repealing 31:449 that provided for parity of the dollar on terms of gold and special drawing rights. In subsection (c), the word 'currency' is substituted for 'money or . . . moneys' for clarity and because of 1:1. In subsection (c)(1), the words 'but not also in United States gold coin' and 'in such manner' are omitted as surplus. In subsection (c)(2), the words 'dollar' before 'amount', and 'value', are added for clarity. The words 'estimated by the Director of the Mint, and' are omitted because of the source provisions restated in section 321(c) of the revised title. The word 'published' is substituted for 'proclaimed' for clarity. In subsection (c)(3), the words 'as he may determine' are omitted as surplus. ------DocID 39333 Document 233 of 536------ -CITE- 31 USC Sec. 3124 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3124. Exemption from taxation -STATUTE- (a) Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax, except - (1) a nondiscriminatory franchise tax or another nonproperty tax instead of a franchise tax, imposed on a corporation; and (2) an estate or inheritance tax. (b) The tax status of interest on obligations and dividends, earnings, or other income from evidences of ownership issued by the Government or an agency and the tax treatment of gain and loss from the disposition of those obligations and evidences of ownership is decided under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). An obligation that the Federal Housing Administration had agreed, under a contract made before March 1, 1941, to issue at a future date, has the tax exemption privileges provided by the authorizing law at the time of the contract. This subsection does not apply to obligations and evidences of ownership issued by the District of Columbia, a territory or possession of the United States, or a department, agency, instrumentality, or political subdivision of the District, territory, or possession. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 945; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3124(a) 31:742. R.S. Sec. 3701; Sept. 22, 1959, Pub. L. 86-346, Sec. 105(a), 73 Stat. 622. 3124(b) 31:742a. Feb. 19, 1941, ch. 7, Sec. 4, 55 Stat. 9; Mar. 28, 1942, ch. 205, Sec. 6, 56 Stat. 190; restated June 25, 1947, ch. 147, 61 Stat. 180; Sept. 22, 1959, Pub. L. 86-346, Sec. 202, 73 Stat. 624. ------------------------------- In subsection (a), before clause (1), the words 'Except as otherwise provided by law, all . . . bonds, Treasury notes, and other' are omitted as surplus. The words 'political subdivision of a State' are substituted for 'municipal or local authority' for clarity and consistency. The word 'applies' is substituted for 'extends' for clarity. The words 'directly or indirectly' are omitted as surplus. In clause (1), the word 'instead' is substituted for 'in lieu' for clarity. In subsection (b), the words 'shares, certificates, stock, or other' and 'sale or other' are omitted as surplus. The words 'The tax status of . . . and the tax treatment of . . . is decided under the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)' are substituted for 'shall not have any exemption, as such . . . shall not have any special treatment, as such, except as provided under the Internal Revenue Code of 1954' for clarity. The words 'on or after March 28, 1942' and 31:742a(a)(1st sentence words after semicolon related to the United States Maritime Commission) are omitted as executed. The last sentence is substituted for 31:742a(a)(last sentence) for clarity. The words 'any political subdivision thereof' are omitted as included in 'agency or instrumentality'. The text of 31:742a(b) and (c) is omitted as unnecessary. AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 sections 1441, 1441b, 2023, 2079, 2098; title 20 section 1087-2. ------DocID 39334 Document 234 of 536------ -CITE- 31 USC Sec. 3125 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3125. Relief for lost, stolen, destroyed, mutilated, or defaced obligations -STATUTE- (a) In this section, 'obligation' means a direct obligation of the United States Government issued under law for valuable consideration, including bonds, notes, certificates of indebtedness, Treasury bills, and interim certificates issued for an obligation. (b) The Secretary of the Treasury may provide relief for the loss, theft, destruction, mutilation, or defacement of an obligation identified by number and description. (c)(1) An indemnity bond is required as a condition of relief if the obligation is payable to bearer or assigned so as to become payable to bearer and is not proven clearly to have been destroyed. The Secretary may prescribe for the indemnity bond the form, amount, and surety or security requirements. (2) Relief for interest coupons claimed to have been attached to an obligation may be provided only if the Secretary is satisfied that the coupons have not been paid and are destroyed or will not become the basis of a valid claim against the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 946.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3125(a) 31:738a(d). July 8, 1937, ch. 444, Sec. 8(a)-(d), 50 Stat. 481; Aug. 10, 1939, ch. 665, Sec. 4, 53 Stat. 1359; Nov. 8, 1945, ch. 453, Sec. 153, 59 Stat. 574; restated May 27, 1971, Pub. L. 92- 19, 85 Stat. 74. 3125(b) 31:738a(a). 3125(c)(1) 31:738a(b). 3125(c)(2) 31:738a(c). ------------------------------- In the section, the word 'obligation' is substituted for 'security' in the defined term for consistency in the chapter and the revised title and to eliminate using the word 'security' in 2 different ways in the same section. In subsection (b), the words 'Under such regulations as he may deem necessary for the administration of this section' are omitted as unnecessary because of section 321(b) of the revised title. In subsection (c)(1), the words 'whether before, at, or after maturity' and 'in effect' are omitted as surplus. ------DocID 39335 Document 235 of 536------ -CITE- 31 USC Sec. 3126 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3126. Losses and relief from liability related to redeeming savings bonds and notes -STATUTE- (a) Under regulations prescribed by the Secretary of the Treasury, a loss resulting from a payment related to redeeming a savings bond or savings note shall be replaced out of the fund established by section 2 of the Government Losses in Shipment Act (40 U.S.C. 722). A Federal reserve bank, a paying agent allowed to make payments in redeeming a bond or note, or an officer or employee of the Department of the Treasury is relieved from liability to the United States Government for the loss when the Secretary decides that the loss did not result from the fault or negligence of the bank, paying agent, officer, or employee. The Secretary shall relieve the bank, agent, officer, or employee from liability when the Secretary decides that written notice of liability or potential liability has not been given to the bank, agent, officer, or employee by the Government within 10 years from the date of the erroneous payment. However, the Secretary may not relieve a paying agent of an assumed unconditional liability to the Government. (b) Section 3 of the Government Losses in Shipment Act (40 U.S.C. 723) (related to finality of decisions of the Secretary) applies to a decision of the Secretary made under this section. A recovery or repayment of a loss for which replacement is made out of the fund shall be credited to the fund and is available for the purposes for which the fund was established. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 946.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3126(a) 31:757c(i)(1st-4th Sept. 24, 1917, ch. sentences). 56, 40 Stat. 288, Sec. 22(i)(1st-6th sentences); added Apr. 11, 1943, ch. 52, Sec. 3, 57 Stat. 63; restated Apr. 3, 1945, ch. 51, Sec. 3, 59 Stat. 47; Sept. 22, 1959, Pub. L. 86- 346, Sec. 103, 31 Stat. 622; Oct. 17, 1968, Pub. L. 90- 595, Sec. 2, 82 Stat. 1155. 3126(b) 31:757c(i)(5th, 6th sentences). ------------------------------- In subsection (a), the words 'qualified' and 'authorized or' are omitted as surplus. The words 'officer or employee of the Department of the Treasury' are substituted for 'Treasury of the United States' and 'Treasurer' because of the source provisions restated in section 321 of the revised title and for consistency with other titles of the United States Code. The text of 31:757c(i)(3d sentence) is omitted as surplus because of 39:410. The words 'under regulations prescribed by him' are omitted as unnecessary. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 331, 3106 of this title. ------DocID 39336 Document 236 of 536------ -CITE- 31 USC Sec. 3127 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3127. Credit to officers, employees, and agents for stolen Treasury notes -STATUTE- When an officer, employee, or agent of the United States Government authorized to receive, redeem, or cancel Treasury notes receives or pays a note that was stolen and put in circulation after it had been received or redeemed by an officer, employee, or agent authorized to receive or redeem the note, the Secretary of the Treasury may allow the officer, employee, or agent receiving or paying the stolen note a credit for the amount of the note. The Secretary may allow the credit only if the Secretary is satisfied that the note was received or paid in good faith and in exercising ordinary prudence. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 947.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3127 31:740. R.S. Sec. 3707. ------------------------------- The word 'employee' is added for consistency with other titles of the United States Code. The words 'of the United States Government' are added for clarity and consistency. The word 'duly' is omitted as surplus. The words 'issued by authority of law' are omitted as unnecessary. The words 'which has subsequently thereto' are omitted as unnecessary. The words 'is satisfied' are substituted for 'upon full and satisfactory proof' to eliminate unnecessary words. ------DocID 39337 Document 237 of 536------ -CITE- 31 USC Sec. 3128 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3128. Proof of death to support payment -STATUTE- A finding of death made by an officer or employee of the United States Government authorized by law to make the finding is sufficient proof of death to allow credit in the accounts of a Federal reserve bank or accountable official of the Department of the Treasury in a case involving the transfer, exchange, reissue, redemption, or payment of obligations of the Government, including obligations guaranteed by the Government for which the Secretary of the Treasury acts as transfer agent. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 947.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3128 31:757d. Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 23; added Apr. 3, 1945, ch. 51, Sec. 4, 59 Stat. 48. ------------------------------- The words 'officer or employee' are substituted for 'official or agency' for clarity and consistency with other titles of the United States Code. The word 'Government' is added for consistency. The words 'section 1005 of Appendix to title 50' are omitted because the section was repealed by section 8(a) of the Act of Sept. 6, 1966 (Pub. L. 89-554, 80 Stat. 651). The words 'or by any other' are omitted as surplus. The words 'or by the Secretary of the Army or the Secretary of the Navy' are omitted because of 10:ch. 75. The word 'official' is substituted for 'officer' for consistency. The words 'bonds and other' are omitted as surplus. The words 'Secretary of the Treasury' are substituted for 'Treasury Department' for accuracy and consistency. ------DocID 39338 Document 238 of 536------ -CITE- 31 USC Sec. 3129 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 31 SUBCHAPTER II -HEAD- Sec. 3129. Appropriation to pay expenses -STATUTE- (a) Amounts to pay necessary expenses (including rent) for an issue of obligations authorized under this chapter are appropriated to the Secretary of the Treasury. However, the amount appropriated under this section may not be more than - (1) .2 percent of the amount of bonds and notes authorized under this chapter; (2) .1 percent of the amount of certificates of indebtedness authorized under section 3104 of this title; and (3) .1 percent of the amount of certificates of indebtedness authorized under the First Liberty Bond Act. (b) An appropriation under this section is available for obligation only through the end of the fiscal year after the fiscal year in which the issue was made. During a period for which an appropriation for a specified amount is made for expenses for which this section makes an appropriation for an unspecified amount, only the appropriation for the specified amount is available for obligation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 947.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3129 31:753(d)(last Sept. 24, 1917, ch. sentence less 56, 40 Stat. 288, related to 31:771). Sec. 18(d)(last sentence less related to Sec. 8); added Mar. 3, 1919, ch. 100, Sec. 1, 40 Stat. 1310. 31:757c(e). Sept. 24, 1917, ch. 56, 40 Stat. 288, Sec. 22(e); added Feb. 4, 1935, ch. 5, Sec. 6, 49 Stat. 21; restated Feb. 19, 1941, ch. 7, Sec. 3, 55 Stat. 8. 31:759. Apr. 24, 1917, ch. 4, Sec. 8, 40 Stat. 37; May 29, 1928, ch. 901, Sec. 1(20)(related to 40 Stat. 37), 45 Stat. 987. 31:760. Sept. 24, 1917, ch. 56, Sec. 10, 40 Stat. 292; May 29, 1928, ch. 901, Sec. 1(20)(related to 40 Stat. 292), 45 Stat. 987; June 1, 1955, ch. 119, Sec. 3, 69 Stat. 82. 31:761. June 16, 1921, ch. 23, Sec. 1(last par. last sentence under heading 'Office of the Secretary'), 42 Stat. 36. ------------------------------- In subsection (a), before clause (1), the words 'an issue of obligations authorized under this chapter' are substituted for 31:761(less proviso) to reflect consolidation of the authority for issues of obligations in the revised chapter and for consistency. The text of 31:757c(e) is omitted as unnecessary and superseded by 39:410. The words 'out of any money in the Treasury not otherwise appropriated' in 31:760 are omitted as unnecessary and for consistency. The words 'to be expended as the Secretary of the Treasury may direct' in 31:760 are omitted as surplus. In clause (1), the .2 percent limitation on expenses of bonds referred to in 31:760 is made applicable to a 'note' because of the definition of bond in 31:753(d)(last sentence). The words 'sections 735 to 738, . . . 765, . . . 773 of this title and section 84 of title 12' in 31:753(d)(last sentence) are omitted because they refer to sections previously repealed (31:735-738, 765) or obsolete (31:773, which was superseded by 39:410) and because 12:84 was amended to express the result required by the source provisions by section 10 of the Act of February 25, 1927 (ch. 191, 44 Stat. 1229). In subsection (b), the words 'appropriation for the specified amount' are substituted for 'definite appropriation', and the words 'appropriation for an unspecified amount' are substituted for 'indefinite appropriation', as being more precise. The word 'only' is substituted for 'and the indefinite appropriation shall not be available for obligation' to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT The First Liberty Bond Act, referred to in subsec. (a)(3), is act Apr. 24, 1917, ch. 4, 40 Stat. 35, which enacted sections 746, 755, 755a, 759, 764, 774, and 804 of former Title 31 and section 462a of Title 12, Banks and Banking, and amended sections 745 and 768 of former Title 31, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1072. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 723. ------DocID 39339 Document 239 of 536------ -CITE- 31 USC CHAPTER 33 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 -HEAD- CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY -MISC1- SUBCHAPTER I - DEPOSITS AND DEPOSITARIES Sec. 3301. General duties of the Secretary of the Treasury. 3302. Custodians of money. 3303. Designation of depositaries. 3304. Transfers of public money from depositaries. 3305. Audits of depositaries. SUBCHAPTER II - PAYMENTS 3321. Disbursing authority in the executive branch. 3322. Disbursing officials. 3323. Warrants. 3324. Advances. 3325. Vouchers. 3326. Waiver of requirements for warrants and advances. 3327. General authority to issue checks and other drafts. 3328. Paying checks and drafts. 3329. Withholding checks to be sent to foreign countries. 3330. Payment of Veterans' Administration checks for the benefit of individuals in foreign countries. 3331. Substitute checks. 3332. Checks payable to financial organizations designated by Government officers and employees. 3333. Relief for payments made without negligence. 3334. (FOOTNOTE 1) Cancellation and proceeds distribution of Treasury checks. (FOOTNOTE 1) Editorially supplied. Section 3334 added by Pub. L. 100-86 without corresponding amendment of chapter analysis. 3335. Timely disbursement of Federal funds. SUBCHAPTER III - MISCELLANEOUS 3341. Sale of Government warrants, checks, drafts, and obligations. 3342. Check cashing and exchange transactions. 3343. Check forgery insurance fund. AMENDMENTS 1990 - Pub. L. 101-453, Sec. 4(b), Oct. 24, 1990, 104 Stat. 1059, added item 3335. ------DocID 39340 Document 240 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER I -HEAD- SUBCHAPTER I - DEPOSITS AND DEPOSITARIES ------DocID 39341 Document 241 of 536------ -CITE- 31 USC Sec. 3301 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER I -HEAD- Sec. 3301. General duties of the Secretary of the Treasury -STATUTE- (a) The Secretary of the Treasury shall - (1) receive and keep public money; (2) take receipts for money paid out by the Secretary; (3) give receipts for money deposited in the Treasury; (4) endorse warrants for receipts for money deposited in the Treasury; (5) submit the accounts of the Secretary to the Comptroller General every 3 months, or more often if required by the Comptroller General; and (6) submit to inspection at any time by the Comptroller General of money in the possession of the Secretary. (b) Except as provided in section 3326 of this title, an acknowledgment for money deposited in the Treasury is not valid if the Secretary does not endorse a warrant as required by subsection (a)(4) of this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 948.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3301 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:147(less R.S. Sec. 305(less disbursement). disbursement). ------------------------------- In subsection (a), the words 'public money' are substituted for 'the moneys of the United States' to eliminate unnecessary words and for consistency. The words 'Secretary of the Treasury' are substituted for 'Treasurer' because of the source provisions restated in section 321(c) of the revised title. In clauses (3) and (4), the words 'deposited in the Treasury' are substituted for 'received by him' for clarity and consistency in the revised title. In clause (4), the words 'signed by the Secretary of the Treasury' are omitted as surplus. In clauses (5) and (6), the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In clause (5), the word 'submit' is substituted for 'render' for consistency. The words 'and shall transmit a copy thereof, when settled, to the Secretary of the Treasury' are omitted because of the restatement. In clause (6), the words 'Secretary of the Treasury . . . or either of them' are omitted because of the restatement. The word 'public' is added for consistency. In subsection (b), the words 'Except as provided in section 3326 of this title' are added for clarity. The words 'endorse . . . as required by subsection (a)(4) of this section' are substituted for 'so signed' for clarity and consistency. ------DocID 39342 Document 242 of 536------ -CITE- 31 USC Sec. 3302 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER I -HEAD- Sec. 3302. Custodians of money -STATUTE- (a) Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without - (1) lending the money; (2) using the money; (3) depositing the money in a bank; and (4) exchanging the money for other amounts. (b) Except as provided in section 3718(b) (FOOTNOTE 1) of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim. (FOOTNOTE 1) See References in Text note below. (c)(1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money, (FOOTNOTE 2) (FOOTNOTE 2) So in original. The comma probably should be a period. (2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1). (d) An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to which the official or agent may be entitled. (e) An official or agent of the Government having custody or possession of public money shall keep an accurate entry of each amount of public money received, transferred, and paid. (f) When authorized by the Secretary, an official or agent of the Government having custody or possession of public money, or performing other fiscal agent services, may be allowed necessary expenses to collect, keep, transfer, and pay out public money and to perform those services. However, money appropriated for those expenses may not be used to employ or pay officers and employees of the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 948; Pub. L. 97-452, Sec. 1(10), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 98-369, div. B, title VI, Sec. 2652(b)(1), July 18, 1984, 98 Stat. 1152.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3302(a) 31:521. R.S. Sec. 3639; June 6, 1972, Pub. L. 92- 310, Sec. 231(r), 86 Stat. 210. 3302(b) 31:484. R.S. Sec. 3617. 3302(c) 31:495. R.S. Sec. 3621; restated May 28, 1896, ch. 252, Sec. 5, 29 Stat. 179. 3302(d) 31:490. R.S. Sec. 3619. 3302(e) 31:525. R.S. Sec. 3643. 3302(f) 31:545. R.S. Sec. 3653; Aug. 7, 1882, ch. 433, Sec. 1(2d complete par. on p. 312), 22 Stat. 312; Jan. 22, 1925, ch. 87(2d par. under heading 'Division of Bookkeeping and Warrants'), 43 Stat. 767. 31:1023(b). June 1, 1955, ch. 119, Sec. 1(b), 69 Stat. 82. ------------------------------- In subsection (a), before clause (1), the words 'Except as provided by another law' are substituted for 'than as specially allowed by law' in 31:521 for clarity and consistency. The words 'an official or agent of the United States Government having custody or possession of public money' are substituted for 'The Treasurer of the United States, all assistant treasurers (subsequently changed to 'all depositaries designated in accordance with section 476 of this title' because of 31:476), and those performing the duties of assistant treasurer, all collectors of the customs, all surveyors of the customs, acting also as collectors, all receivers of public moneys at the several land offices, all postmasters, and all public officers of whatsoever character . . . all the public money collected by them, or otherwise at any time placed in their possession and custody' to eliminate unnecessary words and for consistency in the revised title. The words 'till the same is ordered, by the proper department or officer of the Government, to be transferred or paid out' are omitted as superseded by source provisions restated in the chapter. The text of 31:521(words after semicolon) is omitted as unnecessary because of the restatement. In subsection (b), the words 'any abatement or' are omitted as surplus. The words 'for any charge or claim' are substituted for 'on account of salary, fees, costs, charges, expenses, or claim of any description whatever', and the words 'shall deposit the money in the Treasury' are substituted for 'The gross amount of all moneys received from whatever source for the use of the United States, . . . shall be paid . . . into the Treasury', to eliminate unnecessary words. The words 'except as otherwise provided in section 487 of this title' are omitted because 31:487 is obsolete. The text of 31:484(last sentence) is omitted as superseded by title 39. In subsection (c), the word 'Secretary' is substituted for 'Treasurer' because of the source provisions restated in section 321(c) of the revised title. The balance of subsection (c) is substituted for 31:495(words before proviso) for clarity and consistency. The text of 31:495(proviso) is omitted as superseded by title 39. Subsection (d) is substituted for 31:490 for clarity and consistency. In subsection (e), the words 'official or agent having custody or possession of public money' are substituted for 'persons charged by law with the safekeeping, transfer, and disbursements of the public moneys' for consistency and to eliminate unnecessary words. The words 'other than those connected with the United States Postal Service' are omitted as superseded by title 39. In subsection (f), the word 'expressly' is omitted as surplus. The words 'official or agent having custody or possession' are substituted for 31:545(words before 21st comma) for consistency and to eliminate unnecessary words. The words 'additional . . . fireproof of chests or vaults or other necessary expenses of' are omitted as surplus. The words 'employ or pay officers and employees of the Government' are substituted for 'clerical services or payment of employees of any nature or grade' for consistency in the revised title and with other titles of the United States Code. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3302(b) 31 App.:484. Oct. 25, 1982, Pub. L. 97-365, Sec. 13(a), 96 Stat. 1757. ------------------------------- The reference to '952(g)(2)' in 31 App.:484 is incorrect and should be '952(f)(2)'. 1984 ACT (PUB. L. 98-216) Section 3618 (1st sentence related to non-military deposits) of the Revised Statutes inadvertently was omitted as a source credit for 31:3302. Table 2A of H. Rep. 97-651 (p. 298) states that the sentence was omitted as superseded by various sections of title 10. Title 10 supersedes the sentence only as it applies to military deposits. However, the language of section 3618 (1st sentence related to non-military deposits) is subsumed in the broader language of section 3617 of the Revised Statutes, the source credit for 31:3302(b). Therefore, while section 3618 (1st sentence related to non-military deposits) should be a source credit for 31:3302(b), it is not necessary that the language of the sentence be restated. -REFTEXT- REFERENCES IN TEXT Section 3718(b) of this title, referred to in subsec. (b), was temporarily redesignated section 3718(d) of this title by Pub. L. 99-578, Sec. 1(1), Oct. 28, 1986, 100 Stat. 3305. -MISC2- AMENDMENTS 1984 - Subsec. (c). Pub. L. 98-369 designated existing provisions as par. (1), struck out ', but not later than the 30th day after the custodian receives the money,' after 'without delay' and inserted 'Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money,', and added par. (2). 1983 - Subsec. (b). Pub. L. 97-452 inserted exception relating to section 3718(b) of this title. EFFECTIVE DATE OF 1984 AMENDMENT Section 2652(b)(2) of Pub. L. 98-369 provided that: 'The amendments made by this subsection (amending this section) shall become effective January 1, 1985.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 327, 3322, 3718, 3720, 5132 of this title; title 8 section 1330; title 10 sections 114, 423, 7605; title 12 section 4241; title 15 section 2514; title 18 section 1963; title 19 section 2081; title 22 sections 1475e, 4226; title 26 section 7608; title 28 section 1921; title 38 section 1820; title 42 sections 2169, 5812, 7651o; title 43 section 1338a. ------DocID 39343 Document 243 of 536------ -CITE- 31 USC Sec. 3303 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER I -HEAD- Sec. 3303. Designation of depositaries -STATUTE- (a) The Secretary of the Treasury designates depositaries of money as provided in this section and under other law. (b) When necessary to carry out the business of the United States Government and under conditions the Secretary decides are necessary, the Secretary may designate depositaries in foreign countries and in territories and possessions of the United States to receive deposits of public money. The Secretary shall give preference to United States financial institutions the Secretary decides are safe and able to give the service required. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3303(a) (no source). 3303(b) 31:473. June 19, 1922, ch. 228, 42 Stat. 662. ------------------------------- Subsection (a) is added to inform the reader that there are numerous other laws providing for the designation of depositaries. These other laws are scattered throughout the titles of the United States Code. In subsection (b), the words 'carry out' are substituted for 'transaction' for consistency. The words 'terms and . . . as to security and otherwise' and 'of public moneys' are omitted as surplus. The words 'territories and possessions of the United States' are substituted for 'Territories and insular possessions of the United States' for consistency. The words 'to receive deposits of public money' are added for clarity. ------DocID 39344 Document 244 of 536------ -CITE- 31 USC Sec. 3304 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER I -HEAD- Sec. 3304. Transfers of public money from depositaries -STATUTE- The Secretary of the Treasury may transfer public money in the possession of a depositary - (1) to the Treasury; and (2) if the Secretary believes the safety of the public money and convenience require it, to another depositary. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3304 31:522. R.S. Sec. 3640. ------------------------------- In the section, before clause (1), the words 'except as provided in section 523 of this title' are omitted as superseded by title 39. The words 'of the United States, to the credit of the Treasurer' are omitted as unnecessary. In clause (2), the words 'if the Secretary believes the safety of the public money and convenience require it' are substituted for 'as the safety of the public moneys and the convenience of the public service shall seem to him to require' for clarity and to eliminate unnecessary words. ------DocID 39345 Document 245 of 536------ -CITE- 31 USC Sec. 3305 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER I -HEAD- Sec. 3305. Audits of depositaries -STATUTE- The Secretary of the Treasury, or an officer, employee, or agent designated by the Secretary, may audit a depositary of public money. For uniformity and accuracy in accounts and safety of public money, an individual conducting an audit shall audit a depositary's - (1) books; (2) accounts; (3) returns; and (4) public money on hand and the way the money is kept. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3305 31:548. R.S. Sec. 3649. ------------------------------- In the section, before clause (1), the words 'or an officer, employee, or agent designated by the Secretary' are substituted for 'and for that purpose to appoint special agents, as occasion may require' for clarity and consistency. The words 'may audit a depositary of public money' are substituted for 'is authorized to cause examinations to be made of the books, accounts and money on hand, of the several depositaries' to eliminate unnecessary words and for consistency. The words 'with such compensation, not exceeding $6 per day and traveling expenses, as he may think reasonable, to be fixed and declared at the time of each appointment' are omitted as superseded by 5:3109 and ch. 57. The words 'be instructed to' and 'as well' are omitted as surplus. ------DocID 39346 Document 246 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- SUBCHAPTER II - PAYMENTS ------DocID 39347 Document 247 of 536------ -CITE- 31 USC Sec. 3321 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3321. Disbursing authority in the executive branch -STATUTE- (a) Except as provided in this section or another law, only officers and employees of the Department of the Treasury designated by the Secretary of the Treasury as disbursing officials may disburse public money available for expenditure by an executive agency. (b) For economy and efficiency, the Secretary may delegate the authority to disburse public money to officers and employees of other executive agencies. (c) The head of each of the following executive agencies shall designate personnel of the agency as disbursing officials to disburse public money available for expenditure by the agency: (1) United States Marshal's Office. (2) military departments of the Department of Defense (except for disbursements for departmental pay and expenses in the District of Columbia). (d) On request of the Secretary and with the approval of the head of an executive agency referred to in subsection (c) of this section, facilities of the agency may be used to assist in disbursing public money available for expenditure by another executive agency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3321(a), (b) 5:901(note). Exec. Order No. 6166, June 10, 1933, Sec. 4. 3321(c), (d) 31:492-1. R.S. Sec. 176; Sept. 6, 1966, Pub. L. 89- 554, Sec. 8(a), 80 Stat. 632; June 6, 1972, Pub. L. 92- 310, Sec. 231(a), 86 Stat. 209. 5 App. Reorg. Plan No. 4 of 1940, eff. June 30, 1940, Sec. 3, 4, 54 Stat. 1234. Exec. Order No. 6728, May 29, 1934. ------------------------------- The section uses the defined term 'executive agency' in section 102 of the revised title because the source provisions of this section are from a reorganization plan and executive orders that apply only to departments, agencies, and instrumentalities of the executive branch of the United States Government. In subsections (a) and (b), the words 'Secretary of the Treasury' and 'Secretary' are substituted for references to the Division of Disbursement and a Chief Disbursing Officer because of the source provisions restated in section 321(c) of the revised title. The words 'public money' are substituted for 'moneys of the United States' for consistency with the other source provisions restated in the section and for consistency in the chapter. Subsection (a) is substituted for section 4(1st paragraph) of Executive Order No. 6166 to omit executed words. In subsection (b), the words 'may require' and 'as the interests of' are omitted as unnecessary. The words 'to establish local offices' are omitted because of the authority of the Secretary of the Treasury as the head of the Department of the Treasury and the authority of the Secretary under section 321 of the revised title. The text of section 4(last paragraph) is omitted as superseded by section 3325 of the revised title. In subsection (c), the text of 31:492-1(1st sentence) is applied only to the listed agencies because of subsection (a) and Executive Order 6728. The text of 31:492-1(last sentence) is omitted as superseded by section 2 of Reorganization Plan No. 18 of 1950 (eff. July 1, 1950, 64 Stat. 1270) and by 40:490. In clause (1), the words after 'disbursement by United States marshals' and before the last proviso in section 3 of Reorganization Plan No. 4 of 1940 (eff. June 30, 1940, 54 Stat. 1234) are omitted as unnecessary because of 28:571 and sections 3512(a)-(c) and 3513(a) of the revised title. In clause (2), the word 'pay' is substituted for 'salaries' in Executive Order No. 6728 for consistency in the revised title and with other titles of the United States Code. The words 'including the Marine Corps' are omitted as being included in 'military departments'. The words 'Panama Canal' are omitted because of the Panama Canal Treaty of 1977. The first proviso is omitted as unnecessary because of sections 3512 and 3513 of the revised title. Section 4 of Reorganization Plan No. 4 of 1940 is omitted because (1) the Post Office Department was abolished by the 1970 restatement of title 39, with all authority of the former Postmaster General being placed in the new United States Postal Service, (2) under 39:410 and 3604, the Postal Service and the Postal Rate Commission were exempt from all provisions of law related to budget and funds, and (3) the Postal Savings System and its Board of Trustees were abolished under section 5 of the Act of March 28, 1942 (ch. 205, 56 Stat. 189). ------DocID 39348 Document 248 of 536------ -CITE- 31 USC Sec. 3322 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3322. Disbursing officials -STATUTE- (a) The Secretary of the Treasury shall transfer public money to a disbursing official only by draft or warrant written on the Treasury. Except as provided in subsection (b) of this section, a disbursing official shall - (1) deposit public money as required by section 3302 of this title; and (2) draw public money from the Treasury or a depositary only - (A) as necessary to make payments; and (B) payable to persons to whom payment is to be made. (b) In a place without a depositary, the Secretary, on deciding it is essential to the public interest, may authorize specially in writing that public money be - (1) deposited in any other public depositary; or (2) kept in another manner under regulations the Secretary decides are the safest and most effective in making a payment to a public creditor easier. (c) A disbursing official is not liable for an overpayment provided under a United States Government bill of lading or transportation request when the overpayment is caused by the - (1) use of improper transportation rates or classifications; or (2) failure to deduct the proper amount under - (A) a land grant law; or (B) an equalization or other agreement. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950; Pub. L. 98-216, Sec. 1(3), Feb. 14, 1984, 98 Stat. 3.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3322(a) 31:492(a). R.S. Sec. 3620(a); Feb. 27, 1877, ch. 69(7th complete par. on p. 249), 19 Stat. 249; Aug. 28, 1965, Pub. L. 89- 145, Sec. 1(1), 79 Stat. 582. 3322(b) 31:82g(related to June 1, 1942, ch. disbursing 320(related to officers). disbursing officers), 56 Stat. 306. ------------------------------- In the section, the words 'disbursing official' are substituted for 'disbursing officer' for consistency in the revised title. In subsection (a), before clause (1), the words 'Secretary of the Treasury' are substituted for 'Treasurer of the United States' because of the source provisions restated in section 321(c) of the revised title. The words 'or an assistant treasurer of the United States' in section 3620(a) of the Revised Statutes are omitted as obsolete because of the 1st-4th pars. under the heading 'Independent Treasury' in the Act of May 29, 1920 (ch. 214, 41 Stat. 654). In clause (1), the words 'as required by section 3302 of this title' are substituted for 'with the Treasurer or some one of the assistant treasurers of the United States (subsequently changed to 'or with one of the depositaries of the United States mentioned in section 476 of this title')' because of 31:476. In clause (2), the words 'in pursuance of law' are omitted as surplus. The text of 31:492(a)(last sentence) is omitted because of section 3323(a) of the revised title. In subsection (b), before clause (1), the words 'On and after June 1, 1942' are omitted as executed. The words 'of the United States' are omitted as unnecessary. The words 'for transportation' are omitted as surplus. 1984 ACT This is necessary because section 3620(a) (last sentence) of the Revised Statutes inadvertently was omitted from the codification of title 31 by section 1 of the Act of September 13, 1982 (Pub. L. 97-258, 96 Stat. 877). In subsection (a), before clause (1), the words 'Except as provided in subsection (b) of this section' are added because of the restatement. In subsection (b), before clause (1), the word 'however' is omitted as surplus. The words 'treasurer or' are omitted as obsolete because of the 1st-4th pars. under the heading 'Independent Treasury' in the Act of May 29, 1920 (ch. 214, 41 Stat. 654). In clause (2), the words 'rules and' are omitted as surplus. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-216 amended subsec. (a) generally, substituting 'Except as provided in subsection (b) of this section, a' for 'A' in second sentence. Subsecs. (b), (c). Pub. L. 98-216 added subsec. (b) and redesignated former subsec. (b) as (c). EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section 4(c) of Pub. L. 98-216, set out as a note under section 490 of Title 18, Crimes and Criminal Procedure. ------DocID 39349 Document 249 of 536------ -CITE- 31 USC Sec. 3323 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3323. Warrants -STATUTE- (a) Except as provided in section 3326 of this title, the Secretary of the Treasury may pay out money only against a warrant. A warrant shall be - (1) authorized by law; (2) signed by the Secretary; and (3) countersigned by the Comptroller General. (b)(1) A disbursing official shall send to the Secretary with a warrant a certificate under section 3526 of this title, or a requisition for an advance. The certificate or requisition shall state the appropriation to which the payment is to be charged. (2) The Secretary shall return the certificate or requisition to the Comptroller General with the date and amount endorsed on the certificate or requisition. (c) A requisition for the payment of money on an audited account or for depositing money in the Treasury is not required. (d) The Secretary and the Comptroller General shall charge to the appropriate appropriation in their books any money paid by a warrant. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3323(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:76(2d sentence July 31, 1894, ch. words before 3d 174, Sec. 11(2d, 3d comma). sentences), 28 Stat. 209. 31:147(related to R.S. Sec. disbursement). 305(related to disbursement); July 31, 1894, ch. 174, Sec. 11(last sentence related to Sec. 305), 28 Stat. 209. 3323(b) 31:76(2d sentence words after 3d comma). 3323(c) 31:76(3d sentence). 3323(d) 31:44(1st sentence). 31:77. R.S. Sec. 3675. ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. Subsection (a) is substituted for 31:76(2d sentence words before 3d comma) and 147(related to disbursement) to eliminate unnecessary words and for clarity and consistency. In subsection (b), the word 'Secretary' is substituted for 'Treasurer' because of the source provisions restated in section 321 of the revised title. In subsection (b)(1), the words 'instead of being specified on the warrant' are omitted as surplus. The reference to 'section 3526 of this title' is used because section 72, referred to in 31:76, has been omitted from the restatement superseded by 31:82i and 31:82i is restated in section 3526. In subsection (c), the word 'depositing' is substituted for 'covering' for clarity and consistency. ------DocID 39350 Document 250 of 536------ -CITE- 31 USC Sec. 3324 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3324. Advances -STATUTE- (a) Except as provided in this section, a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. (b) An advance of public money may be made only if it is authorized by - (1) a specific appropriation or other law; or (2) the President to be made to - (A) a disbursing official if the President decides the advance is necessary to carry out - (i) the duties of the official promptly and faithfully; and (ii) an obligation of the Government; or (B) an individual serving in the armed forces at a distant station if the President decides the advance is necessary to disburse regularly pay and allowances. (c) Before the Secretary of the Treasury acts on a requisition for an advance, the Comptroller General shall act on the requisition under section 3522 of this title. The Comptroller General does not countersign a requisition for an advance. (d) The head of an agency may pay in advance from appropriations available for the purpose - (1) to the Secretary of the Army, charges for messages sent by the Secretary of the Army for the head of the agency, including charges for - (A) payment of tolls of commercial carriers; (B) leasing facilities for sending messages; and (C) installing and maintaining facilities for sending messages; and (2) charges for a publication printed or recorded in any way for the auditory or visual use of the agency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3324(a) 31:529(2d sentence). R.S. Sec. 3648; Aug. 2, 1946, ch. 744, Sec. 11, 60 Stat. 809. 3324(b) 31:529(1st, 3d, last sentences). 3324(c) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:76(1st, last July 31, 1894, ch. sentences). 174, Sec. 11(1st, 4th sentences), 28 Stat. 209. 3324(d) 31:530a. June 12, 1930, ch. 470, Sec. 1, 46 Stat. 580; July 20, 1961, Pub. L. 87- 91, Sec. 1, 75 Stat. 211. 31:530b. June 12, 1930, ch. 470, 46 Stat. 580, Sec. 2; added Dec. 22, 1974, Pub. L. 93-534, 88 Stat. 1731. 31:686-2. Apr. 15, 1926, ch. 146, Sec. 101(proviso on p. 267), 44 Stat. 267. ------------------------------- In subsection (a), the words 'Except as provided in this section' are added for clarity. The words 'already provided' and 'already delivered' are substituted for 'rendered . . . delivered previously to such payment' for clarity and consistency. In subsection (b), before clause (1), the words 'in any case' and 'It shall, however, be lawful under the special direction of' are omitted as surplus. In clause (2)(A)(i), the word 'official' is substituted for 'officer' for consistency in the revised title. The words 'of the Government' are omitted as surplus. Clause (2)(A)(ii) is substituted for 'the public engagements' for clarity. In clause (2)(B), the word 'individual' is substituted for 'persons' for consistency. The words 'armed forces' are substituted for 'military and naval service' for consistency with title 10. The words 'and proper' are omitted as unnecessary. The words 'disburse regularly pay and allowances' are substituted for 'discharge of the pay and emoluments to which they may be entitled cannot be regularly effected' to eliminate unnecessary words, for clarity, and for consistency with title 37. In subsection (c), the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (d), before clause (1), the words 'On and after April 15, 1926' in 31:686-2 are omitted as executed. The word 'agency' is substituted for 'department or establishment' because of section 101 of the revised title and for consistency. The words 'may pay in advance from appropriations available for the purpose' are substituted for 'may transfer in advance . . . such amounts as may be necessary to defray the expense of' for clarity and consistency. In clause (1), the words 'Secretary of the Army' are substituted for 'Signal Corps of the Army' because of 10:3012. The title of Secretary of War was changed to Secretary of the Army, and the Department of War was designated the Department of the Army by section 205(a) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501), and by sections 1 and 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 157, 676). Clause (2) is substituted for 31:530a and 530b to eliminate unnecessary words. The words 'or the municipal government of the District of Columbia' are omitted because of sections 441-445 and 736 of the Act of December 24, 1973 (Pub. L. 93-198, 87 Stat. 798, 823). EXEMPTION OF FUNCTIONS Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of Title 22, Foreign Relations and Intercourse. INTERNATIONAL REFUGEE ORGANIZATION Funds available for expenditure without regard to this section, see section 289c of Title 22, Foreign Relations and Intercourse. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 781, 3726 of this title; title 2 section 475; title 5 sections 3381, 4109, 5923, 5924; title 7 sections 427i, 1624, 3318; title 10 sections 2127, 2239, 2371, 2388, 2852, 6154, 7522; title 12 sections 1701c, 1701z-2, 3012; title 15 sections 196, 634, 2056, 2451, 2609, 2626; title 16 sections 460l-1, 565a-1, 581i-1, 1645, 2107; title 18 sections 4109, 4204; title 19 sections 2076, 2080, 2081; title 20 sections 959, 1221e-3, 2012, 2106, 4414, 4513; title 21 sections 360j, 360ii; title 22 sections 287e-1, 289c, 294, 2103, 2179; title 25 section 3115; title 26 section 7608; title 28 section 995; title 29 section 1774; title 33 section 1254; title 37 section 1006; title 38 section 4313; title 40 section 462; title 42 sections 242m, 254b, 254l, 285a-2, 285b-3, 290bb, 292f, 294z, 295g-10, 296k, 299c-3, 300c-22, 300u, 300cc-41, 1870, 2473, 3105, 4101, 4372, 7403, 7404; title 49 App. sections 1353, 1603, 1604; title 50 sections 491, 502, 522; title 50 App. section 1918. ------DocID 39351 Document 251 of 536------ -CITE- 31 USC Sec. 3325 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3325. Vouchers -STATUTE- (a) A disbursing official in the executive branch of the United States Government shall - (1) disburse money only as provided by a voucher certified by - (A) the head of the executive agency concerned; or (B) an officer or employee of the executive agency having written authorization from the head of the agency to certify vouchers; (2) examine a voucher if necessary to decide if it is - (A) in proper form; (B) certified and approved; and (C) computed correctly on the facts certified; and (3) except for the correctness of computations on a voucher, be held accountable for carrying out clauses (1) and (2) of this subsection. (b) Subsection (a) of this section does not apply to disbursements of a military department of the Department of Defense, except for disbursements for departmental pay and expenses in the District of Columbia. (c) On request, the Secretary of the Treasury may provide to the appropriate officer or employee of the United States Government a list of persons receiving periodic payments from the Government. When certified and in proper form, the list may be used as a voucher on which the Secretary may disburse money. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 951.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3325(a) 31:82b. Dec. 29, 1941, ch. 641, Sec. 1, 4(related to Sec. 1), 55 Stat. 875, 876. 31:82f(related to Apr. 28, 1942, ch. disbursing 247, Sec. 301(1st officers). par. proviso under heading 'Bureau of Accounts' related to disbursing officers), 56 Stat. 244. 3325(b) 31:82e(related to 31:82b). 3325(c) 31:82a. May 14, 1937, ch. 180, Sec. 1(2d par. last proviso on p. 140), 50 Stat. 140. ------------------------------- In subsection (a), before clause (1), the words 'Notwithstanding the provisions of section 82 of this title, and section 4 of Executive Order Numbered 6166, dated June 10, 1933' in 31:82b are omitted as unnecessary. In clause (1), the word 'duly' is omitted as surplus. In clause (1)(A) and (B), the words 'executive agency' are substituted for 'department, establishment or agency concerned' because of section 102 of the revised title and for consistency. In clause (2)(C), the words 'basis of the' are omitted as surplus. In clause (3), the words 'for carrying out clauses (1) and (2) of this subsection' are substituted for 'accordingly' for clarity. In subsection (b), the words 'under the jurisdiction' are omitted as surplus. The words 'a military department of the Department of Defense' are substituted for 'the Department of the Army, the Navy Department (including the Marine Corps)' for consistency with title 10. The words 'and the Panama Canal' (subsequently changed to 'the Canal Zone Government' by section 2(a)(1) of the Act of September 26, 1950 (ch. 1049, 64 Stat. 1038)) are omitted because of 22:ch. 51. The word 'pay' is substituted for 'salaries' for consistency in the revised title and with other titles of the United States Code. In subsection (c), the words 'On and after May 14, 1937' are omitted as executed. The words 'Secretary of the Treasury' are substituted for 'Division of Disbursement, Treasury Department' in section 1(last proviso of 2d par. on p. 140) of the Act of May 14, 1937, because of section 1(a) of Reorganization Plan No. III of 1940 (eff. June 30, 1940, 54 Stat. 1231) and section 321(c) of the revised title. The word 'appropriate' is added for clarity. The words 'officer or employee of the United States Government' are substituted for 'administrative officers' for consistency in the revised title and with other titles of the United States Code. The words 'addressographed or stenciled' and 'administratively revised and' are omitted as surplus. The words 'disburse public money' are substituted for 'make payment' for consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3528 of this title. ------DocID 39352 Document 252 of 536------ -CITE- 31 USC Sec. 3326 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3326. Waiver of requirements for warrants and advances -STATUTE- (a) When the Secretary of the Treasury and the Comptroller General decide that, with sufficient safeguards, existing procedures may be changed to simplify, improve, and economize the control and accounting of public money, they may prescribe joint regulations for waiving any part of the requirements in effect on September 12, 1950, that - (1) warrants be issued and countersigned for the receipt, retention, and disbursement of public money and trust funds; and (2) amounts be requisitioned and advanced to accountable officials. (b) Regulations of the Secretary and the Comptroller General may provide for the payment of vouchers by authorized disbursing officials by checks drawn on the general fund of the Treasury. However, the regulations shall provide for appropriate action (including suspension or withdrawal of authority to make payments) against a delinquent disbursing official for any reason related to the official's accounts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 951.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3326(a) 31:66c(a). Sept. 12, 1950, ch. 946, Sec. 115, 64 Stat. 837. 3326(b) 31:66c(b). ------------------------------- In subsection (a), before clause (1), the words 'in effect on September 12, 1950' are substituted for 'existing' for clarity. In clause (2), the words 'under each separate appropriation head or otherwise' are omitted as surplus. In subsection (b), the word 'official' is substituted for 'officers' for consistency. The word 'Treasury' is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words 'in the rendition of their accounts or for other' and 'under necessary circumstances' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3301, 3323 of this title. ------DocID 39353 Document 253 of 536------ -CITE- 31 USC Sec. 3327 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3327. General authority to issue checks and other drafts -STATUTE- The Secretary of the Treasury may issue a check or other draft on public money in the Treasury to pay an obligation of the United States Government. When the Secretary decides it is convenient to a public creditor and in the public interest, the Secretary may designate a depositary to issue a check or other draft on public money held by the depositary to pay an obligation of the Government. As directed by the Secretary, each depositary shall report to the Secretary on public money paid and received by the depositary. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 952.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3327 31:526. R.S. Sec. 3644. ------------------------------- The words 'Secretary of the Treasury' are substituted for 'Treasurer' because of the source provisions restated in section 321(c) of the revised title. The words 'may issue a check or other draft' are substituted for 'shall be subject to the draft of' for consistency in the revised title. The words 'public money' are substituted for 'moneys' because section 10 of the Act of August 6, 1846 (ch. 90, 9 Stat. 61), from which section 3644 of the Revised Statutes is derived, used the term 'public money'. The words 'obligation of the United States Government' are substituted for 'on the public account', and the words 'may designate a depositary to issue a check or draft on public money held by the depositary to pay an obligation of the Government' are substituted for 'is authorized to draw upon any of the depositaries' for clarity and consistency. The words 'at such times and in such forms . . . shall be' are omitted as surplus. The words 'United States Postal Service' and 'Postmaster General' are omitted because of 39:410. The words 'report to the Secretary on public money paid and received by the depositary' are substituted for 'so drawn upon shall make returns to the Treasury Department' for clarity and consistency. ------DocID 39354 Document 254 of 536------ -CITE- 31 USC Sec. 3328 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3328. Paying checks and drafts -STATUTE- (a) Time Limit on Treasury Checks. - (1) In general. - Except as provided in sections 3329 and 3330 of this title - (A) the Secretary shall not be required to pay a Treasury check issued on or after the effective date of this section unless it is negotiated to a financial institution within 12 months after the date on which the check was issued; and (B) the Secretary shall not be required to pay a Treasury check issued before the effective date of this section unless it is negotiated to a financial institution within 12 months after such effective date. (2) Deferral pending settlement. - Notwithstanding the time limitations imposed by paragraph (1), if the Secretary is on notice of a question of law or fact about whether a Treasury check is properly payable when the check is presented for payment, the Secretary may defer payment on such check until the Comptroller General settles the question. (3) Nothing in this subsection shall be construed to affect the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued. (b)(1) If a check issued by a disbursing official and drawn on a designated depositary is not paid by the last day of the fiscal year after the fiscal year in which the check was issued, the amount of the check is - (A) withdrawn from the account with the depositary; and (B) deposited in the Treasury for credit to a consolidated account of the Treasury. (2) A claim for the proceeds of an unpaid check under this subsection may be paid from a consolidated account by a check drawn on the Treasury on settlement by the Comptroller General. (c) A limitation imposed on a claim against the United States Government under section 3702 of this title does not apply to an unpaid check drawn on the Treasury or a designated depositary. (d) With the approval of the Comptroller General, the Secretary may prescribe regulations the Secretary decides are necessary to carry out subsections (a)-(c) of this section. (e)(1) The Secretary shall prescribe regulations on - (A) enforcing the speedy presentation of Government drafts; (B) paying drafts, including the place of payment; and (C) paying drafts if presentment is not made as required. (2) Regulations prescribed under paragraph (1) of this subsection shall prevent, as far as may be practicable, Government drafts from being used or placed in circulation as paper currency or a medium of exchange. (f) Authority To Decline Payment. - Nothing in this section limits the authority of the Secretary to decline payment of a Treasury check after first examination thereof at the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 952; Pub. L. 100-86, title X, Sec. 1002, Aug. 10, 1987, 101 Stat. 658.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3328(a)(1) 31:132(a). July 11, 1947, ch. 222, Sec. 1, 61 Stat. 308; restated Aug. 28, 1957, Pub. L. 85-183, Sec. 1, 71 Stat. 464. 3328(a)(2) 31:134(less last 30 July 11, 1947, ch. words before 1st 222, Sec. 3, 61 proviso). Stat. 309; restated Aug. 28, 1957, Pub. L. 85-183, Sec. 2, 71 Stat. 464. 3328(b) 31:132(b). 3328(c) 31:132(c). 3328(d) 31:134(last 30 words before 1st proviso). 3328(e) 31:527 R.S. Sec. 3645. ------------------------------- In the section, the word 'Treasury' is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). In subsections (a)(1) and (b), the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsections (a)(1) and (c), the words 'heretofore or hereafter' are omitted as surplus. In subsection (a)(1), the words 'Except as provided in sections 3330 and 3331 of this title' are added for clarity. The words 'including those drawn by wholly owned and mixed-ownership Government corporations' are omitted as surplus. The words 'Secretary of the Treasury' are substituted for 'Treasurer of the United States' after 'for payment the' because of the source provisions restated in section 321(c) of the revised title. The words 'doubtful', 'for payment', and 'of such check' are omitted as surplus. In subsection (a)(2), before clause (A), the words 'When the Secretary decides it is appropriate' are substituted for 'at appropriate intervals' for clarity. In clauses (A) and (B), the words 'on the books' are omitted as surplus. In clause (A), the words 'drawn on the Treasury' are added for clarity and consistency. In clause (B), the words 'from the accounts . . . for the payment of unpaid checks . . . of the Treasury' are omitted as surplus. The words 'and to transfer to such consolidated account or accounts the balance of the special deposit account established pursuant to section 132 of this title', and the words 'any unpaid checks heretofore payable from the special deposit account', are omitted as executed because the account was established under 31:132 as originally enacted in 1947 and then abolished by the 1957 amendment to that section. The text of 31:134(1st proviso) is omitted as superseded by section 448 of the Act of December 24, 1973 (Pub. L. 93-198, 87 Stat. 801). The text of 31:134(last proviso) is omitted as executed. In subsection (b)(1), before clause (A), the words 'issued by a disbursing official' are substituted for 'drawn by authorized officers of the United States' for consistency. In clause (B), the words 'or accounts on the books' are omitted as surplus. Subsection (c) is substituted for 31:132(c) for consistency and to eliminate unnecessary words. In subsection (d), the words 'rules and' and 'or proper' are omitted as surplus. In subsection (e)(1), before clause (A), the word 'prescribe' is substituted for 'issue and publish' for consistency in the revised title and with other titles of the United States Code. In clause (B), the words 'and to prescribe the time, according to the different distances of the depositaries from the seat of Government, within which all drafts upon them, respectively, shall be presented for payment' are omitted as superseded by subsection (a) of the revised section. Clause (C) is substituted for 31:527(words between semicolons) to eliminate unnecessary words. In subsection (e)(2), the words 'and directions' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in subsec. (a)(1), probably means the effective date of subsec. (a) of this section as amended by section 1002 of Pub. L. 100-86, which is effective 6 months after Aug. 10, 1987, or on such later date as the Secretary of the Treasury may prescribe in regulations. See section 1006 of Pub. L. 100-86, set out as a note below. -MISC2- AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-86, Sec. 1002(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: '(1) Except as provided in sections 3329 and 3330 of this title, a check drawn on the Treasury may be paid at any time. However, if the Secretary of the Treasury is on notice of a question of law or fact about the check when the check is presented, the Secretary shall defer payment until the Comptroller General settles the question. '(2) When the Secretary decides it is appropriate, the Secretary may transfer - '(A) the amount of an unpaid check drawn on the Treasury from the account on which it was drawn to a consolidated account of the Treasury available for paying checks; and '(B) an amount available, but not required, for paying checks drawn on the Treasury to the appropriate receipt account.' Subsec. (f). Pub. L. 100-86, Sec. 1002(2), added subsec. (f). EFFECTIVE DATE OF 1987 AMENDMENT Section 1006 of Pub. L. 100-86 provided that: 'The amendments made by sections 1002, 1003, and 1004 (enacting section 3334 of this title and amending this section and sections 3702 and 3712 of this title) shall become effective 6 months after the date of enactment of this Act (Aug. 10, 1987) or on such later date as the Secretary of the Treasury may prescribe in regulations.' PROMULGATION OF REGULATIONS Section 1005 of Pub. L. 100-86 provided that: 'The Secretary of the Treasury may prescribe such rules, regulations, and procedures as the Secretary deems necessary to implement the amendments made by sections 1002, 1003, and 1004 (enacting section 3334 of this title and amending this section and sections 3702 and 3712 of this title), including the recertification of Treasury checks which have been canceled or for which a claim has been asserted or barred.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3334 of this title. ------DocID 39355 Document 255 of 536------ -CITE- 31 USC Sec. 3329 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3329. Withholding checks to be sent to foreign countries -STATUTE- (a) The Secretary of the Treasury shall prohibit a check or warrant drawn on public money from being sent to a foreign country from the United States or from a territory or possession of the United States when the Secretary decides that postal, transportation, or banking facilities generally, or local conditions in the foreign country, do not reasonably ensure that the payee - (1) will receive the check or warrant; and (2) will be able to negotiate it for full value. (b)(1) If a check or warrant is prohibited from being sent to a foreign country under subsection (a) of this section, the drawer shall hold the check or warrant until the end of the calendar quarter after the date of the check or warrant. (2) The Secretary may release the check or warrant for delivery during the calendar quarter after the date of the check or warrant if the Secretary decides that conditions have changed to ensure reasonably that the payee - (A) will receive the check or warrant; and (B) will be able to negotiate it for full value. (3) Unless the Secretary otherwise directs, the drawer shall send at the end of the calendar quarter after the date of the check or warrant the - (A) withheld check or warrant to the drawee; and (B) report to the Secretary on - (i) the name and address of the payee; (ii) the date, number, and amount of the check or warrant; and (iii) the account on which the check or warrant was drawn. (4) The drawee shall transfer the amount of a withheld check or warrant from the account of the drawer to the special deposit account 'Secretary of the Treasury, Proceeds of Withheld Foreign Checks'. The check or warrant shall be marked 'Paid into Withheld Foreign Check Account'. After that time, the drawee shall send all withheld checks and warrants to the Comptroller General. The Comptroller General shall credit the accounts of the drawer and drawee. (c) The Secretary may pay an amount deposited in the special account under subsection (b)(4) of this section with a check drawn on the account when - (1) a person claiming payment satisfies the Secretary of the right to the amount of the check or warrant (or satisfies the Administrator of Veterans' Affairs if the claim represents a payment under laws carried out by the Administrator); and (2) the Secretary is reasonably ensured that the person - (A) will receive the check or warrant; and (B) will be able to negotiate it for full value. (d) This section and section 3330 of this title - (1) apply to a check or warrant whose delivery may be withheld under Executive Order 8389; (2) do not affect a requirement for a license for delivering and paying a check in payment of a claim under subsection (c) of this section when a license is required by law to authorize delivery and payment; and (3) do not affect a check or warrant issued for the payment of pay or goods bought by the United States Government in a foreign country. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 953.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3329(a) 31:123(words before Oct. 9, 1940, ch. 1st proviso). 796, Sec. 1(words before 1st proviso), 54 Stat. 1086; Dec. 2, 1942, ch. 659, 56 Stat. 1028. 3329(b) 31:124(1st par.). Oct. 9, 1940, ch. 796, Sec. 2(1st par.), 3(1st par.), 4, 6, 54 Stat. 1086, 1087. 3329(c) 31:125(1st par.). 3329(d) 31:126. 31:128. ------------------------------- In the section, the words 'drawn on' are substituted for 'drawn against' for consistency in the revised chapter. The word 'actually' is omitted as surplus. In subsection (a), before clause (1), the words 'On and after October 9, 1940' are omitted as executed. The words 'drawn on public money' are substituted for 'drawn against funds of the United States, or any agency or instrumentality thereof' to eliminate unnecessary words and for consistency in the chapter. The words 'and the Commonwealth of the Philippine Islands' in section 1 of the Act of October 9, 1940, are omitted because of Proclamation No. 2695 of July 4, 1946 (60 Stat. 1352). The words 'to which such check or warrant is to be delivered' are omitted as surplus. In subsection (b)(3)(A), the words 'in accordance with the provisions of sections 123 to 128 of this title' and 'thereof' are omitted as surplus. In subsection (b)(3)(B), before subclause (i), the word 'Secretary' is substituted for 'Bureau of Accounts of the Treasury Department' because of the source provisions restated in section 321 of the revised title. The word 'fully' is omitted as surplus. In subsection (b)(4), the word 'withheld' is substituted for 'undelivered' for clarity. The words 'with the Treasurer of the United States' and the words 'of the United States' after 'Comptroller General' are omitted as unnecessary. In subsection (d)(1), the words 'is now being, or . . . hereafter' and 'as well as to all checks or warrants the delivery of which is now being withheld pursuant to administrative action, which administrative action is ratified and confirmed' in 31:126 are omitted as executed. In subsection (d)(2), the words 'do not affect a requirement for' are substituted for 'nothing in sections 123 to 128 of this title shall be construed to dispense with the necessity of' in 31:126 to eliminate unnecessary words and because of the restatement. The words 'obtaining . . . authorize' and 'is now or hereafter' are omitted as surplus. In subsection (d)(3), the words 'does not affect' are substituted for 'Nothing contained in sections 123 to 128 of this title shall be construed as affecting or applying to' in 31:128 to eliminate unnecessary words and because of the restatement. The word 'pay' is substituted for 'salaries or wages' for consistency in the revised title and with other titles of the United States Code. -CHANGE- CHANGE OF NAME Reference to Administrator of Veterans' Affairs deemed to refer to Secretary of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3328, 3330 of this title; title 38 sections 3021, 3109; title 42 section 402. ------DocID 39356 Document 256 of 536------ -CITE- 31 USC Sec. 3330 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3330. Payment of Veterans' Administration checks for the benefit of individuals in foreign countries -STATUTE- (a)(1) A check is deemed to be issued for sending to a foreign country and subject to this section and section 3329 of this title if the check is - (A) drawn on public money; (B) for benefits under laws carried out by the Administrator of Veterans' Affairs; and (C) to be sent to a person in the United States or a territory or possession of the United States, and the person is legally responsible for the care of an individual in a foreign country. (2) The Administrator shall notify the Secretary of the Treasury of each check described under paragraph (1) of this subsection. (3) The Administrator may exempt a check from paragraph (1) of this subsection if the application of paragraph (1) would reduce, discontinue, or deny benefits for the care of a dependent of an individual in a foreign country. (b) When the amount of checks (representing payments to an individual under laws carried out by the Administrator) transferred under section 3329(b)(4) of this title equals $1,000, the amounts of additional checks (except checks under contracts of insurance) payable to the individual under those laws shall be deposited in the Treasury as miscellaneous receipts. An amount transferred under section 3329(b)(4) or deposited as miscellaneous receipts is deemed to be payment for all purposes to the individual entitled to payment. (c) If the payee of a check for pension, compensation, or emergency officers' retirement pay under laws carried out by the Administrator dies while the amount of the check is in the special deposit account, the amount is payable (subject to section 3329 of this title and this section) as follows: (1) after the death of the veteran, to the surviving spouse, or, if there is no surviving spouse, to children of the veteran under 18 years of age at the time of the veteran's death. (2) after the death of the surviving spouse, to children of the spouse under 18 years of age at the time of the spouse's death. (3) after the death of an apportionee of a part of the veteran's pension, compensation, or emergency officers' retirement pay but before all of the apportioned amount is paid to the veteran, the apportioned amount not paid. (4) in any other case, only to the extent necessary to reimburse a person for burial expenses. (d)(1) A payment may be made under subsection (c) of this section only if a claim for payment is - (A) filed with the Administrator by the end of the first year after the date of the death of the individual entitled to payment; and (B) completed by submitting the necessary evidence by the 6th month after the date the Administrator requests the evidence. (2) Payment shall include only amounts due at the time of death under ratings or decisions existing at the time of the death. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 954.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3330(a) 31:123(provisos). Oct. 9, 1940, ch. 796, 54 Stat. 1086, Sec. 1(provisos); added Dec. 2, 1942, ch. 659, 56 Stat. 1028. 3330(b) 31:124(last par.). Oct. 9, 1940, ch. 796, Sec. 2(last par.), 3(last par.), 54 Stat. 1086, 1087. 3330(c), (d) 31:125(last par.). ------------------------------- In the section, the words 'laws carried out' are substituted for 'laws administered', and the words 'Administrator of Veterans' Affairs' and 'Administrator' are substituted for 'Veterans' Administration', for consistency. In subsection (a)(1), before clause (A), the word 'issued' is substituted for 'drawn' for clarity and consistency. Clause (A) is substituted for 'drawn against funds of the United States' for consistency in the chapter. In clause (C), the words 'guardian, curator, conservator, or other' are omitted as surplus. The words 'legally responsible for' are substituted for 'vested with' for clarity. In subsection (b), the words 'under section 3329(b)(4) of this title' are substituted for 'to the special deposit account' for clarity and because of the restatement. The words 'deposited in' are substituted for 'covered into' for clarity and consistency in the revised title. In subsection (c), before clause (1), the word 'accruing' is omitted as surplus. In clauses (1) and (2), the words 'surviving spouse' and 'spouse' are substituted for 'widow', and the word 'spouse's' is substituted for 'widow's', to conform to amendments made generally to title 38 by the Veterans Disability Compensation and Survivor Benefits Act of 1976 (Pub. L. 94-433, 90 Stat. 1374). In clause (1), the words 'first to' are omitted as surplus. In clause (4), the word 'only' is substituted for 'no disbursement whatsoever of such pension, compensation, or emergency officers' retirement pay shall be made or allowed except so much' to eliminate unnecessary words. In subsection (d)(1)(B), the word 'completed' is substituted for 'perfected' for clarity. In subsection (d)(2), the words 'and unpaid' are omitted as surplus. -CHANGE- CHANGE OF NAME References to Administrator of Veterans' Affairs and to Veterans' Administration deemed to refer to Secretary of Veterans Affairs and to Department of Veterans Affairs, respectively, pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3328, 3329 of this title; title 5 section 5514; title 38 sections 3021, 3109; title 42 section 402. ------DocID 39357 Document 257 of 536------ -CITE- 31 USC Sec. 3331 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3331. Substitute checks -STATUTE- (a) In this section, 'original check' - (1) means an order for the payment of money - (A) payable on demand; (B) that does not bear interest; (C) drawn by an authorized disbursing official or agent of the United States Government; and (D) the amount of which is deposited with the Treasury or another account available for payment; and (2) does not include coins and currency of the Government. (b) When the Secretary of the Treasury is satisfied that an original check is lost, stolen, destroyed in any part, or is so defaced that the value to the owner or holder is impaired, the Secretary may issue a substitute check to the owner or holder of the original check. Except as provided in subsection (c) of this section, the substitute check is payable from the amount available to pay the original check. (c) When the Secretary is satisfied that an original check drawn on a depositary in a foreign country or a territory or possession of the United States is lost, stolen, destroyed in part, or is so defaced that its value to the owner or holder is impaired, the drawer of the original check (or another official designated by the Secretary with the approval of the head of the agency on whose behalf the original check was issued) may issue to the owner or holder of the check a substitute check. The drawer or official shall issue the substitute check by the last day of the fiscal year after the fiscal year in which the original check was issued - (1) using the current date; and (2) drawn on the account of the drawer of the original check or another account available for payment of the substitute. (d) A substitute check issued under this section - (1) may be paid only if the original check has not been paid; (2) shall include information necessary to identify the original check; (3) that is drawn on the Treasury - (A) is deemed to be an original check; and (B) is paid under the same conditions as the original check; and (4) does not relieve a disbursing or certifying official from liability to the Government for payment resulting from erroneously issuing the original check. (e) Before issuing a substitute check under this section, the Secretary may require the owner or holder of the original check to agree to indemnify the Government with security in the form and amount the Secretary decides is necessary. (f) Under conditions the Secretary may prescribe, the Secretary may delegate duties and powers of the Secretary under this section to the head of an agency. Consistent with a delegation from the Secretary under this subsection, the head of an agency may delegate those duties and powers to an officer or employee of the agency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 955; Pub. L. 97-452, Sec. 1(11), Jan. 12, 1983, 96 Stat. 2468.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3331(a) 31:528(g). R.S. Sec. 3646(a)- (c), (f), (g); Feb. 16, 1885, ch. 123, 23 Stat. 306; Mar. 23, 1906, ch. 1129, 34 Stat. 84; June 19, 1906, ch. 3434, 34 Stat. 301; May 27, 1908, ch. 206(par. beginning on p. 415 amending Sec. 3646, 3647), 35 Stat. 415; Feb. 23, 1909, ch. 174, 35 Stat. 643; Mar. 21, 1916, ch. 52, 39 Stat. 37; July 8, 1937, ch. 444, Sec. 9, 50 Stat. 482; Aug. 10, 1939, ch. 665, Sec. 5-7, 53 Stat. 1359; restated Dec. 3, 1945, ch. 515, Sec. 1, 59 Stat. 592; July 11, 1947, ch. 222, Sec. 4(c), (d)(related to Sec. 3646(c)), (e), (f), 61 Stat. 309; Aug. 28, 1957, Pub. L. 85-183, Sec. 4, 5(a), (c), 71 Stat. 465; June 6, 1972, Pub. L. 92-310, Sec. 231(s), 86 Stat. 211; Sept. 22, 1978, Pub. L. 95-380, 92 Stat. 725. 3331(b) 31:528(a)(less last 28 words before proviso, proviso). 3331(c) 31:528(c)(1st sentence 1st-158th words, 171st-195th words). 3331(d) 31:528(a)(last 28 words before proviso, proviso), (c)(1st sentence 159th-170th words, 237th-last words, last sentence), (f). 3331(e) 31:528(b), (c)(1st sentence 196th- 236th words). ------------------------------- In subsection (a), before clause (1), the words 'The term . . . wherever used' are omitted as unnecessary. In clause (1), before subclause (A), the words 'check, warrant, or other' are omitted as surplus. In subclause (C), the word 'duly' is omitted as surplus. The words 'disbursing official or agent' are substituted for 'officer or agent' for consistency in the revised title. The words 'any wholly owned or mixed-ownership Government corporation' are omitted as already being included in the restated source provisions and because of section 101 of the revised title. Therefore, the text is not meant to exclude employees of wholly owned Government corporations and mixed-ownership Government corporations. The words 'the District of Columbia, or the District Unemployment Compensation Board' are omitted because of section 448 of the Act of December 24, 1973 (Pub. L. 93-198, 87 Stat. 801). The words 'or by any entity owned or controlled by the United States' are omitted as unnecessary. In subclause (D), the words 'and covered . . . or deposited with the Treasurer of the United States' are omitted as surplus. The words 'or another account available for payment' are added for clarity and consistency in the revised section. In clause (2), the word 'money' is omitted as being covered by 'coins and currency'. In subsections (b) and (c), the words 'When the Secretary is satisfied' are substituted for 'whenever it is clearly proved to the satisfaction of the Secretary' to eliminate unnecessary words. The words 'mutilated or' are omitted as being covered by 'defaced'. In subsection (c), before clause (1), the words 'Notwithstanding the provisions of subsections (a) and (b) of this section' are omitted as unnecessary. The words 'including the Panama Canal Zone' are omitted because of the Panama Canal Treaty of 1977. The words 'official designated' are substituted for 'officer or employee of the United States as may be authorized' for consistency in the revised title and with other titles of the United States Code. The word 'agency' is substituted for 'department or agency' because of section 101 of the revised title and for consistency. In clause (2), the words 'drawn on' are substituted for 'drawn against' for consistency in the revised chapter. In subsection (d)(3), before subclause (A), the word 'Treasury' is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). In subsection (d)(4), the word 'official' is substituted for 'officer' for consistency in the revised title and with other titles of the United States Code. In subsection (e), the words 'surety or' are omitted as surplus. The words 'the receipt and approval by the Secretary of the Treasury of' are omitted because of the restatement. 1983 ACT This restates, as 31:3331(f), section 3646(h) of the Revised Statutes that was inadvertently omitted from the codification of title 31 by the Act of Sept. 13, 1982 (Pub. L. 97-258, 96 Stat. 1084). It provides authority for the Secretary of the Treasury to delegate duties and powers related to issuing substitute checks to heads of other agencies. The words 'terms and' are omitted as surplus. The words 'duties and powers' are substituted for 'power, authority, or discretion' for consistency in the revised title and with other titles of the United States Code. The words 'in whole or in part' are omitted as surplus. The words 'to such individuals as he may designate within the Treasury Department' are omitted because of 31:321(b)(2). The word 'agency' is coextensive with and substituted for 'other department or agency of the Government or of any Federal Reserve bank' because of 31:101. The words 'terms and conditions' are omitted as surplus. AMENDMENTS 1983 - Subsec. (f). Pub. L. 97-452 added subsec. (f). EFFECTIVE DATE OF 1983 AMENDMENT Section 2(i) of Pub. L. 97-452 provided that: 'The amendments made by section 1(11), (14), (19), (22), (24), (26), and (27) (amending this section and sections 3702, 5103, 5154, 6501, 9101, 9107, and 9108 of this title) are effective as of September 13, 1982.' ------DocID 39358 Document 258 of 536------ -CITE- 31 USC Sec. 3332 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3332. Checks payable to financial organizations designated by Government officers and employees -STATUTE- (a) In this section, 'financial organization' means a bank, savings and loan association or similar institution, or a credit union chartered by the United States Government or a State. (b) An officer or employee of an agency may designate in writing not more than 3 financial organizations to which a payment of pay of the officer or employee shall be sent without charge and the amount to be sent to each organization. The head of the agency shall authorize a disbursing official to issue a check payable to each of the organizations in the amount designated for - (1) credit to the checking account of the officer or employee; (2) deposit of savings for the officer or employee; or (3) buying shares for the officer or employee. (c) If more than one officer or employee making a designation under this section designates the same financial organization, the head of the agency may authorize a disbursing official to issue a check payable to the organization for the total amount designated by the officers and employees, accompanied by a schedule stating the amount to be credited to the account of each officer and employee. (d) Payment by the Government by more than one check, issued under this section and properly endorsed, is complete payment of the amount due to the officer or employee requesting payment. (e) On the written request of a person to whom payment is to be made, this section may be applied to any class of recurring payments. (f) The Secretary of the Senate shall prescribe regulations for the Senate in carrying out this section. With the approval of the Committee on House Administration of the House of Representatives, the Clerk of the House shall prescribe regulations for the House in carrying out this section. The Secretary of the Treasury shall prescribe regulations for all other agencies in carrying out this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 955; Pub. L. 98-369, div. B, title VIII, Sec. 2814, July 18, 1984, 98 Stat. 1207.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3332(a) 31:492(b)(3). R.S. Sec. 3620(b), (c); added Aug. 28, 1965, Pub. L. 89- 145, Sec. 1(2), 79 Stat. 582; restated June 29, 1968, Pub. L. 90-365, 82 Stat. 274; July 19, 1975, Pub. L. 94-57, Sec. 1(a), 89 Stat. 265. 31:492(note). July 19, 1975, Pub. L. 94-57, Sec. 1(b)(1st sentence), (c)(1st sentence), 89 Stat. 265. 3332(b) 31:492(b)(1)(1st sentence words before 1st comma, words between 2d comma and proviso). 3332(c) 31: 492(b)(1)(proviso, last sentence). 31:492(note). July 19, 1975, Pub. L. 94-57, 89 Stat. 265, Sec. 1(b)(2d, last sentences), (c)(2d, last sentences); added Dec. 18, 1975, Pub. L. 94-157, Sec. 109, 89 Stat. 831. 3332(d) 31:492(b)(2)(less 32d-43d words). 3332(e) 31:492(c). 3332(f) 31:492(d)(1st-50th R.S. Sec. 3620(d); words). added Aug. 7, 1972, Pub. L. 92-366, 86 Stat. 506. 3332(g) 31:492(b)(1)(1st sentence words between 1st and 2d commas), (2)(32d- 43d words), (d)(51st- last words). 31:492(note). ------------------------------- In subsection (a), the definition of 'agency' is omitted because of section 101 of the revised title. The words 'and the municipal government of the District of Columbia' are omitted because of section 448 of the Act of December 24, 1973 (Pub. L. 93-198, 87 Stat. 801). The text of section 1(b)(1st sentence) and (c)(1st sentence) of the Act of July 19, 1975, is omitted as executed. In clause (2), the words 'savings bank' are omitted as surplus. In subsections (b)-(f), the words 'officer or employee' are substituted for 'employee' for consistency in the revised title and with other titles of the United States Code. In subsections (b) and (d), the word 'official' is substituted for 'officer' for consistency in the revised title and with other titles of the Code. The words 'issue a check payable to' are substituted for 'make the payment . . . by sending to . . . a check that is drawn in favor of the organization' for clarity and consistency and to eliminate unnecessary words. In subsection (b), before clause (1), the words 'Notwithstanding subsection (a) of this section or any other provision of law' are omitted as unnecessary. The words 'may designate in writing not more than 3 financial organizations to which a payment of pay of the officer or employee shall be sent and the amount to be sent to each organization' are substituted for 'upon the written request of an employee of the agency to whom a payment for wages or salary is to be made . . . in the form of one, two, or three checks (the number of checks . . . if more than one . . . designated by such employee' for clarity, consistency in the revised title and with other titles of the Code, and to eliminate unnecessary words. In subsection (c), the words '(except for a financial organization designated by an officer or employee of either House of Congress)' are substituted for section 1(b)(last sentence) and (c)(last sentence) of the Act of July 19, 1975 (Pub. L. 94-57, 89 Stat. 265), because of the restatement. The words 'to which such check is sent' are omitted because of the restatement. In subsection (d), the words 'to whom a payment is to be made' are omitted as surplus. The words 'upon the written request of such employee' are omitted as unnecessary. The words 'accompanied by a schedule' are added for clarity. In subsection (e), the word 'payment' is substituted for 'acquittance' for clarity and consistency. Subsection (f) is substituted for 31:492(d)(1st-50th words) to eliminate unnecessary words. In subsection (g), the words 'rules and' in section 1(b) and (c) of the Act of July 19, 1975 (Pub. L. 94-57, 89 Stat. 265), are omitted as surplus. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-369, Sec. 2814(a), inserted 'without charge' after 'shall be sent'. Subsecs. (c) to (g). Pub. L. 98-369, Sec. 2814(b), struck out subsec. (c) which related to reimbursement of an agency for issuing additional checks, and redesignated subsecs. (d) to (g) as (c) to (f), respectively. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 1053, 1594. ------DocID 39359 Document 259 of 536------ -CITE- 31 USC Sec. 3333 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3333. Relief for payments made without negligence -STATUTE- (a)(1) The Secretary of the Treasury is not liable for a payment made by the Secretary or depositary in due course and without negligence, of a - (A) check, draft, or warrant drawn on the Treasury or the depositary; and (B) debt obligation guaranteed or assumed by the United States Government. (2) The Comptroller General shall credit the accounts of the Treasury or the depositary for the payment. (b) This section does not relieve another individual from civil or criminal liability for a check, draft, warrant, or debt obligation of the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 956.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3333(a) 31:156(less proviso). Aug. 4, 1947, ch. 455, Sec. 3, 61 Stat. 730. 3333(b) 31:156(proviso). ------------------------------- In subsection (a)(1), before clause (A), the words 'Secretary of the Treasury' are substituted for 'Treasurer' before 'is not liable' because of the source provisions restated in section 321(c) of the revised title. The word 'depositary' is substituted for 'upon the Treasurer of the United States through any Federal Reserve Bank' for consistency in the revised title. The words 'Whenever . . . heretofore has been or hereafter' and 'or on behalf of' are omitted as surplus. In clause (A), the word 'Treasury' is substituted for 'Treasurer of the United States' after 'drawn upon the' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). In clause (B), the words 'public . . . of the United States, including any obligation of any type whatever, the payment of which is' are omitted as surplus. In subsection (a)(2), the words 'of the United States' are omitted as unnecessary. The words 'of the Treasury or the depositary' are substituted for 'Treasurer's' because of the restatement. In subsection (b), the words 'another individual' are substituted for 'any person, other than the Treasurer of the United States' to eliminate unnecessary words. The words 'now existing or which may hereafter exist' are omitted as unnecessary. ------DocID 39360 Document 260 of 536------ -CITE- 31 USC Sec. 3334 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3334. Cancellation and proceeds distribution of Treasury checks -STATUTE- (a) In General. - (1) The Secretary shall provide monthly to each agency that authorizes the issuance of Treasury checks a list of those checks issued for such agency on or after such effective date that have not been paid and have become more than 12 months old during the preceding month, beginning with the fourteenth month following the effective date of this section. (2) Such checks shall be canceled by the Secretary and the proceeds thereof shall be returned to the agency concerned and credited to the appropriation or fund account initially charged for the payment. (b) Checks Issued Before Effective Date. - (1) Not later than 18 months after the effective date of this section, the Secretary shall identify and cancel all Treasury checks issued before such effective date that have not been paid in accordance with section 3328 of this title. (2) The proceeds from checks canceled pursuant to paragraph (1) shall be applied to eliminate the balances in accounts that represent uncollectible accounts receivable and other costs associated with the payment of checks and check claims by the Department of the Treasury on behalf of all payment certifying agencies. Any remaining proceeds shall be deposited to the miscellaneous receipts of the Treasury. (c) No Effect on Underlying Obligation. - Nothing in this section shall be construed to affect the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued. -SOURCE- (Added Pub. L. 100-86, title X, Sec. 1003, Aug. 10, 1987, 101 Stat. 658.) -REFTEXT- REFERENCES IN TEXT Such effective date, and the effective date of this section, referred to in subsecs. (a)(1) and (b)(1), is 6 months after Aug. 10, 1987, or on such later date as the Secretary of the Treasury may prescribe in regulations. See Effective Date note below. -MISC2- EFFECTIVE DATE Section effective 6 months after Aug. 10, 1987, or on such later date as the Secretary of the Treasury may prescribe in regulations, see section 1006 of Pub. L. 100-86, set out as an Effective Date of 1987 Amendment note under section 3328 of this title. PROMULGATION OF REGULATIONS For provision permitting Secretary of the Treasury to prescribe rules, regulations, and procedures as necessary to implement this section, including recertification of Treasury checks which have been canceled or for which a claim has been asserted or barred, see section 1005 of Pub. L. 100-86, set out as a note under section 3328 of this title. ------DocID 39361 Document 261 of 536------ -CITE- 31 USC Sec. 3335 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER II -HEAD- Sec. 3335. Timely disbursement of Federal funds -STATUTE- (a) Each head of an executive agency (other than the Tennessee Valley Authority) shall, under such regulations as the Secretary of the Treasury shall prescribe, provide for the timely disbursement of Federal funds through cash, checks, electronic funds transfer, or any other means identified by the Secretary. (b) The Secretary may collect from any executive agency which does not comply with subsection (a) a charge in an amount the Secretary determines to be the cost to the general fund of the Treasury caused by such noncompliance. (c) The amounts of charges collected from an executive agency under this section shall be deposited in the Treasury and credited as miscellaneous receipts. (d) Any charge assessed by the Secretary under this section, to the maximum extent practicable - (1) shall be paid out of appropriations available for executive agency operations; and (2) shall not be paid from amounts available for funding programs of an executive agency. -SOURCE- (Added Pub. L. 101-453, Sec. 4(a), Oct. 24, 1990, 104 Stat. 1058.) -MISC1- REGULATIONS Section 4(c) of Pub. L. 101-453 provided that: 'The Secretary of the Treasury shall prescribe regulations under section 3335 of title 31, United States Code, as added by subsection (a), to ensure the full implementation of that section by the date which is 2 years after the date of the enactment of this Act (Oct. 24, 1990).' ------DocID 39362 Document 262 of 536------ -CITE- 31 USC SUBCHAPTER III -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER III -HEAD- SUBCHAPTER III - MISCELLANEOUS ------DocID 39363 Document 263 of 536------ -CITE- 31 USC Sec. 3341 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER III -HEAD- Sec. 3341. Sale of Government warrants, checks, drafts, and obligations -STATUTE- (a) A disbursing official of the United States Government may sell a Government warrant, check, draft, or obligation not the property of the official at a premium, or dispose of the proceeds of the warrant, check, draft, or obligation, only if the official deposits the premium and the proceeds in the Treasury or with a depositary for the credit of the Government. (b) A disbursing official violating subsection (a) of this section shall be dismissed immediately. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 956.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3341(a) 31:544(words before R.S. Sec. 3652. last semicolon). 3341(b) 31:544(words after last semicolon). ------------------------------- In subsection (a), the words 'disbursing official' are substituted for 'officer' for clarity and consistency in the revised title. The words 'either directly or indirectly' and 'or dispose of to any person' are omitted as surplus. The words 'Government warrant, check, draft, or obligation' are substituted for 'Treasury note, draft, warrant, or other public security' for consistency in the revised title. The words 'or sell . . . avails or . . . in his hands for disbursement' are omitted as surplus. The words 'only if the official deposits the premium and the proceeds in the Treasury or with a depositary' are substituted for 'without making return of such premium, and accounting therefor by charging the same in his account' for clarity and consistency in the chapter. In subsection (b), the words 'from office' are omitted as unnecessary. ------DocID 39364 Document 264 of 536------ -CITE- 31 USC Sec. 3342 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER III -HEAD- Sec. 3342. Check cashing and exchange transactions -STATUTE- (a) A disbursing official of the United States Government may - (1) cash and negotiate negotiable instruments payable in United States currency or currency of a foreign country; (2) exchange United States currency, coins, and negotiable instruments and currency, coins, and negotiable instruments of foreign countries; and (3) cash checks drawn on the Treasury to accommodate United States citizens in a foreign country, but only if - (A) satisfactory banking facilities are not available in the foreign country; and (B) a check is presented by the payee who is a United States citizen. (b) A disbursing official may act under subsection (a)(1) and (2) of this section only for - (1) an official purpose; (2) personnel of the Government; (3) a veteran hospitalized or living in an institution operated by an agency; (4) a contractor, or personnel of a contractor, carrying out a Government project; and (5) personnel of an authorized agency not part of the Government that operates with an agency of the Government. (c)(1) An amount held by the disbursing official that is available for expenditure may be used to carry out subsection (a) of this section with the approval of the head of the agency having jurisdiction over the amount. (2) The head of an agency having jurisdiction over a disbursing official may offset, within the same fiscal year, a deficiency resulting from a transaction under subsection (a) of this section with a gain from a transaction under subsection (a). A gain in the account of a disbursing official not used to offset deficiencies under subsection (a) shall be deposited in the Treasury as miscellaneous receipts. (3) Amounts necessary to adjust for deficiencies in the account of a disbursing official because of transactions under subsection (a) of this section are authorized to be appropriated. (d) The Secretary of the Treasury and, with the approval of the Secretary, the head of an agency having jurisdiction over a disbursing official, may issue regulations to carry out this section. However, under conditions the Secretary decides are necessary, the Secretary may delegate to the head of an agency the authority to issue regulations applying to a disbursing official that is an officer or employee of the agency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 957.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3342(a) 31:492a(less 1st Dec. 23, 1944, ch. sentence words 716, Sec. 1-3, 58 between 2d-7th Stat. 921; restated commas, last June 16, 1953, ch. sentence). 115, 67 Stat. 61. 3342(b) 31:492a(1st sentence words between 2d- 7th commas). 3342(c)(1) 31:492a(last sentence). 3342(c)(2), (3) 31:492b. 3342(d) 31:492c. ------------------------------- In the section, the words 'disbursing official' are substituted for 'disbursing officers' for clarity and consistency in the revised title. In subsection (a), the words 'negotiable instruments' are substituted for 'checks, drafts, bills of exchange, and other instruments' for clarity and consistency. Before clause (1), the words 'Subject to regulations promulgated pursuant to sections 492a-492c of this title' are omitted as unnecessary. In clause (3), before subclause (A), the words 'disbursing officers in foreign countries are also authorized . . . to' are omitted because of the restatement. The word 'Treasury' is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words 'person who is' are omitted as surplus. In subclause (B), the word 'payee' is substituted for 'person to whose order they are drawn' to eliminate unnecessary words. The words 'who is a United States citizen' are added for clarity. Subsection (b), before clause (1), is added because of the restatement. In clause (2), the words 'the accommodation of' are omitted as surplus. The word 'personnel' is substituted for 'members of the Armed Forces and civilian personnel' to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. In clause (3), the words 'of the Armed Forces of the United States . . . institutions operated by the Veterans' Administration and other' are omitted as surplus. In subsection (c)(2), the words 'For the purposes of this section' are omitted because of the restatement. The words 'in the accounts of such disbursing officers' are omitted as unnecessary. The words 'resulting from a transaction under subsection (a) of this section' are added for clarity. The words 'not used to offset deficiencies from transactions under subsection (a)' are substituted for 'resulting from operations permitted by sections 492a to 492c of this title' for clarity and consistency. Subsection (c)(3) is substituted for 31:492b(2d sentence) to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code. In subsection (d), the words 'rules and . . . governing the disbursing officers under their respective jurisdictions, as may be deemed necessary or proper . . . the purposes of' are omitted as surplus. The words 'under conditions the Secretary decides are necessary' are substituted for 'subject to such terms and conditions as he may prescribe' for clarity and consistency. The words 'and exercise the function of disbursement pursuant to a delegation by the Secretary of the Treasury' are omitted as unnecessary. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 2504. ------DocID 39365 Document 265 of 536------ -CITE- 31 USC Sec. 3343 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 SUBCHAPTER III -HEAD- Sec. 3343. Check forgery insurance fund -STATUTE- (a) The Department of the Treasury has a special deposit revolving fund, the 'Check Forgery Insurance Fund'. Amounts may be appropriated to the Fund. The Fund consists of amounts - (1) appropriated to the Fund; and (2) received under subsection (d) of this section. (b) The Secretary of the Treasury shall pay from the Fund to a payee or special endorsee of a check drawn on the Treasury or a depositary designated by the Secretary the amount of the check without interest if - (1) the check was lost or stolen without the fault of the payee or a holder that is a special endorsee and whose endorsement is necessary for further negotiation; (2) the check was negotiated later and paid by the Secretary or a depositary on a forged endorsement of the payee's or special endorsee's name; (3) the payee or special endorsee has not participated in any part of the proceeds of the negotiation or payment; and (4) recovery from the forger, a transferee, or a party on the check after the forgery has been or may be delayed or unsuccessful. (c) Notwithstanding section 1306 of this title, a check drawn on a designated depositary may be paid in the currency of a foreign country when the appropriate accountable official authorizes payment in that currency. (d) The Secretary shall deposit immediately to the credit of the Fund an amount recovered from a forger or a transferee or party on the check. However, currency of a foreign country recovered because of a forged check drawn on a designated depositary shall be credited to the Fund or to the foreign currency fund that was charged when payment was made under subsection (b) of this section to the payee or special endorsee. (e) This section does not relieve - (1) a forger from civil or criminal liability; or (2) a transferee or party on a check after the forgery from liability - (A) on the express or implied warranty of prior endorsements of the transferee or party; or (B) to refund amounts to the Secretary. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 957.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3343(a) 31:561. Nov. 21, 1941, ch. 489, Sec. 1-3, 55 Stat. 777. 3343(b) 31:562. 31:563a(1st Nov. 21, 1941, ch. sentence). 489, 55 Stat. 777, Sec. 4; added Dec. 22, 1974, Pub. L. 93-539, Sec. 1(b), 88 Stat. 1738. 3343(c) 31:563a(2d sentence). 3343(d) 31:563(words after 3d comma). 31:563a(last sentence). 3343(e) 31:563(words before 3d comma). ------------------------------- Subsection (a) is substituted for 31:561 for clarity and consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. In subsection (b), the text of 31:563a(1st sentence) is omitted because of section 321 of the revised title. Before clause (1), the word 'Secretary' is substituted for 'Treasurer of the United States' before 'is authorized and directed' in 31:562 because of the source provisions restated in section 321(c) of the revised title. The words 'prior to reclamation' and 'heretofore or hereafter' are omitted as unnecessary. The words 'Treasury or a depositary designated by the Secretary' are substituted for 'Treasurer of the United States' before 'has been lost or stolen' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280) and for consistency in the revised title. The words 'it is established' are omitted as unnecessary. In clause (2), the words 'Secretary or a depositary' are substituted for 'Treasurer' for consistency. In clause (3), the words 'either directly or indirectly' are omitted as surplus. In subsection (c), the words 'drawn on a designated depositary' are added because of the restatement. In subsection (d), the words 'The Secretary shall deposit immediately to the credit of the Fund amounts recovered from a forger' are substituted for 31:563(words after 3d comma) to eliminate unnecessary words. The words 'The liability and restoration provisions of section 563 of this title shall apply with respect to checks drawn on designated depositaries' in 31:563a(last sentence) are omitted as unnecessary because of the restatement. The words 'because of a forged check drawn on a designated depositary' are added for clarity. The words 'credited to' are substituted for 'used, as required, to reimburse' for clarity and to eliminate unnecessary words. The word 'payment' is substituted for 'settlement' for consistency. The words 'under subsection (b) of this section' are added for clarity. In subsection (e), the word 'Secretary' is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321(c) of the revised title. ------DocID 39366 Document 266 of 536------ -CITE- 31 USC CHAPTER 35 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 -HEAD- CHAPTER 35 - ACCOUNTING AND COLLECTION -MISC1- SUBCHAPTER I - GENERAL Sec. 3501. Definition. SUBCHAPTER II - ACCOUNTING REQUIREMENTS, SYSTEMS, AND INFORMATION 3511. Prescribing accounting requirements and developing accounting systems. 3512. Executive agency accounting and other financial management reports and plans. 3513. Financial reporting and accounting system. 3514. Discontinuing certain accounts maintained by the Comptroller General. 3515. Financial statements of agencies. SUBCHAPTER III - AUDITING AND SETTLING ACCOUNTS 3521. Audits by agencies. 3522. Making and submitting accounts. 3523. General audit authority of the Comptroller General. 3524. Auditing expenditures approved without vouchers. 3525. Auditing nonappropriated fund activities. 3526. Settlement of accounts. 3527. General authority to relieve accountable officials and agents from liability. 3528. Responsibilities and relief from liability of certifying officials. 3529. Requests for decisions of the Comptroller General. 3530. Adjusting accounts. 3531. Property returns. 3532. Notification of account deficiencies. SUBCHAPTER IV - COLLECTION 3541. Distress warrants. 3542. Carrying out distress warrants. 3543. Postponing a distress warrant proceeding. 3544. Rights and remedies of the United States Government reserved. 3545. Civil action to recover money. SUBCHAPTER V - PROCUREMENT PROTEST SYSTEM 3551. Definitions. 3552. Protests by interested parties concerning procurement actions. 3553. Review of protests; effect on contracts pending decision. 3554. Decisions on protests. 3555. Regulations; authority of Comptroller General to verify assertions. 3556. Nonexclusivity of remedies; matters included in agency record. AMENDMENTS 1990 - Pub. L. 101-576, title III, Sec. 301(b), 303(f), Nov. 15, 1990, 104 Stat. 2848, 2852, substituted 'and other financial management reports and plans' for 'systems' in item 3512 and added item 3515. 1984 - Pub. L. 98-369, div. B, title VII, Sec. 2741(b), July 18, 1984, 98 Stat. 1203, added subchapter V heading and items 3551 to 3556. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3726 of this title; title 20 section 1132g-1; title 22 sections 3721, 3723; title 38 section 4207; title 40 section 756; title 48 sections 1469b, 1683; title 49 App. section 1537. ------DocID 39367 Document 267 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL ------DocID 39368 Document 268 of 536------ -CITE- 31 USC Sec. 3501 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER I -HEAD- Sec. 3501. Definition -STATUTE- In this chapter, 'executive agency' does not include (except in section 3513 of this title) a corporation, agency, or instrumentality subject to chapter 91 of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 959.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3501 31:65a. Sept. 12, 1950, ch. 946, Sec. 118, 64 Stat. 837; Aug. 1, 1956, ch. 814, Sec. 2(c), 70 Stat. 783. ------------------------------- The words 'As used . . . the term' are omitted as surplus. The words 'means any executive department or independent establishment in the executive branch of the Government' are omitted because of section 102 of the revised title. The reference to 31:66d is unnecessary because the defined term is not used in the restatement of 31:66d in section 3514 of the revised title. The text of 31:65a(words after 4th comma) is omitted as unnecessary because of 39:410. ------DocID 39369 Document 269 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER II -HEAD- SUBCHAPTER II - ACCOUNTING REQUIREMENTS, SYSTEMS, AND INFORMATION ------DocID 39370 Document 270 of 536------ -CITE- 31 USC Sec. 3511 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER II -HEAD- Sec. 3511. Prescribing accounting requirements and developing accounting systems -STATUTE- (a) The Comptroller General shall prescribe the accounting principles, standards, and requirements that the head of each executive agency shall observe. Before prescribing the principles, standards, and requirements, the Comptroller General shall consult with the Secretary of the Treasury and the President on their accounting, financial reporting, and budgetary needs, and shall consider the needs of the heads of the other executive agencies. (b) Requirements prescribed under subsection (a) of this section shall - (1) provide for suitable integration between the accounting process of each executive agency and the accounting of the Department of the Treasury; (2) allow the head of each agency to carry out section 3512 of this title; and (3) provide a method of - (A) integrated accounting for the United States Government; (B) complete disclosure of the results of the financial operations of each agency and the Government; and (C) financial information and control the President and Congress require to carry out their responsibilities. (c) Consistent with subsections (a) and (b) of this section - (1) the authority of the Comptroller General continues under section 205(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486(b)); and (2) the Comptroller General may prescribe the forms, systems, and procedures that the judicial branch of the Government (except the Supreme Court) shall observe. (d) The Comptroller General, the Secretary, and the President shall conduct a continuous program for improving accounting and financial reporting in the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 959.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3511(a) 31:66(a)(1st Sept. 12, 1950, ch. sentence words 946, Sec. 111(f), before last comma). 112(a), 64 Stat. 835; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 3511(b) 31:66(a)(1st sentence words after last comma, 2d sentence). 3511(c) 31:49 June 10, 1921, ch. 18, Sec. 309, 42 Stat. 25. 31:66(a)(3d, last sentences). 3511(d) 31:65(f). ------------------------------- In the section, the words 'the head of' are added for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words 'of the United States' are omitted as surplus. The word 'President' is substituted for 'Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) redesignated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In subsection (b)(3), the words 'as a whole' and 'respective' are omitted as surplus. Subsection (c)(2) is substituted for 31:49 and the words 'and, to the extent he deems necessary, the authority vested in him by section 49 of this title' in 31:66(a) for clarity and consistency. H. Rept. 2556, 81st Cong. (1950), states that the Comptroller General will be able to prescribe appropriation and fund accounting systems under 31:49 'in terms of principles, standards and related requirements rather than in terms of detailed forms and procedures'. The reference to the judicial branch covers authority that the Comptroller General was given under 31:49 that applies to departments and establishments except the Supreme Court that was not superseded by the source provisions restated in subsection (a) of this section. ADOPTION OF CAPITAL ACCOUNTING STANDARDS Pub. L. 101-576, title III, Sec. 307, Nov. 15, 1990, 104 Stat. 2855, provided that: 'No capital accounting standard or principle, including any human capital standard or principle, shall be adopted for use in an executive department or agency until such standard has been reported to the Congress and a period of 45 days of continuous session of the Congress has expired.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3512, 3513 of this title; title 10 sections 3022, 5025, 8022. ------DocID 39371 Document 271 of 536------ -CITE- 31 USC Sec. 3512 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER II -HEAD- Sec. 3512. Executive agency accounting and other financial management reports and plans -STATUTE- (a)(1) The Director of the Office of Management and Budget shall prepare and submit to the appropriate committees of the Congress a financial management status report and a governmentwide 5-year financial management plan. (2) A financial management status report under this subsection shall include - (A) a description and analysis of the status of financial management in the executive branch; (B) a summary of the most recently completed financial statements - (i) of Federal agencies under section 3515 of this title; and (ii) of Government corporations; (C) a summary of the most recently completed financial statement audits and reports - (i) of Federal agencies under section 3521(e) and (f) of this title; and (ii) of Government corporations; (D) a summary of reports on internal accounting and administrative control systems submitted to the President and the Congress under the amendments made by the Federal Managers' Financial Integrity Act of 1982 (Public Law 97-255); and (E) any other information the Director considers appropriate to fully inform the Congress regarding the financial management of the Federal Government. (3)(A) A governmentwide 5-year financial management plan under this subsection shall describe the activities the Director, the Deputy Director for Management, the Controller of the Office of Federal Financial Management, and agency Chief Financial Officers shall conduct over the next 5 fiscal years to improve the financial management of the Federal Government. (B) Each governmentwide 5-year financial management plan prepared under this subsection shall - (i) describe the existing financial management structure and any changes needed to establish an integrated financial management system; (ii) be consistent with applicable accounting principles, standards, and requirements; (iii) provide a strategy for developing and integrating individual agency accounting, financial information, and other financial management systems to ensure adequacy, consistency, and timeliness of financial information; (iv) identify and make proposals to eliminate duplicative and unnecessary systems, including encouraging agencies to share systems which have sufficient capacity to perform the functions needed; (v) identify projects to bring existing systems into compliance with the applicable standards and requirements; (vi) contain milestones for equipment acquisitions and other actions necessary to implement the 5-year plan consistent with the requirements of this section; (vii) identify financial management personnel needs and actions to ensure those needs are met; (viii) include a plan for ensuring the annual audit of financial statements of executive agencies pursuant to section 3521(h) of this title; and (ix) estimate the costs of implementing the governmentwide 5-year plan. (4)(A) Not later than 15 months after the date of the enactment of this subsection, the Director of the Office of Management and Budget shall submit the first financial management status report and governmentwide 5-year financial management plan under this subsection to the appropriate committees of the Congress. (B)(i) Not later than January 31 of each year thereafter, the Director of the Office of Management and Budget shall submit to the appropriate committees of the Congress a financial management status report and a revised governmentwide 5-year financial management plan to cover the succeeding 5 fiscal years, including a report on the accomplishments of the executive branch in implementing the plan during the preceding fiscal year. (ii) The Director shall include with each revised governmentwide 5-year financial management plan a description of any substantive changes in the financial statement audit plan required by paragraph (3)(B)(viii), progress made by executive agencies in implementing the audit plan, and any improvements in Federal Government financial management related to preparation and audit of financial statements of executive agencies. (5) Not later than 30 days after receiving each annual report under section 902(a)(6) of this title, the Director shall transmit to the Chairman of the Committee on Government Operations of the House of Representatives and the Chairman of the Committee on Governmental Affairs of the Senate a final copy of that report and any comments on the report by the Director. (b) The head of each executive agency shall establish and maintain systems of accounting and internal controls that provide - (1) complete disclosure of the financial results of the activities of the agency; (2) adequate financial information the agency needs for management purposes; (3) effective control over, and accountability for, assets for which the agency is responsible, including internal audit; (4) reliable accounting results that will be the basis for - (A) preparing and supporting the budget requests of the agency; (B) controlling the carrying out of the agency budget; and (C) providing financial information the President requires under section 1104(e) of this title; and (5) suitable integration of the accounting of the agency with the central accounting and reporting responsibilities of the Secretary of the Treasury under section 3513 of this title. (c)(1) To ensure compliance with subsection (a)(3) (FOOTNOTE 1) of this section and consistent with standards the Comptroller General prescribes, the head of each executive agency shall establish internal accounting and administrative controls that reasonably ensure that - (FOOTNOTE 1) See References in Text note below. (A) obligations and costs comply with applicable law; (B) all assets are safeguarded against waste, loss, unauthorized use, and misappropriation; and (C) revenues and expenditures applicable to agency operations are recorded and accounted for properly so that accounts and reliable financial and statistical reports may be prepared and accountability of the assets may be maintained. (2) Standards the Comptroller General prescribes under this subsection shall include standards to ensure the prompt resolution of all audit findings. (d)(1) In consultation with the Comptroller General, the Director of the Office of Management and Budget - (A) shall establish by December 31, 1982, guidelines that the head of each executive agency shall follow in evaluating the internal accounting and administrative control systems of the agency to decide whether the systems comply with subsection (b) (FOOTNOTE 1) of this section; and (B) may change a guideline when considered necessary. (2) By December 31 of each year (beginning in 1983), the head of each executive agency, based on an evaluation conducted according to guidelines prescribed under paragraph (1) of this subsection, shall prepare a statement on whether the systems of the agency comply with subsection (b) (FOOTNOTE 1) of this section, including - (A) if the head of an executive agency decides the systems do not comply with subsection (b) (FOOTNOTE 1) of this section, a report identifying any material weakness in the systems and describing the plans and schedule for correcting the weakness; and (B) a separate report on whether the accounting system of the agency conforms to the principles, standards, and requirements the Comptroller General prescribes under section 3511(a) of this title. (3) The head of each executive agency shall sign the statement and reports required by this subsection and submit them to the President and Congress. The statement and reports are available to the public, except that information shall be deleted from a statement or report before it is made available if the information specifically is - (A) prohibited from disclosure by law; or (B) required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. (e) To assist in preparing a cost-based budget under section 1108(b) of this title and consistent with principles and standards the Comptroller General prescribes, the head of each executive agency shall maintain the accounts of the agency on an accrual basis to show the resources, liabilities, and costs of operations of the agency. An accounting system under this subsection shall include monetary property accounting records. (f) The Comptroller General shall - (1) cooperate with the head of each executive agency in developing an accounting system for the agency; and (2) approve the system when the Comptroller General considers it to be adequate and in conformity with the principles, standards, and requirements prescribed under section 3511 of this title. (g) The Comptroller General shall review the accounting systems of each executive agency. The results of a review shall be available to the head of the executive agency, the Secretary, and the President. The Comptroller General shall report to Congress on a review when the Comptroller General considers it proper. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 959; Pub. L. 97-452, Sec. 1(12), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 101-576, title III, Sec. 301(a), Nov. 15, 1990, 104 Stat. 2847.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3512(a) 31:66a(a). Sept. 12, 1950, ch. 946, Sec. 112(c), 113(a), 64 Stat. 835; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 3512(b) 31:66a(c). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 113(c); added Aug. 1, 1956, ch. 814, Sec. 2(b), 70 Stat. 782. 3512(c) 31:66(b)(less Sept. 12, 1950, ch. Treasury 946, Sec. Department). 112(b)(less Treasury Department), 113(b), 64 Stat. 835, 836. 31:66a(b). 3512(d) 31:66(c). ------------------------------- In subsection (a)(3), the words 'funds, property, and other' are omitted as surplus. In subsection (a)(4)(C), the word 'President' is substituted for 'Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) redesignated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In subsection (a)(5), the words 'the accounting of the Treasury Department in connection with' are omitted as surplus. In subsection (b), the words 'As soon as practicable after August 1, 1956' are omitted as executed. The words 'with a view', 'adequate', and 'as an integral part of the system' are omitted as surplus. In subsections (c) and (d), the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. The word 'considers' is substituted for 'deemed' as being more precise. In subsection (c), the text of 31:66a(b) is omitted as unnecessary. In clause (1), the words 'the head of' are added for consistency with the revised title and other titles of the United States Code. In clause (2), the words 'under section 3511 of this title' are substituted for 'by him' in 31:66(b)(less Treasury Department) for clarity. In subsection (d), the word 'concerned' is omitted as surplus. The word 'President' is substituted for 'Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 redesignated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3512(b) 31 App.:66a(d)(1). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 113(d); added Sept. 8, 1982, Pub. L. 97-255, Sec. 2, 96 Stat. 814. 3512(c)(1) 31 App.:66a(d)(2). 3512(c)(2) (A) 31 App.:66a(d)(3), (4). 3512(c)(2) (B) 31 App.:66a(b)(last Sept. 12, 1950, ch. sentence). 946, 64 Stat. 832, Sec. 113(b)(last sentence); added Sept. 8, 1982, Pub. L. 97-255, Sec. 4, 96 Stat. 815. 3512(c)(3) 31 App.:66a(d)(5). ------------------------------- In subsections (b)(1) and (c)(1)(A), the words 'the requirements of' are omitted as surplus. In subsection (b)(1), before clause (A), the words 'the head of' are added for consistency in the revised title and with other titles of the United States Code. The word 'provide' is omitted as surplus. In clause (B), the word 'all' is substituted for 'funds, property, and other' to eliminate unnecessary words. In subsection (c)(1)(A), the words 'the head of each executive agency shall follow' are substituted for 'agencies' for clarity and consistency in the revised title and with other titles of the Code. In subsection (c)(2), before clause (A), the words 'beginning in' are substituted for 'succeeding' because of the restatement. The words 'on whether the systems of the agency comply with subsection (b) of this section' are substituted for 31 App.:66a(d)(3)(A) to eliminate unnecessary words. In clause (B), the word 'related' is omitted as surplus. In subsection (c)(3)(A), the words 'provision of' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Federal Managers' Financial Integrity Act of 1982, referred to in subsec. (a)(2)(D), is Pub. L. 97-255, Sept. 8, 1982, 96 Stat. 814, which added subsec. (d) to section 66a of former Title 31, Money and Finance. Section 66a of former Title 31 was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof as this section. Provisions relating to reports on internal accounting and administrative control systems are restated in subsec. (d)(2) and (3) of this section. The date of the enactment of this subsection, referred to in subsec. (a)(4)(A), is the date of enactment of Pub. L. 101-576, which added subsec. (a) and was approved Nov. 15, 1990. Subsections (a)(3) and (b) of this section, referred to in subsecs. (c)(1) and (d)(1)(A), (2), were redesignated subsecs. (b)(3) and (c), respectively. See 1990 Amendment note below. -MISC2- AMENDMENTS 1990 - Pub. L. 101-576 substituted 'and other financial management reports and plans' for 'systems' in section catchline, added subsec. (a), and redesignated former subsecs. (a) to (f) as (b) to (g), respectively. 1983 - Subsecs. (b), (c). Pub. L. 97-452 added subsecs. (b) and (c). Former subsecs. (b) and (c) were redesignated (d) and (e), respectively. Subsecs. (d) to (f). Pub. L. 97-452 redesignated former subsecs. (b) to (d) as (d) to (f), respectively. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 902, 3511, 3521, 7502 of this title; title 10 sections 3022, 5025, 8022. ------DocID 39372 Document 272 of 536------ -CITE- 31 USC Sec. 3513 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER II -HEAD- Sec. 3513. Financial reporting and accounting system -STATUTE- (a) The Secretary of the Treasury shall prepare reports that will inform the President, Congress, and the public on the financial operations of the United States Government. The reports shall include financial information the President requires. The head of each executive agency shall give the Secretary reports and information on the financial conditions and operations of the agency the Secretary requires to prepare the reports. (b) The Secretary may - (1) establish facilities necessary to prepare the reports; and (2) reorganize the accounting functions and procedures and financial reports of the Department of the Treasury to develop an effective and coordinated system of accounting and financial reporting in the Department that will integrate the accounting results for the Department and be the operating center for consolidating accounting results of other executive agencies with accounting results of the Department. (c) The Comptroller General shall - (1) cooperate with the Secretary in developing and establishing the reporting and accounting system under this section; and (2) approve the system when the Comptroller General considers it to be adequate and in conformity with the principles, standards, and requirements prescribed under section 3511 of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 960.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3513(a) 31:66b(a). Sept. 12, 1950, ch. 946, Sec. 114(a), 64 Stat. 836; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 3513(b) 31:66b(b). Sept. 12, 1950, ch. 946, Sec. 112(b)(related to Treasury Department), 114(b), (c), 64 Stat. 835, 836. 3513(c) 31:66(b)(related to Treasury Department). 31:66b(c). ------------------------------- In subsection (a), the words 'the results of' are omitted as surplus. The words 'The report' are substituted for 'Provided, That' for clarity. The word 'information' is substituted for 'data' for consistency. The word 'President' is substituted for 'Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) redesignated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words 'in connection with the preparation of the Budget or for other purposes of the Office' are omitted as unnecessary. The words 'The head of' are added for consistency in the revised title and with other titles of the United States Code. The words 'by rules and regulations' are omitted as unnecessary because of section 321(b) of this title. The words 'to prepare the reports' are substituted for 'for the effective performance of his responsibilities under this section' for clarity and to eliminate unnecessary words. In subsection (b)(2), the words 'install, revise, or eliminate', 'the several bureaus and offices of', 'with such concentration of accounting and reporting as is necessary', and 'the activities of' are omitted as surplus. The word 'be' is substituted for 'provide' for clarity. The text of 31:66b(b)(last sentence) is omitted as unnecessary because of section 321 of this title. In subsection (c), before clause (1), the text of 31:66b(c) is omitted as unnecessary. The words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In clause (1), the word 'Secretary' is substituted for 'Treasury Department' in 31:66(b)(related to Treasury Department) for consistency. The word 'central' is omitted as surplus. In clause (2), the word 'considers' is substituted for 'deemed' as being more precise. The words 'under section 3511 of this title' are substituted for 'by him' for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3501, 3512 of this title. ------DocID 39373 Document 273 of 536------ -CITE- 31 USC Sec. 3514 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER II -HEAD- Sec. 3514. Discontinuing certain accounts maintained by the Comptroller General -STATUTE- The Comptroller General may discontinue an agency appropriation, expenditure, limitation, receipt, or personal ledger account maintained by the Comptroller General when the Comptroller General believes that the accounting system and internal controls of the agency will allow the Comptroller General to carry out the functions related to the account. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 960.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3514 31:66d. Sept. 12, 1950, ch. 946, Sec. 116, 64 Stat. 837. ------------------------------- The words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. The word 'agency' is substituted for 'executive, legislative, and judicial agencies' because of sections 101, 102, and 3501 of the revised title. The word 'properly' is omitted as surplus. ------DocID 39374 Document 274 of 536------ -CITE- 31 USC Sec. 3515 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER II -HEAD- Sec. 3515. Financial statements of agencies -STATUTE- (a) Not later than March 31 of 1992 and each year thereafter, the head of each executive agency identified in section 901(b) of this title shall prepare and submit to the Director of the Office of Management and Budget a financial statement for the preceding fiscal year, covering - (1) each revolving fund and trust fund of the agency; and (2) to the extent practicable, the accounts of each office, bureau, and activity of the agency which performed substantial commercial functions during the preceding fiscal year. (b) Each financial statement of an executive agency under this section shall reflect - (1) the overall financial position of the revolving funds, trust funds, offices, bureaus, and activities covered by the statement, including assets and liabilities thereof; (2) results of operations of those revolving funds, trust funds, offices, bureaus, and activities; (3) cash flows or changes in financial position of those revolving funds, trust funds, offices, bureaus, and activities; and (4) a reconciliation to budget reports of the executive agency for those revolving funds, trust funds, offices, bureaus, and activities. (c) The Director of the Office of Management and Budget shall prescribe the form and content of the financial statements of executive agencies under this section, consistent with applicable accounting principles, standards, and requirements. (d) For purposes of this section, the term 'commercial functions' includes buying and leasing of real estate, providing insurance, making loans and loan guarantees, and other credit programs and any activity involving the provision of a service or thing of value for which a fee, royalty, rent, or other charge is imposed by an agency for services and things of value it provides. (e) Not later than March 31 of each year, the head of each executive agency designated by the President may prepare and submit to the Director of the Office of Management and Budget a financial statement for the preceding fiscal year, covering accounts of offices, bureaus, and activities of the agency in addition to those described in subsection (a). -SOURCE- (Added Pub. L. 101-576, title III, Sec. 303(a)(1), Nov. 15, 1990, 104 Stat. 2849.) -MISC1- EFFECTIVE DATE; WAIVER OF REQUIREMENT; RESOLUTION APPROVING DESIGNATION OF AGENCIES Section 303(a)(2), (3), (b) of Pub. L. 101-576 provided that: '(2) Effective date of subsection. - Subsection (e) of section 3515 of title 31, United States Code, as added by paragraph (1), shall take effect on the date on which a resolution described in subsection (b)(1) of this section is passed by the Congress and approved by the President. '(3) Waiver of requirement. - The Director of the Office of Management and Budget may, for fiscal year 1991, waive the application of section 3515(a) of title 31, United States Code, as amended by this subsection, with respect to any revolving fund, trust fund, or account of an executive agency. '(b) Resolution Approving Designation of Agencies. - '(1) Resolution described. - A resolution referred to in subsection (a)(2) is a joint resolution the matter after the resolving clause of which is as follows: 'That the Congress approves the executive agencies designated by the President pursuant to section 3515(e) of title 31, United States Code.' '(2) Introduction of resolution. - No later than the first day of session following the day on which the President submits to the Congress a designation of executive agencies authorized to submit financial statements under section 3515(e) of title 31, United States Code, as added by subsection (a), a resolution as described in paragraph (1) shall be introduced (by request) in the House by the chairman of the Committee on Government Operations of the House of Representatives, or by a Member or Members of the House designated by such chairman; and shall be introduced (by request) in the Senate by the chairman of the Committee on Governmental Affairs of the Senate, or by a Member or Members of the Senate designated by such chairman. '(3) Referral. - A resolution described in paragraph (1), shall be referred to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House (and all resolutions with respect to the same designation of executive agencies shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. The committee shall make its recommendations to the House of Representatives or the Senate, respectively, within 60 calendar days of continuous session of the Congress following the date of such resolution's introduction. '(4) Discharge of Committee. - If the committee to which is referred a resolution introduced pursuant to paragraph (2) (or, in the absence of such a resolution, the first resolution introduced with respect to the same designation of executive agencies) has not reported such resolution or identical resolution at the end of 60 calendar days of continuous session of the Congress after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. '(5) Procedure after report or discharge of committee; vote on final passage. - (A) When the committee has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a resolution described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. '(B) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is passed or rejected shall not be in order. '(C) Immediately following the conclusion of the debate on the resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. '(D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1), shall be decided without debate. '(E) If, prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same designation of executive agencies from the other House, then - '(i) the procedure in that House shall be the same as if no resolution had been received from the other House; but '(ii) the vote on final passage shall be on the resolution of the other House. '(F) It shall not be in order in either the House of Representatives or the Senate to consider a resolution described in paragraph (1), or to consider any conference report on such a resolution, unless the Director of the Office of Management and Budget submits to the Congress a report under subsection (e) (set out below).' REPORT ON SUBSTANTIAL COMMERCIAL FUNCTIONS Section 303(c) of Pub. L. 101-576 provided that: 'Not later than 180 days after the date of the enactment of this Act (Nov. 15, 1990), the Director of the Office of Management and Budget shall determine and report to the Congress on which executive agencies or parts thereof perform substantial commercial functions for which financial statements can be prepared practicably under section 3515 of title 31, United States Code, as added by this section.' PILOT PROJECT FOR PREPARATION AND AUDIT OF FINANCIAL STATEMENTS; REPORT TO CONGRESS Section 303(d), (e), of Pub. L. 101-576 provided that: '(d) Pilot Project. - (1) Not later than March 31 of each of 1991, 1992, and 1993, the head of the Departments of Agriculture, Labor, and Veterans Affairs, the General Services Administration, and the Social Security Administration shall each prepare and submit to the Director of the Office of Management and Budget financial statements for the preceding fiscal year for the accounts of all of the offices, bureaus, and activities of that department or administration. '(2) Not later than March 31 of each of 1992 and 1993, the head of the Departments of Housing and Urban Development and the Army shall prepare and submit to the Director of the Office of Management and Budget financial statements for the preceding fiscal year for the accounts of all of the offices, bureaus, and activities of that department. '(3) Not later than March 31, 1993, the head of the Department of the Air Force, the Internal Revenue Service, and the United States Customs Service, shall each prepare and submit to the Director of the Office of Management and Budget financial statements for the preceding fiscal year for the accounts of all of the offices, bureaus, and activities of that department or service. '(4) Each financial statement prepared under this subsection shall be audited in accordance with section 3521(e), (f), (g), and (h) of title 31, United States Code. '(e) Report on Initial Financial Statements. - Not later than June 30, 1993, the Director of the Office of Management and Budget shall report to the Congress on the financial statements prepared for fiscal years 1990, 1991, and 1992 under subsection (a) of section 3515 of title 31, United States Code (as added by subsection (a) of this section) and under subsection (d) of this section. The report shall include analysis of - '(1) the accuracy of the data included in the financial statements; '(2) the difficulties each department and agency encountered in preparing the data included in the financial statements; '(3) the benefits derived from the preparation of the financial statements; and '(4) the cost associated with preparing and auditing the financial statements, including a description of any activities that were foregone as a result of that preparation and auditing.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 902, 3512, 3521 of this title. ------DocID 39375 Document 275 of 536------ -CITE- 31 USC SUBCHAPTER III -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- SUBCHAPTER III - AUDITING AND SETTLING ACCOUNTS ------DocID 39376 Document 276 of 536------ -CITE- 31 USC Sec. 3521 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3521. Audits by agencies -STATUTE- (a) Each account of an agency shall be audited administratively before being submitted to the Comptroller General. The head of each agency shall prescribe regulations for conducting the audit and designate a place at which the audit is to be conducted. However, a disbursing official of an executive agency may not administratively audit vouchers for which the official is responsible. With the consent of the Comptroller General, the head of the agency may waive any part of an audit. (b) The head of an agency may prescribe a statistical sampling procedure to audit vouchers of the agency when the head of the agency decides economies will result from using the procedure. The Comptroller General - (1) may prescribe the maximum amount of a voucher that may be audited under this subsection; and (2) in reviewing the accounting system of the agency, shall evaluate the adequacy and effectiveness of the procedure. (c) A disbursing or certifying official acting in good faith under subsection (b) of this section is not liable for a payment or certification of a voucher not audited specifically because of the procedure prescribed under subsection (b) if the official and the head of the agency carry out diligently collection action the Comptroller General prescribes. (d) Subsections (b) and (c) of this section do not - (1) affect the liability, or authorize the relief, of a payee, beneficiary, or recipient of an illegal, improper, or incorrect payment; or (2) relieve a disbursing or certifying official, the head of an agency, or the Comptroller General of responsibility in carrying out collection action against a payee, beneficiary, or recipient. (e) Each financial statement prepared under section 3515 by an agency shall be audited in accordance with applicable generally accepted government auditing standards - (1) in the case of an agency having an Inspector General appointed under the Inspector General Act of 1978 (5 U.S.C. App.), by the Inspector General or by an independent external auditor, as determined by the Inspector General of the agency; and (2) in any other case, by an independent external auditor, as determined by the head of the agency. (f) Not later than June 30 following the fiscal year for which a financial statement is submitted under section 3515 of this title by an agency, the person who audits the statement for purpose of subsection (e) shall submit a report on the audit to the head of the agency. A report under this subsection shall be prepared in accordance with generally accepted government auditing standards. (g) The Comptroller General of the United States - (1) may review any audit of a financial statement conducted under this subsection by an Inspector General or an external auditor; (2) shall report to the Congress, the Director of the Office of Management and Budget, and the head of the agency which prepared the statement, regarding the results of the review and make any recommendation the Comptroller General considers appropriate; and (3) may audit a financial statement prepared under section 3515 of this title at the discretion of the Comptroller General or at the request of a committee of the Congress. An audit the Comptroller General performs under this subsection shall be in lieu of the audit otherwise required by subsection (e) of this section. Prior to performing such audit, the Comptroller General shall consult with the Inspector General of the agency which prepared the statement. (h) Each financial statement prepared by an executive agency for a fiscal year after fiscal year 1991 shall be audited in accordance with this section and the plan required by section 3512(a)(3)(B)(viii) of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 961; Pub. L. 101-576, title III, Sec. 304(a), Nov. 15, 1990, 104 Stat. 2852.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3521(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:65b. Sept. 12, 1950, ch. 946, Sec. 119, 64 Stat. 838. 31:75, 41:21. July 31, 1894, ch. 174, Sec. 22, 28 Stat. 210. 31:82. Aug. 23, 1912, ch. 350, Sec. 1(last par. under heading 'Office of the Comptroller of the Treasury'), 37 Stat. 375. 3521(b) 31:82b-1(a)(1st Aug. 30, 1964, Pub. sentence words L. 88-521, 78 Stat. before semicolon, 700; Jan. 2, 1975, last sentence). Pub. L. 93-604, Sec. 101, 88 Stat. 1959. 3521(c) 31:82b-1(a)(1st sentence words after semicolon). 3521(d) 31:82b-1(b). ------------------------------- In the section, the word 'audit' is substituted for 'examination', and the word 'official' is substituted for 'officer', for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words 'Except as otherwise provided' in 31:82(words before 5th comma) are omitted as unnecessary. The words 'on and after August 23, 1912' are omitted as executed. The words 'of an agency' are substituted for 'public' for clarity and consistency. The words 'preliminary to their audit by the General Accounting Office . . . as contemplated by section 78 of this title' are omitted as unnecessary. The words 'Comptroller General' are substituted for 'General Accounting Office' in 31:75 for consistency. The words 'prepared and' in 31:82(words between 5th and 6th commas) are omitted as surplus. The words 'by and through the administrative heads of divisions and bureaus' are omitted because of the authority vested in the heads of agencies. The words 'and pay rolls' are omitted as being included in 'vouchers'. The text of 31:82(words after 6th comma) is omitted as executed. The text of 31:75(1st par.) is omitted as unnecessary because of section 321(b) of the revised title. The words 'head of each agency' are substituted for 'head of each executive agency . . . Provided, That the same authority is conferred upon the officers responsible for the administrative examination of accounts for legislative and judicial agencies' in 31:65b and 'heads of the several executive departments and of the proper officers of other Government establishments, not within the jurisdiction of any executive department' in 31:75 because of sections 101, 102, and 3501 of the revised title. The words 'shall prescribe regulations for conducting the audit' are substituted for 'It shall also be the duty of . . . to make appropriate rules and regulations to secure a proper administrative examination of all accounts sent to them, as required by section 78 of this title' for consistency and to eliminate unnecessary words. The words 'and for the execution of other requirements of this chapter insofar as the same relate to the several departments or establishments' are omitted as unnecessary. The words 'or places, at the seat of government or elsewhere . . . of fiscal officers' accounts' in 31:65b are omitted as surplus. In subsection (b), the words 'the Mayor of the District of Columbia' are omitted as superseded by sections 448(2) and 449 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 802, 803). In subsection (c), the words 'made by him' are omitted as surplus. The words 'head of the' are added for consistency. The words 'to recover the illegal, improper, or incorrect payment in accordance with procedures' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Inspector General Act of 1978, referred to in subsec. (e)(1), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1990 - Subsecs. (e) to (h). Pub. L. 101-576 added subsecs. (e) to (h). WAIVER OF REQUIREMENTS Section 304(b) of Pub. L. 101-576 provided that: 'The Director of the Office of Management and Budget may waive application of subsections (e) and (f) of section 3521 of title 31, United States Code, as amended by this section, to a financial statement submitted by an agency for fiscal years 1990 and 1991.' TIME LIMIT FOR RESOLVING PENDING AND NEW AUDITS Pub. L. 96-304, title III, Sec. 305, July 8, 1980, 94 Stat. 928, provided that: 'All unresolved audits currently pending within agencies and departments, for which appropriations are made under this Act, shall be resolved not later than September 30, 1981. Any new audits, involving questioned costs, arising after July 8, 1980, shall be resolved within 6 months.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 902, 3512 of this title. ------DocID 39377 Document 277 of 536------ -CITE- 31 USC Sec. 3522 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3522. Making and submitting accounts -STATUTE- (a)(1) Unless the Comptroller General decides the public interest requires that an account be made more frequently, each disbursing official shall make a quarterly account. An official or agent of the United States Government receiving public money not authorized to be kept as pay of the official or agent shall make a monthly account of the money. (2) An official or agent of the Government receiving public money shall make an account of public money received by the official or agent according to the appropriation from which the money was advanced. (b)(1) A monthly account shall be submitted to the appropriate official in the District of Columbia by the 10th day after the end of the month covered by the account. The official shall submit the account to the Comptroller General by the 20th day after receiving the account. (2) An account (except a monthly account) shall be submitted to the appropriate official in the District of Columbia by the 20th day after the end of the period covered by the account. The official shall submit the account to the Comptroller General by the 60th day after receiving the account. (3) Notwithstanding paragraphs (1) and (2) of this subsection, an account of the armed forces shall be submitted to the Comptroller General by the 60th day after the account is received. However, during a war or national emergency and for 18 months after the war or emergency ends, an account shall be submitted to the Comptroller General by the 90th day after the account is received. (4) Notwithstanding paragraphs (1) and (2) of this subsection, an account of a disbursing official of the Department of Justice shall be submitted to the Comptroller General by the 80th day after the account is received. (c) An official shall give evidence of compliance with subsection (b) of this section if an account is not received within a reasonable time after the time required by subsection (b). (d) The head of an agency may require other returns or reports about the agency that the public interest requires. (e)(1) The Comptroller General shall disapprove a requisition for an advance of money if an account from which the advance is to be made is not submitted to the Comptroller General within the time required by subsection (b) of this section. The Comptroller General may disapprove the request for another reason related to the condition of an account of the official for whom the advance is requested. However, the Secretary of the Treasury may overrule the decision of the Comptroller General on the sufficiency of the other reasons. (2) The Secretary may extend the time requirements of subsection (b)(1) and (2) of this section for submitting an account to the proper official in the District of Columbia or waive a condition of delinquency only when there is, or is likely to be, a manifest physical difficulty in complying with those requirements. If an account is not submitted to the Comptroller General on time under subsection (b), an order of the President or, if the President is ill or not in the District of Columbia, the Secretary is required to authorize an advance. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 961.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3522(a)(1) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:496(1st sentence). R.S. Sec. 3622; Feb. 27, 1877, ch. 69(8th complete par. on p. 249), 19 Stat. 249; July 31, 1894, ch. 174, Sec. 12(last par.), 28 Stat. 209. 31:497. Aug. 30, 1890, ch. 837, Sec. 4, 26 Stat. 413. 3522(a)(2) 31:498. R.S. Sec. 3623. 3522(b)(1), (2) 31:44(1st sentence). 31:78(1st, last July 31, 1894, ch. sentences). 174, Sec. 12(1st par.), 28 Stat. 209; Mar. 2, 1895, ch. 177, Sec. 4, 28 Stat. 807. 31:496(2d sentence). 3522(b)(3) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:80. Mar. 2, 1901, ch. 803(3d par. on p. 910), 31 Stat. 910; July 9, 1918, ch. 143, ch. XVIII(last par.), 40 Stat. 892. 31:80a. Nov. 21, 1941, ch. 499, 55 Stat. 781. 31:80b. Dec. 26, 1941, ch. 629, 55 Stat. 862; Dec. 23, 1944, ch. 720, 58 Stat. 923. 31:80c. Feb. 20, 1942, ch. 95, 56 Stat. 94. 31:496(3d sentence). 3522(b)(4) 31:44(1st sentence). 31:81. Mar. 4, 1907, ch. 2918, Sec. 1(3d par. under heading 'United States Courts'), 34 Stat. 1360. 3522(c) 31:496(4th sentence). 3522(d) 31:496(last sentence). 3522(e)(1) 31:44(1st sentence). 31:78(2d sentence). 3522(e)(2) 31:44(1st sentence). 31:78(3d, 4th sentences). ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (a)(1), the words 'of the United States' and 'and the Secretary of the Senate shall render his accounts as otherwise provided' in 31:497 are omitted as unnecessary. The words 'Except as otherwise provided' in 31:496 are omitted as unnecessary. The words 'official or agent of the United States Government' are substituted for 'officer or agent of the United States' for consistency in the revised title and with other titles of the United States Code. The word 'pay' is substituted for 'salary, pay, or emolument' for consistency and to eliminate unnecessary words. In subsection (a)(2), the words 'official or agent of the Government' are substituted for 'officers, agents, or other persons' for consistency in the revised title and with other titles of the Code. The word 'distinct' is omitted as surplus. The word 'received' is substituted for 'application' for consistency in the revised title. In subsection (b)(1), the text of 31:496(2d sentence) is omitted as surplus. The text of 31:78(last sentence) is omitted as unnecessary because of 39:410. The words 'Except as otherwise provided by law' are omitted as unnecessary. The words 'mailed or otherwise' are omitted as surplus. The words 'District of Columbia' are substituted for 'Washington' for consistency. The words 'The official shall submit the account' are substituted for 'and shall be transmitted' for clarity. The words 'and received by' are omitted as surplus. The words 'receiving the account' are substituted for 'of their actual receipt at the proper office in Washington' to eliminate unnecessary words. Subsection (b)(2) is substituted for 'and quarterly and other accounts within twenty days after the period to which they relate' and 'and sixty days in the case of quarterly and other accounts' because of the restatement. In subsection (b)(3), the source provisions are combined to eliminate unnecessary words. The words 'Notwithstanding paragraphs (1) and (2) of this subsection' are added for clarity. The words 'monthly' in 31:80 and 'quarterly' in 31:80c are omitted as unnecessary. The words 'armed forces' are substituted for 'Army' in 31:80 and 80a and 'United States Navy, United States Marine Corps, and United States Coast Guard' in 31:80b for consistency with title 10. The Air Force is included because of sections 205(a) and 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 501, 502) and sections 1 and 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 488, 676). In subsection (b)(4), the words 'Notwithstanding paragraphs (1) and (2) of this subsection' are added for clarity. The words 'United States marshals and other' are omitted as surplus. The words 'in the Department of Justice at Washington, District of Columbia' are omitted because of the restatement. In subsection (c), the words 'whose accounts are in default', 'be required to', 'satisfactory', 'at the General Accounting Office or proper bureau', and 'proper' are omitted as surplus. The words 'after the time required by subsection (b) of this section' are substituted for 'thereafter' for clarity. In subsection (d), the word 'agency' is substituted for 'departments' because of the definition of 'agency' in section 102 of the revised title. The word 'may' is substituted for 'Nothing contained in this section shall, however, be construed to restrain . . . from' to eliminate unnecessary words. The words 'about the agency' are substituted for 'from the officer or agent, subject to the control of such heads of departments' for clarity. In subsection (e)(1), the words 'if an account from which the advance is to be made is not submitted to the Comptroller General within the time required by subsection (b) of this section' are substituted for 'Should there by any delinquency in this regard' for clarity. In subsection (e)(2), the 1st sentence is substituted for 31:78(3d sentence), and the words 'If an account is not submitted to the Comptroller General on time under subsection (b)' are substituted for 'Should there be a delay by the administrative departments beyond the aforesaid twenty or sixty days in transmitting accounts', for clarity and to eliminate unnecessary words. The words 'District of Columbia' are substituted for 'seat of Government' for consistency. The words 'in the particular case' and 'of money requested' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3324 of this title; title 22 section 4225. ------DocID 39378 Document 278 of 536------ -CITE- 31 USC Sec. 3523 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3523. General audit authority of the Comptroller General -STATUTE- (a) Except as specifically provided by law, the Comptroller General shall audit the financial transactions of each agency. In deciding on auditing procedures and the extent to which records are to be inspected, the Comptroller General shall consider generally accepted auditing principles, including the effectiveness of accounting organizations and systems, internal audit and control, and related administrative practices of each agency. (b) The Comptroller General shall audit the Architect of the Capitol at times the Comptroller General considers appropriate. Section 716 of this title applies to the Architect in conducting the audit. The Comptroller General shall report the results of the audit to Congress. Each report shall be printed as a Senate document. (c)(1) When the Comptroller General decides an audit shall be conducted at a place at which the records of an executive agency or the Architect of the Capitol are usually kept, the Comptroller General may require the head of the agency or the Architect to keep any part of an account of an accountable official or of a record required to be submitted to the Comptroller General. The Comptroller General may require records be kept under conditions and for a period of not more than 10 years specified by the Comptroller General. However, the Comptroller General and the head of the agency or the Architect may agree on a longer period. (2) The Comptroller General and the head of an agency in the legislative or judicial branch of the United States Government (except the Architect) may agree to apply this subsection to the agency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 962.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3523(a) 31:67(a). Sept. 12, 1950, ch. 946, Sec. 117(a), 64 Stat. 837. 3523(b) 31:67(c). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 117(c); added Aug. 20, 1964, Pub. L. 88-454, Sec. 105(a)(last par.), 78 Stat. 551. 3523(c) 31:67(b). Sept. 12, 1950, ch. 946, Sec. 117(b), 64 Stat. 837; Aug 20, 1964, Pub. L. 88-454, Sec. 105(a)(last par.), 78 Stat. 551. ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (a), the words 'otherwise' and 'including but not limited to the accounts of accountable officers' are omitted as surplus. The words 'in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States' are omitted as unnecessary because of section 711 of the revised title. The words 'to be followed' are omitted as surplus. The words 'to which records are to be inspected' are substituted for 'of examination of vouchers and other documents' for consistency in the revised title and with other titles of the United States Code. In subsection (b), the first sentence is substituted for 31:67(c)(1st sentence), and the word 'Congress' is substituted for 'the President of the Senate and the Speaker of the House of Representatives', for consistency and to eliminate unnecessary words. In subsection (c), the words 'the head of' are added for consistency. In subsection (c)(1), the words 'or places', 'accounts and other', and 'contracts, vouchers, and other' are omitted as surplus. The word 'record' is substituted for 'documents' for consistency in the revised title and with other titles of the Code. The words 'under existing law' are omitted as surplus. In subsection (c)(2), the words 'Provided, That' are omitted because of the restatement. The words 'the accounts and records of' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 104a; title 42 sections 2996h, 10711. ------DocID 39379 Document 279 of 536------ -CITE- 31 USC Sec. 3524 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3524. Auditing expenditures approved without vouchers -STATUTE- (a)(1) The Comptroller General may audit expenditures, accounted for only on the approval, authorization, or certificate of the President or an official of an executive agency, to decide if the expenditure was authorized by law and made. Records and related information shall be made available to the Comptroller General in conducting the audit. (2) The Comptroller General may release the results of the audit or disclose related information only to the President or head of the agency, or, if there is an unresolved discrepancy, to the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House of Representatives, and the committees of Congress having legislative or appropriation oversight of the expenditure. (b) Before December 1 of each year, the Director of the Office of Management and Budget shall submit a report listing each account that may be subject to this section to the Committees on the Budget and Appropriations of both Houses of Congress, the Committee on Governmental Affairs, and to the Committee on Government Operations, and to the Comptroller General. (c) The President may exempt from this section a financial transaction about sensitive foreign intelligence or foreign counter-intelligence activities or sensitive law enforcement investigations if an audit would expose the identifying details of an active investigation or endanger investigative or domestic intelligence sources involved in the investigation. The exemption may apply to a class or category of financial transactions. (d) This section does not - (1) apply to expenditures under section 102, 103, 105(d)(1), (3), or (5), or 106(b)(2) or (3) of title 3; or (2) affect authority under section 8(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j(b)). (e) Information about a financial transaction exempt under subsection (c) of this section or a financial transaction under section 8(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j(b)) may be reviewed by the Permanent Select Committee on Intelligence of the House and the Select Committee on Intelligence of the Senate. (f) Subsections (a)(1) and (d)(1) of this section may be superseded only by a law enacted after April 3, 1980, specifically repealing or amending this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 963.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3524(a)(1) 31:67(f)(1)(1st Sept. 12, 1950, ch. sentence). 946, 64 Stat. 832, Sec. 117(f); added Apr. 3, 1980, Pub. L. 96-226, Sec. 101, 94 Stat. 311. 3524(a)(2) 31:67(f)(2). 3524(b) 31:67(f)(4). 3524(c) 31:67(f)(3)(B). 3524(d) 31:67(f)(1)(last sentence), (3)(A). 3524(e) 31:67(f)(3)(C). 3524(f) 31:67(f)(1)(2d sentence). ------------------------------- In subsection (a)(1), the words 'Notwithstanding any provision of law' are omitted as unnecessary. The words 'may audit' are added for clarity and for consistency in the revised section and chapter. The words 'as may be necessary to enable him' and 'in fact, actually' are omitted as surplus. The words 'Records . . . shall be made available' are substituted for 'shall have access to such books, documents, papers, records' for consistency in the revised title and with other titles of the United States Code. In subsection (a)(2), the words 'With respect to any expenditure accounted for solely on the approval, authorization, or certificate of the President of the United States or an official of an executive agency and notwithstanding any provision of law' are omitted because of the restatement. The words 'in question' are omitted as surplus. In subsection (b), the words 'Before December 1 of each year' are substituted for 'Not later than sixty days after the beginning of each fiscal year' for clarity. The words 'starting on or after October 1, 1980' are omitted as executed. The words 'audit by the Comptroller General under' and 'the Chairmen of' are omitted as surplus. In subsection (c), the words 'proceeding pursuant to the provisions of paragraph (1) of this subsection' and 'the safety of' are omitted as surplus. Subsection (d)(1) is substituted for 31:67(f)(1)(last sentence) to eliminate unnecessary words. In subsection (e), the words 'from the provisions of paragraph (1)' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 716 of this title. ------DocID 39380 Document 280 of 536------ -CITE- 31 USC Sec. 3525 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3525. Auditing nonappropriated fund activities -STATUTE- (a) The Comptroller General may audit - (1) the operations and accounts of each nonappropriated fund and related activities authorized or operated by the head of an executive agency to sell goods or services to United States Government personnel and their dependents; (2) accounting systems and internal controls of the fund and related activities; and (3) internal or independent audits or reviews of the fund and related activities. (b) The head of each executive agency promptly shall provide the Comptroller General with - (1) a copy of the annual report of a nonappropriated fund and related activities subject to this section when the Comptroller General - (A) requires a report for a designated class of each fund and related activities having gross sales receipts of more than $100,000 a year; or (B) specifically requests a report for another fund and related activities; and (2) a statement on the yearly financial operations, financial condition, and cash flow and other yearly information about the fund and related activities that the head of the agency and the Comptroller General agree on if the information is not included in the annual report. (c) Records and property of a fund and related activities subject to this section shall be made available to the Comptroller General to the extent the Comptroller General considers necessary. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 963.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3525(a) 31:135(a)(1st Jan. 2, 1975, Pub. sentence). L. 93-604, Sec. 301, 88 Stat. 1961. 3525(b) 31:135(b). 3525(c) 31:135(a)(last sentence). ------------------------------- In the section, the words 'the head of' are added for consistency. In subsection (a), before clause (1), the words 'unless otherwise provided by law' are omitted as surplus. The words 'may audit' are substituted for 'shall . . . be subject to review' for consistency. The words 'in accordance with such principles and procedures and under such rules and regulations as he may prescribe' are omitted as unnecessary because of section 711 of the revised title. In clause (1), the words '(including central funds)' and 'military or other . . . such as the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, Exchange Councils of the National Aeronautics and Space Administration, commissaries, clubs, and theaters' are omitted as surplus. In subsection (b), before clause (1), the words 'the Comptroller General' are added for clarity. In clause (1)(B), the words 'for another fund and related activities' are substituted for 'in any other case' for clarity. In subsection (c), the words 'and his duly authorized representatives' are omitted as unnecessary. The words 'Records . . . shall be made available' are substituted for 'shall have access to those books, accounts, records, documents, reports, files, and other papers, things' for consistency in the revised title and with other titles of the United States Code. ------DocID 39381 Document 281 of 536------ -CITE- 31 USC Sec. 3526 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3526. Settlement of accounts -STATUTE- (a) The Comptroller General shall settle all accounts of the United States Government and supervise the recovery of all debts finally certified by the Comptroller General as due the Government. (b) A decision of the Comptroller General under section 3529 of this title is conclusive on the Comptroller General when settling the account containing the payment. (c)(1) The Comptroller General shall settle an account of an accountable official within 3 years after the date the Comptroller General receives the account. A copy of the certificate of settlement shall be provided the official. (2) The settlement of an account is conclusive on the Comptroller General after 3 years after the account is received by the Comptroller General. However, an amount may be charged against the account after the 3-year period when the Government has or may have lost money because the official acted fraudulently or criminally. (3) A 3-year period under this subsection is suspended during a war. (4) This subsection does not prohibit - (A) recovery of public money illegally or erroneously paid; (B) recovery from an official of a balance due the Government under a settlement within the 3-year period; or (C) an official from clearing an account of questioned items as prescribed by law. (d) On settling an account of the Government, the balance certified by the Comptroller General is conclusive on the executive branch of the Government. On the initiative of the Comptroller General or on request of an individual whose accounts are settled or the head of the agency to which the account relates, the Comptroller General may change the account within a year after settlement. The decision of the Comptroller General to change the account is conclusive on the executive branch. (e) When an amount of money is expended under law for a treaty or relations with a foreign country, the President may - (1) authorize the amount to be accounted for each year specifically by settlement of the Comptroller General when the President decides the amount expended may be made public; or (2) make, or have the Secretary of State make, a certificate of the amount expended if the President decides the amount is not to be accounted for specifically. The certificate is a sufficient voucher for the amount stated in the certificate. (f) The Comptroller General shall keep all settled accounts, vouchers, certificates, and related papers until they are disposed of as prescribed by law. (g) This subchapter does not prohibit the Comptroller General from suspending an item in an account to get additional evidence or explanations needed to settle an account. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 964.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3526(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par.), 42 Stat. 24. 31:71(related to R.S. Sec. accounts). 236(related to accounts); restated June 10, 1921, ch. 18, Sec. 305, 42 Stat. 24. 31:538. June 5, 1920, ch. 240(3d par. under heading 'Advances to Disbursing Officers'), 41 Stat. 975. 31:541. June 19, 1878, ch. 312, Sec. 3, 20 Stat. 168. 3526(b) 31:44(1st sentence). 31:74(last par. July 31, 1894, ch. words after 4th 174, Sec. 8(1st comma). par. less proviso, 3d par. 1st sentence words after semicolon, 4th par., 6th par. words after 4th comma), 28 Stat. 207, 208; Oct. 25, 1951, ch. 562, Sec. 3(1), 65 Stat. 639. 3526(c) 31:82i. May 19, 1947, ch. 78, 61 Stat. 101; June 6, 1972, Pub. L. 92-310, Sec. 231(ee), 86 Stat. 213. 3526(d) 31:44. 31:74(1st par. 1st sentence). 3526(e) 31:44(1st sentence). 31:107. R.S. Sec. 291. 3526(f) 31:44(1st sentence). 31:74(2d par.). 3526(g) 31:44(1st sentence). 31:74(1st par. last sentence). ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (a), the text of 31:538 and 541 is omitted as executed and obsolete. The words 'either as debtor or creditor' in 31:71(related to accounts) and 'and adjusted' are omitted as surplus. The last 17 words are added to restate that part of section 4 of the Act of July 31, 1894 (ch. 174, 28 Stat. 206), that was inadvertently repealed in the codification of title 5. Subsection (b) is substituted for 31:74(last par. words after 4th comma) for clarity and consistency and because of the restatement. In subsection (c)(1), the words 'Effective three years after May 19, 1947' are omitted as executed. The words 'monthly or quarterly . . . disbursing . . . or certifying' are omitted as surplus. The word 'official' is substituted for 'officer' for consistency in the revised title and with other titles of the United States Code. The words 'a period of not to exceed', 'in each case', and 'involved' are omitted as surplus. In subsection (c)(2), the words 'final and', 'the expiration of', and 'date of' are omitted as surplus. The words 'However, an amount may be charged against the account after the 3-year period when' are substituted for 'to the extent that no further charges or debts shall be raised in such account thereafter except as to' for clarity and consistency. Subsection (c)(3) is substituted for 31:82i(last proviso) to eliminate unnecessary words. In subsection (c)(4), before clause (A), the words 'Provided, That' and 'Provided further, That' are omitted because of the restatement. In clause (A), the words 'from any payee' and 'to such payee' are omitted as surplus. In clause (B), the words 'disbursing, accountable, or certifying', 'found . . . made', and 'as provided in this section' are omitted as surplus. In clause (C), the words 'of his right at any time' and 'existing' are omitted as surplus. In subsection (d), the text of 31:44(last sentence) is omitted as executed. The words 'final and' are omitted as surplus. The words 'an account of the Government' are substituted for 'public' for consistency. The words 'On the initiative of' and 'after settlement' are added for clarity. In subsection (e), before clause (1), the words 'is expended' are substituted for 'has been or shall be issued, from the Treasury' for clarity. The words 'the purposes of' are omitted as surplus. The word 'country' is substituted for 'nations' for consistency in the revised title and with other titles of the Code. The words 'in pursuance of any law' are omitted as surplus. In clause (1), the word 'duly' is omitted as surplus. In clause (2), the words 'if the President decides the amount is not to be accounted for specifically' are substituted for 'as he may think it advisable not to specify' for clarity. The words 'to have been expended' are omitted as surplus. In subsection (f), the word 'settled' is substituted for 'which have been finally adjusted' for consistency. The words 'together with' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 716, 3323 of this title; title 16 section 831h; title 22 section 2671. ------DocID 39382 Document 282 of 536------ -CITE- 31 USC Sec. 3527 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3527. General authority to relieve accountable officials and agents from liability -STATUTE- (a) Except as provided in subsection (b) of this section, the Comptroller General may relieve a present or former accountable official or agent of an agency responsible for the physical loss or deficiency of public money, vouchers, checks, securities, or records, or may authorize reimbursement from an appropriation or fund available for the activity in which the loss or deficiency occurred for the amount of the loss or deficiency paid by the official or agent as restitution, when - (1) the head of the agency decides that - (A) the official or agent was carrying out official duties when the loss or deficiency occurred, or the loss or deficiency occurred because of an act or failure to act by a subordinate of the official or agent; and (B) the loss or deficiency was not the result of fault or negligence by the official or agent; (2) the loss or deficiency was not the result of an illegal or incorrect payment; and (3) the Comptroller General agrees with the decision of the head of the agency. (b)(1) The Comptroller General shall relieve a disbursing official of the armed forces responsible for the physical loss or deficiency of public money, vouchers, or records, or shall authorize reimbursement, from an appropriation or fund available for reimbursement, of the amount of the loss or deficiency paid by or for the official as restitution, when - (A) the Secretary of Defense or the appropriate Secretary of the military department of the Department of Defense decides that the official was carrying out official duties when the loss or deficiency occurred; (B) the loss or deficiency was not the result of an illegal or incorrect payment; and (C) the loss or deficiency was not the result of fault or negligence by the official. (2) The finding of the Secretary involved is conclusive on the Comptroller General. (c) On the initiative of the Comptroller General or written recommendation of the head of an agency, the Comptroller General may relieve a present or former disbursing official of the agency responsible for a deficiency in an account because of an illegal, improper, or incorrect payment, and credit the account for the deficiency, when the Comptroller General decides that the payment was not the result of bad faith or lack of reasonable care by the official. However, the Comptroller General may deny relief when the Comptroller General decides the head of the agency did not carry out diligently collection action under procedures prescribed by the Comptroller General. (d)(1) When the Comptroller General decides it is necessary to adjust the account of an official or agent granted relief under subsection (a) or (c) of this section, the amount of the relief shall be charged - (A) to an appropriation specifically provided to be charged; or (B) if no specific appropriation, to the appropriation or fund available for the expense of the accountable function when the adjustment is carried out. (2) Subsection (c) of this section does not - (A) affect the liability, or authorize the relief, of a payee, beneficiary, or recipient of an illegal, improper, or incorrect payment; or (B) relieve an accountable official, the head of an agency, or the Comptroller General of responsibility in carrying out collection action against a payee, beneficiary, or recipient. (e) Relief provided under this section is in addition to relief provided under another law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 965.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3527(a) 31:82a-1(1st, 2d Aug. 1, 1947, ch. sentences). 441, Sec. 1, 61 Stat. 720; Aug. 9, 1955, ch. 694, 69 Stat. 626. 3527(b) 31:95a(1st-3d Dec. 13, 1944, ch. sentences). 552, 58 Stat. 800; restated Aug. 11, 1955, ch. 803, Sec. 2(a), 69 Stat. 687. 3527(c) 31:82a-2(a). Aug. 11, 1955, ch. 803, Sec. 1, 69 Stat. 687. 3527(d)(1) 31:82a-1(last sentence). 31:82a-2(c). 3527(d)(2) 31:82a-2(b)(1st sentence). 3527(e) 31:82a-2(b)(last sentence). 31:95a(last sentence). ------------------------------- In the section, the word 'official' is substituted for 'officer', and the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the words 'Except as provided in subsection (b) of this section' are added for clarity. The words 'disbursing or other' are omitted as surplus. The words 'public money, vouchers, checks, securities, or records' are substituted for 'Government funds, vouchers, records, checks, securities, or papers' for consistency in the revised title and with other titles of the Code. The words 'subsequent to August 1, 1947' are omitted as executed. In clause (1)(A), the words 'carrying out' are substituted for 'acting in the discharge of' for consistency. The words 'failure to act' are substituted for 'omission' for clarity. Clause (2) is substituted for 31:82a-1(a)(2d sentence), and clause (3) is substituted for 31:82a-1(1st sentence words between 1st and 2d commas), to eliminate unnecessary words. In subsection (b)(1), before clause (A), the words 'armed forces' are substituted for 'Army, Navy, Air Force, or Marine Corps' for consistency with title 10. The words 'responsible for' are substituted for 'Whenever . . . incurs or has incurred' for consistency. The words 'public money, vouchers, or records' are substituted for 'Government funds, vouchers, records, or papers' for consistency in the revised title and with other titles of the Code. The word 'reimbursement' is substituted for 'that purpose' for clarity. In clause (A), the words 'the Secretary of Defense, or' are added for clarity because of Comptroller General decision B-201579 (Apr. 1, 1981). The words 'appropriate Secretary of the military department of the Department of Defense' are substituted for 'the Secretary of the department concerned', for clarity. The words 'carrying out official' are substituted for 'in line of his' for consistency. In clause (B), the words 'the loss or deficiency was not the result of an illegal or incorrect payment' are substituted for 31:95a(3d sentence) to eliminate unnecessary words. In subsection (b)(2), the word 'involved' is added for clarity because of Comptroller General decision B-201579, April 1, 1981. In subsection (c), the words 'or any officer of the General Accounting Office designated by the Comptroller General' are omitted as unnecessary because of section 731 of the revised title. The word 'initiative' is substituted for 'motion' for consistency. The words 'findings and' and 'concerned' are omitted as surplus. The words 'or his designee' are omitted as unnecessary because of section 731 of the revised title. The words 'in his discretion', 'of accountability and', 'official disbursing', and 'the making of' are omitted as surplus. The word 'reasonable' is substituted for 'due', the words 'the head of' are added, and the words 'carry out' are substituted for 'pursued', for consistency. In subsection (d)(1), before clause (A), the words 'restore or otherwise', and the words 'in . . . any amount' in 31:82a-2(c), are omitted as surplus. In clause (A), the words 'to be charged' are substituted for 'therefor' for clarity. In clause (B), the words 'carried out' are substituted for 'effected' for consistency. Subsection (e) is substituted for 31:82a-2(b)(last sentence) and 95a(last sentence) to eliminate unnecessary words. ------DocID 39383 Document 283 of 536------ -CITE- 31 USC Sec. 3528 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3528. Responsibilities and relief from liability of certifying officials -STATUTE- (a) A certifying official certifying a voucher is responsible for - (1) information stated in the certificate, voucher, and supporting records; (2) the computation of a certified voucher under this section and section 3325 of this title; (3) the legality of a proposed payment under the appropriation or fund involved; and (4) repaying a payment - (A) illegal, improper, or incorrect because of an inaccurate or misleading certificate; (B) prohibited by law; or (C) that does not represent a legal obligation under the appropriation or fund involved. (b)(1) The Comptroller General may relieve a certifying official from liability when the Comptroller General decides that - (A) the certification was based on official records and the official did not know, and by reasonable diligence and inquiry could not have discovered, the correct information; or (B)(i) the obligation was incurred in good faith; (ii) no law specifically prohibited the payment; and (iii) the United States Government received value for payment. (2) The Comptroller General may deny relief when the Comptroller General decides the head of the agency did not carry out diligently collection action under procedures prescribed by the Comptroller General. (c) The Comptroller General shall relieve a certifying official from liability for an overpayment - (1) to a common carrier under section 3726 of this title when the Comptroller General decides the overpayment occurred only because the administrative audit before payment did not verify transportation rates, freight classifications, or land-grant deductions; or (2) provided under a Government bill of lading or transportation request when the overpayment was the result of using improper transportation rates or classifications or the failure to deduct the proper amount under a land-grant law or agreement. (d) This section does not apply to disbursements of a military department of the Department of Defense, except disbursements for departmental pay and expenses in the District of Columbia. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 966; Pub. L. 98-216, Sec. 1(4), Feb. 14, 1984, 98 Stat. 4.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3528(a) 31:82c(less Dec. 29, 1941, ch. provisos). 641, Sec. 2, 55 Stat. 875; June 6, 1972, Pub. L. 92- 310, Sec. 231(cc), 86 Stat. 213. 31:82f(related to Apr. 28, 1942, ch. certifying 247, Sec. 301(1st officers). par. proviso under heading 'Bureau of Accounts' related to certifying officers), 56 Stat. 244. 3528(b) 31:82c(1st proviso). 3528(c) 31:82c(last proviso). 31:82g(related to June 1, 1942, ch. certifying 320(related to officers). certifying officers), 56 Stat. 306. 3528(d) 31:82e(related to Dec. 29, 1941, ch. 31:82c). 641, Sec. 4(related to Sec. 2), 55 Stat. 876. ------------------------------- In the section, the word 'official' is substituted for 'officer or employee' and 'officer' for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the words 'the existence and correctness of' are omitted as surplus. In clause (1), the words 'or otherwise stated on' are omitted as surplus. The word 'records' is substituted for 'papers' for consistency. Clause (2) is substituted for 31:82f(related to certifying officers) because of the restatement. In clause (4), before subclause (A), the word 'repaying' is substituted for 'and required to make good to the United States' to eliminate unnecessary words. The words 'the amount of' are omitted as surplus. In subclause (A), the word 'inaccurate' is substituted for 'false, inaccurate' to eliminate an unnecessary word. The words 'made by him' are omitted as surplus. In subsection (b), before clause (1), the words 'in his discretion' and 'for any payment otherwise proper' are omitted as surplus. Clause (2)(B) is substituted for 'the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved' to eliminate unnecessary words. In subsection (c), before clause (1), the word 'services' in 31:82c(last proviso) is omitted as surplus. The words 'On and after June 1, 1942' in 31:82g(related to certifying officers) are omitted as executed. The word 'audit' is substituted for 'examination' for consistency in the revised title and with other titles of the Code. The words 'of the transportation bill' are omitted as surplus. In clause (2), the words 'equalization and other' in 31:82g are omitted as surplus. In subsection (d), the words 'under the jurisdiction' are omitted as surplus. The words 'a military department of the Department of Defense' are substituted for 'the Department of the Army, the Navy Department (including the Marine Corps)' for consistency with title 10. The words 'and the Panama Canal' (subsequently changed to 'the Canal Zone Government' by section 2(a)(1) of the Act of September 26, 1950 (ch. 1049, 64 Stat. 1038)) are omitted because of the Panama Canal Act of 1979 (Pub. L. 96-70, 93 Stat. 452). The word 'pay' is substituted for 'salaries' for consistency in the revised title and with other titles of the Code. 1984 ACT This clarifies section 3528(b) by restoring the authority of the Comptroller General to deny relief to certifying officials in the same way relief may be denied to disbursing officials. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-216 designated existing provisions as par. (1), substituted designations of subpars. (A) and (B) and cls. (i), (ii), and (iii) for former designations of pars. (1) and (2) and subpars. (A), (B), and (C), respectively, and added par. (2). EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section 4(c) of Pub. L. 98-216, set out as a note under section 490 of Title 18, Crimes and Criminal Procedure. ------DocID 39384 Document 284 of 536------ -CITE- 31 USC Sec. 3529 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3529. Requests for decisions of the Comptroller General -STATUTE- (a) A disbursing or certifying official or the head of an agency may request a decision from the Comptroller General on a question involving - (1) a payment the disbursing official or head of the agency will make; or (2) a voucher presented to a certifying official for certification. (b) The Comptroller General shall issue a decision requested under this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 967.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3529 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:74(last par. July 31, 1894, ch. words before 4th 174, Sec. 8(6th comma). par. words before 4th comma), 28 Stat. 208. 31:82d(words after Dec. 29, 1941, ch. semicolon). 641, Sec. 3(words after semicolon), 4(related to Sec. 3 ), 55 Stat. 876. 31:82e(related to 31:82d). ------------------------------- In subsection (a), before clause (1), the text of 31:82e(related to 82d) is omitted as unnecessary because it does not apply to 31:82d. The words 'of law' in 31:82d(words after semicolon) are omitted as surplus. In clause (1), the words 'or under them' in 31:74(last par. words before 4th comma) are omitted as unnecessary. In clause (2), the words 'a payment on' in 31:82d(words after semicolon) are omitted as surplus. In subsection (b), the word 'issue' is substituted for 'render' in 31:74(last par. words before 4th comma) and 'obtain' in 31:82d(words after semicolon) because of the restatement. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3526 of this title. ------DocID 39385 Document 285 of 536------ -CITE- 31 USC Sec. 3530 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3530. Adjusting accounts -STATUTE- (a) An appropriation or fund currently available for the expense of an accountable function shall be charged with an amount necessary to adjust an account of an accountable official or agent when - (1) necessary to adjust the account for a loss to the United States Government resulting from the fault or negligence of the official or agent; and (2) the head of the agency decides the loss is uncollectable. (b) An adjustment does not affect the personal financial liability of an official or agent for the loss. (c) The Comptroller General shall prescribe regulations to carry out subsection (a) of this section. (d) Under procedures prescribed by the Comptroller General, the head of an agency may charge the net amount of unpaid and overpaid balances in individual pay accounts against the appropriation for the fiscal year in which the balances occurred and from which the accounts were payable. The net amount shall be credited to and paid from the corresponding appropriation for the next fiscal year. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 967.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3530(a) 31:1202(a)(1st June 6, 1972, Pub. sentence). L. 92-310, Sec. 102, 86 Stat. 201. 3530(b) 31:1202(a)(last sentence). 3530(c) 31:1202(b). 3530(d) 31:581d. July 15, 1954, ch. 509, Sec. 3(a), 68 Stat. 483. ------------------------------- In subsection (a), before clause (1), the words 'restore or otherwise' are omitted as surplus. The word 'currently' is substituted for 'at the time the restoration or adjustment is made' to eliminate unnecessary words. The word 'official' is substituted for 'officer' for consistency in the revised title and with other titles of the United States Code. In clause (2), the words 'concerned' and 'the amount of' are omitted as surplus. In subsection (b), the words 'restoration or' are omitted as surplus and because of the restatement. In subsections (c) and (d), the words 'of the United States' are omitted as surplus. In subsection (c), the words 'and issue' are omitted as surplus. The words 'to carry out subsection (a) of this section' are substituted for 'The restorations and adjustments provided for by subsection (a) of this section shall be made in accordance with' to eliminate unnecessary words. In subsection (d), the word 'settlement' is omitted as surplus. The words 'the Secretary of the department concerned or . . . or independent establishment concerned' are omitted as unnecessary because of the restatement. The word 'occurring' is omitted as surplus. The word 'accounts' is substituted for 'amount' before 'was payable' for clarity. The word 'succeeding' is omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 5514. ------DocID 39386 Document 286 of 536------ -CITE- 31 USC Sec. 3531 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3531. Property returns -STATUTE- (a) The head of an executive department - (1) shall certify to the Comptroller General a charge against an official or agent entrusted with public property for the department resulting from a loss to the United States Government from the property because of fault of the official or agent; and (2) may not forward the property to the Comptroller General. (b)(1) A certificate under subsection (a) of this section shall state - (A) the condition of the property; (B) that the official or agent has had a reasonable opportunity to be heard but has not been relieved of liability; and (C) that the certificate includes all charges not certified previously. (2) The effect of information in the certificate is the same as if the Comptroller General had discovered the information when auditing the account. The Comptroller General shall charge the appropriate account for the amount of the loss. (c) Except as provided in subsection (a) of this section, this section does not affect the way a property return is made or liability for property is decided. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 967.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3531(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:89(less debiting). Mar. 29, 1894, ch. 49, Sec. 1-4, 28 Stat. 47. 31:92. 3531(b)(1) 31:90(words before semicolon). 31:91(words after semicolon). 3531(b)(2) 31:44(1st sentence). 31:89(related to debiting). 31:90(words after semicolon). 3531(c) 31:91(words before semicolon). ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. The word 'official' is substituted for 'officer' for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the text of 31:92 is omitted as unnecessary. The words 'the head of an executive department' are substituted for 'the Quartermaster-General, the Commissary-General of Subsistence, (subsequently changed to 'the Quartermaster General' by section 3 of the Act of August 24, 1912 (ch. 391, 37 Stat. 591)), the Surgeon General, the Chief of Engineers, the Chief of Ordnance, the Chief Signal Officer, the Paymaster General of the Navy, the Commissioner of Indian Affairs, or other like chief officers in any department' to eliminate unnecessary words and because of the restatement. In clause (1), the words 'for the department' are substituted for 'by, through, or under whom stores, supplies, and other public property are received for distribution, or whose duty it is to receive or examine returns of such property' for clarity and to eliminate unnecessary words. The words 'so intrusted to him' are omitted as surplus. In subsection (b)(1), the text of 31:91(words after semicolon) and the words 'of such officer's or agent's' and 'made up to its date' in 31:90 are omitted as surplus. In subsection (b)(2), the words 'information in' are added for clarity. The words 'when received' and 'therein set forth' are omitted as surplus. The words 'auditing the account' are substituted for 'accounting' for consistency. The words 'for debiting on one proper account' are omitted as surplus. In subsection (c), the words 'to or in any administrative bureau or department' and 'under existing laws and regulations' are omitted as surplus. ------DocID 39387 Document 287 of 536------ -CITE- 31 USC Sec. 3532 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER III -HEAD- Sec. 3532. Notification of account deficiencies -STATUTE- An accounting official discovering a deficiency in an account of an official of the United States Government having custody of public money shall notify the head of the agency having jurisdiction of the official of the kind and amount of the deficiency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3532 31:497a. June 6, 1972, Pub. L. 92-310, Sec. 260, 86 Stat. 215. ------------------------------- The word 'official' is substituted for 'officers', and the word 'Government' is added, for consistency in the revised title and with other titles of the United States Code. The words 'having custody of public money' are substituted for 'or in the accounts of any officer disbursing or chargeable with public money' for clarity and consistency. The words 'immediately' and 'the affairs of . . . or officer' are omitted as surplus. ------DocID 39388 Document 288 of 536------ -CITE- 31 USC SUBCHAPTER IV -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - COLLECTION ------DocID 39389 Document 289 of 536------ -CITE- 31 USC Sec. 3541 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER IV -HEAD- Sec. 3541. Distress warrants -STATUTE- (a) When an official receiving public money before it is paid to the Treasury or a disbursing or certifying official of the United States Government does not submit an account or pay the money as prescribed by law, the Comptroller General shall make the account for the official and certify to the Secretary of the Treasury the amount due the Government. (b) The Secretary shall issue a distress warrant against the official stating the amount due from the official and any amount paid. The warrant shall be directed to the marshal of the district in which the official resides. If the Secretary intends to take and sell the property of an official that is located in a district other than where the official resides, the warrant shall be directed to the marshal of the district in which the official resides and the marshal of the district in which the property is located. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3541(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:82d(words before Dec. 29, 1941, ch. semicolon). 641, Sec. 3(words before semicolon), 55 Stat. 876. 31:506(1st sentence R.S. Sec. 3625; Feb. words before 8th 27, 1877, ch. comma). 69(9th complete par. on p. 249), 19 Stat. 249; July 31, 1894, ch. 174, Sec. 4(5th par.), 28 Stat. 206; June 6, 1972, Pub. L. 92- 310, Sec. 231(k), 86 Stat. 210. 31:514. R.S. Sec. 3633; July 31, 1894, ch. 174, Sec. 4(last par.), 28 Stat. 206. 31:516. R.S. 3634; June 6, 1972, Pub. L. 92- 310, Sec. 231(q), 86 Stat. 210. 3541(b) 31:506(1st sentence words after 8th comma, last sentence). 31:507. R.S. Sec. 3626. ------------------------------- In the section, the word 'official' is substituted for 'officer' for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words 'any collector of the revenue, receiver of public money, or other' in 31:506(1st sentence words before 8th comma) are omitted as surplus. The words 'or a disbursing or certifying official' are substituted for 31:82d(words before semicolon), 514, and 516 to eliminate unnecessary words. The words 'in the manner or within the time' in 31:506(1st sentence words before 8th comma) are omitted as surplus. The words 'Comptroller General' are substituted for 'General Accounting Office' for consistency in the revised title and with other titles of the Code. The words 'exhibiting truly' are omitted as surplus. The words 'Secretary of the Treasury' are substituted for 'Solicitor of the Treasury' (subsequently changed to 'General Counsel for the Department of the Treasury' by section 512 of the Act of May 10, 1934 (ch. 277, 48 Stat. 759)) because of the source provisions restated in section 321(c) of the revised title. In subsection (b), the words 'delinquent' in 31:506(1st sentence words after 8th comma, last sentence) and 'if any, which have been' in 31:507 are omitted as surplus. The words 'If the Secretary intends to take and sell the property of an official that is located in a district other than where the official resides' are substituted for 'Where the officer resides in a district other than that in which his estate may be, which it is intended to take and sell' in 31:506 for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3542, 3543 of this title. ------DocID 39390 Document 290 of 536------ -CITE- 31 USC Sec. 3542 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER IV -HEAD- Sec. 3542. Carrying out distress warrants -STATUTE- (a) A marshal carrying out a distress warrant issued under section 3541 of this title shall seize the personal property of the official and sell the property after giving 10 days notice of the sale. Notice shall be given by posting an advertisement of the property to be sold in at least 2 public places in the town and county in which the property was taken or the town and county in which the owner of the property resides. If the property does not satisfy the amount due under the warrant, the official may be sent to prison until discharged by law. (b)(1) The amount due under a warrant is a lien on the real property of the official from the date the distress warrant is issued. The lien shall be recorded in the office of the clerk of the appropriate district court until discharged under law. (2) If the personal property of the official is not enough to satisfy a distress warrant, the marshal shall sell real property of the official after advertising the property for at least 3 weeks in at least 3 public places in the county or district where the property is located. A buyer of the real property has valid title against all persons claiming under the official. (c) The official shall receive that part of the proceeds of a sale remaining after the distress warrant is satisfied and the reasonable costs and charges of the sale are paid. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3542(a) 31:508. R.S. Sec. 3627. 3542(b)(1) 31:510. R.S. Sec. 3629; June 6, 1972, Pub. L. 92- 310, Sec. 231(m), 86 Stat. 210. 3542(b)(2) 31:511. R.S. Sec. 3630; June 6, 1972, Pub. L. 92- 310, Sec. 231(n), 86 Stat. 210. 31:512. R.S. Sec. 3631; June 6, 1972, Pub. L. 92- 310, Sec. 231(o), 86 Stat. 210. 3542(c) 31:513. R.S. Sec. 3632; June 6, 1972, Pub. L. 92- 310, Sec. 231(p), 86 Stat. 210. ------------------------------- In the section, the word 'delinquent' is omitted as surplus. In subsection (a), the words 'issued under section 3541 of this title' are added for clarity. The words 'by himself or by his deputy, proceed to levy and collect the sum remaining due, by' are omitted as surplus. The words 'seize the personal property' are substituted for 'distress . . . of the goods and chattels' for clarity. The word 'intended' is omitted as surplus. The last sentence is substituted for 31:508(last sentence) to eliminate unnecessary words. In subsection (b), the words 'real property' are substituted for 'lands, tenements, and hereditaments' for clarity. In subsection (b)(1), the words 'by any delinquent officer', 'declared to be', 'of a levy in pursuance of', and 'against him' are omitted as surplus. In subsection (b)(2), the words 'personal property' are substituted for 'goods and chattels' for consistency. The words 'issued pursuant to sections 506 to 510 of this title' are omitted because of the restatement. The words 'or so much thereof as may be necessary for that purpose' and 'of such district or his deputy' are omitted as unnecessary. The last sentence is substituted for 31:512 to eliminate unnecessary words. In subsection (c), the words 'that part' are substituted for 'All moneys' for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3543 of this title. ------DocID 39391 Document 291 of 536------ -CITE- 31 USC Sec. 3543 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER IV -HEAD- Sec. 3543. Postponing a distress warrant proceeding -STATUTE- (a) A distress warrant proceeding may be postponed for a reasonable time if the Secretary of the Treasury believes the public interest will not be harmed by the postponement. (b)(1) A person adversely affected by a distress warrant issued under section 3541 of this title may bring a civil action in a district court of the United States. The complaint shall state the kind and extent of the harm. The court may grant an injunction to stay any part of a distress warrant proceeding required by the action after the person applying for the injunction gives a bond in an amount the court prescribes for carrying out a judgment. (2) An injunction under this subsection does not affect a lien under section 3542(b)(1) of this title. The United States Government is not required to answer in a civil action brought under this subsection. (3) If the court dissolves the injunction on a finding that the civil action for the injunction was brought only for delay, the court may increase the interest rate imposed on amounts found due against the complainant to not more than 10 percent a year. The judge may grant or dissolve an injunction under this subsection either in or out of court. (c) A person adversely affected by a refusal to grant an injunction or by dissolving an injunction under subsection (b) of this section may petition a judge of a circuit court of appeals in which the district is located or the Supreme Court justice allotted to that circuit by giving the judge or justice a copy of the proceeding held before the district judge. The judge or justice may grant an injunction or allow an appeal if the judge or justice finds the case requires it. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3543(a) 31:517. R.S. Sec. 3635. 3543(b) 31:518. R.S. Sec. 3636. 3543(c) 31:519. R.S. Sec. 3637. ------------------------------- In subsection (a), the words 'With the approval of' and 'the institution of' are omitted as surplus. In subsections (b) and (c), the words 'person adversely affected' are substituted for 'person who considers himself aggrieved' for consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), the words 'bring a civil action . . . court' are substituted for 'prefer a bill of complaint . . . judge' for consistency in the revised title and with other titles of the Code. The words 'of which he complains' are omitted as surplus. The words 'any part of a distress warrant proceeding' are substituted for 'proceedings on such warrant altogether, or for so much thereof as the nature of' to eliminate unnecessary words. The words 'with sufficient security' and 'as may be awarded against him' are omitted as surplus. In subsection (b)(2), the words 'in any manner' are omitted as surplus. The words 'under section 3542(b)(1) of this title' are substituted for 'produced by the issuing of the warrant' for clarity. The last sentence is substituted for 31:518(2d sentence words before semicolon) to eliminate unnecessary words. In subsection (b)(3), the words 'on a finding' are substituted for 'it appears to the satisfaction of the judge' for clarity and consistency and to eliminate unnecessary words. The words 'civil action' are substituted for 'application' for consistency. The words 'increase the interest rate imposed . . . to' are substituted for 'add to the lawful interest assessed . . . such damages as, with such lawful interest, shall' to eliminate unnecessary words. The words 'all' and 'district' are omitted as surplus. In subsection (c), the text of R.S. Sec. 3637(last sentence) is omitted as obsolete because of section 289 of the Act of March 3, 1911 (ch. 231, 36 Stat. 1167). The words 'When the district judge', 'to stay proceedings on a distress warrant', 'after it is granted', and 'by the decision in the premises', are omitted as surplus. The words 'may petition . . . by giving the judge or justice' are substituted for 'may lay before' for clarity. The words 'judge of a circuit court of appeals' are substituted for 'circuit judge of the circuit' for consistency with 28:43. The words 'Supreme Court justice allotted to that district' are substituted for 'circuit justice' for clarity and consistency with 28:42. The words 'and thereupon', 'as the case may be', and 'the equity of' are omitted as surplus. ------DocID 39392 Document 292 of 536------ -CITE- 31 USC Sec. 3544 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER IV -HEAD- Sec. 3544. Rights and remedies of the United States Government reserved -STATUTE- This subchapter does not affect a right or remedy the United States Government has by law to recover a tax, debt, or demand. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 969.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3544 31:520. R.S. Sec. 3638. ------------------------------- The words 'relating to distress warrants' and 'take away or' are omitted as surplus. ------DocID 39393 Document 293 of 536------ -CITE- 31 USC Sec. 3545 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER IV -HEAD- Sec. 3545. Civil action to recover money -STATUTE- The Attorney General shall bring a civil action to recover an amount due to the United States Government on settlement of the account of a person accountable for public money when the person neglects or refuses to pay the amount to the Treasury. Any commission of that person and interest of 6 percent a year from the time the money is received by the person until repaid to the Treasury shall be added to the amount due on the account. The commission is forfeited when judgment is obtained. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 969.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3545 31:505. R.S. Sec. 3624. ------------------------------- The functions of the First Comptroller of the Treasury, referred to in Revised Statutes section 3624, were as a matter of law vested in the Solicitor of the Treasury by Revised Statutes sections 377 and 379 (based on the Act of May 28, 1830, ch. 153, 45 Stat. 414). This function is now vested in the Attorney General. See 28:507 as enacted in 1948 and revision notes thereto and existing 28:519, 547, and 509. The words 'bring a civil action' are substituted for 'institute suit' for consistency in the revised title and with other titles of the United States Code. The word 'amount' is substituted for 'sum or balance' to eliminate unnecessary words. The words 'reported to be' are omitted as surplus. The word 'settlement' is substituted for 'adjustment' for consistency. The words 'by the person' are added for clarity. The words 'stated to be', 'in every instance where suit is commenced and . . . thereon', and 'it shall be' are omitted as surplus. ------DocID 39394 Document 294 of 536------ -CITE- 31 USC SUBCHAPTER V -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER V -HEAD- SUBCHAPTER V - PROCUREMENT PROTEST SYSTEM -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 1558 of this title; title 40 section 759. ------DocID 39395 Document 295 of 536------ -CITE- 31 USC Sec. 3551 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER V -HEAD- Sec. 3551. Definitions -STATUTE- In this subchapter - (1) 'protest' means a written objection by an interested party to a solicitation by an (FOOTNOTE 1) Federal agency for bids or proposals for a proposed contract for the procurement of property or services or a written objection by an interested party to a proposed award or the award of such a contract; (FOOTNOTE 1) So in original. Probably should be 'a'. (2) 'interested party', with respect to a contract or proposed contract described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract; and (3) 'Federal agency' has the meaning given such term by section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). -SOURCE- (Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18, 1984, 98 Stat. 1199, and amended Pub. L. 99-145, title XIII, Sec. 1304(d), Nov. 8, 1985, 99 Stat. 742.) -MISC1- AMENDMENTS 1985 - Par. (1). Pub. L. 99-145 substituted 'Federal agency' for 'executive agency'. EFFECTIVE DATE Section applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) of Pub. L. 98-369, set out as a note under section 251 of Title 41, Public Contracts. ------DocID 39396 Document 296 of 536------ -CITE- 31 USC Sec. 3552 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER V -HEAD- Sec. 3552. Protests by interested parties concerning procurement actions -STATUTE- A protest concerning an alleged violation of a procurement statute or regulation shall be decided by the Comptroller General if filed in accordance with this subchapter. An interested party who has filed a protest under section 111(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(h)) (FOOTNOTE 1) with respect to a procurement or proposed procurement may not file a protest with respect to that procurement under this subchapter. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18, 1984, 98 Stat. 1199.) -REFTEXT- REFERENCES IN TEXT Section 111(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(h)), referred to in text, was redesignated section 111(f) of that Act (40 U.S.C. 759(f)) by Pub. L. 99-500, Sec. 101(m) (title VIII, Sec. 821(b)(1)(B)), Oct. 18, 1986, 100 Stat. 1783-308, 1783-342, and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 821(b)(1)(B)), Oct. 30, 1986, 100 Stat. 3341-308, 3341-342. -MISC2- EFFECTIVE DATE Section applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) of Pub. L. 98-369, set out as a note under section 251 of Title 41, Public Contracts. ------DocID 39397 Document 297 of 536------ -CITE- 31 USC Sec. 3553 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER V -HEAD- Sec. 3553. Review of protests; effect on contracts pending decision -STATUTE- (a) Under procedures prescribed under section 3555 of this title, the Comptroller General shall decide a protest submitted to the Comptroller General by an interested party. (b)(1) Within one working day of the receipt of a protest, the Comptroller General shall notify the Federal agency involved of the protest. (2) Except as provided in paragraph (3) of this subsection, a Federal agency receiving a notice of a protested procurement under paragraph (1) of this subsection shall submit to the Comptroller General a complete report (including all relevant documents) on the protested procurement - (A) within 25 working days from the date of the agency's receipt of that notice; (B) if the Comptroller General, upon a showing by the Federal agency, determines (and states the reasons in writing) that the specific circumstances of the protest require a longer period, within the longer period determined by the Comptroller General; or (C) in a case determined by the Comptroller General to be suitable for the express option under section 3554(a)(2) of this title, within 10 working days from the date of the Federal agency's receipt of that determination. (3) A Federal agency need not submit a report to the Comptroller General pursuant to paragraph (2) of this subsection if the agency is sooner notified by the Comptroller General that the protest concerned has been dismissed under section 3554(a)(3) of this title. (c)(1) Except as provided in paragraph (2) of this subsection, a contract may not be awarded in any procurement after the Federal agency has received notice of a protest with respect to such procurement from the Comptroller General and while the protest is pending. (2) The head of the procuring activity responsible for award of a contract may authorize the award of the contract (notwithstanding a protest of which the Federal agency has notice under this section) - (A) upon a written finding that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General under this subchapter; and (B) after the Comptroller General is advised of that finding. (3) A finding may not be made under paragraph (2)(A) of this subsection unless the award of the contract is otherwise likely to occur within 30 days thereafter. (d)(1) If a Federal agency receives notice of a protest under this section after the contract has been awarded but within 10 days of the date of the contract award, the Federal agency (except as provided under paragraph (2)) shall, upon receipt of that notice, immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract. Performance of the contract may not be resumed while the protest is pending. (2) The head of the procuring activity responsible for award of a contract may authorize the performance of the contract (notwithstanding a protest of which the Federal agency has notice under this section) - (A) upon a written finding - (i) that performance of the contract is in the best interests of the United States; or (ii) that urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General concerning the protest; and (B) after the Comptroller General is notified of that finding. (e) The authority of the head of the procuring activity to make findings and to authorize the award and performance of contracts under subsections (c) and (d) of this section may not be delegated. (f) Within such deadlines as the Comptroller General prescribes, upon request each Federal agency shall provide to an interested party any document relevant to a protested procurement action (including the report required by subsection (b)(2) of this section) that would not give that party a competitive advantage and that the party is otherwise authorized by law to receive. -SOURCE- (Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18, 1984, 98 Stat. 1200.) -MISC1- EFFECTIVE DATE Section applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) of Pub. L. 98-369, set out as a note under section 251 of Title 41, Public Contracts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3554, 3556 of this title. ------DocID 39398 Document 298 of 536------ -CITE- 31 USC Sec. 3554 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER V -HEAD- Sec. 3554. Decisions on protests -STATUTE- (a)(1) To the maximum extent practicable, the Comptroller General shall provide for the inexpensive and expeditious resolution of protests under this subchapter. Except as provided under paragraph (2) of this subsection, the Comptroller General shall issue a final decision concerning a protest within 90 working days from the date the protest is submitted to the Comptroller General. (2) The Comptroller General shall, by regulation prescribed pursuant to section 3555 of this title, establish an express option for deciding those protests which the Comptroller General determines suitable for resolution within 45 calendar days from the date the protest is submitted. (3) The Comptroller General may dismiss a protest that the Comptroller General determines is frivolous or which, on its face, does not state a valid basis for protest. (b)(1) With respect to a solicitation for a contract, or a proposed award or the award of a contract, protested under this subchapter, the Comptroller General may determine whether the solicitation, proposed award, or award complies with statute and regulation. If the Comptroller General determines that the solicitation, proposed award, or award does not comply with a statute or regulation, the Comptroller General shall recommend that the Federal agency - (A) refrain from exercising any of its options under the contract; (B) recompete the contract immediately; (C) issue a new solicitation; (D) terminate the contract; (E) award a contract consistent with the requirements of such statute and regulation; (F) implement any combination of recommendations under clauses (A), (B), (C), (D), and (E); or (G) implement such other recommendations as the Comptroller General determines to be necessary in order to promote compliance with procurement statutes and regulations. (2) If the head of the procuring activity responsible for a contract makes a finding under section 3553(d)(2)(A)(i) of this title, the Comptroller General shall make recommendations under this subsection without regard to any cost or disruption from terminating, recompeting, or reawarding the contract. (c)(1) If the Comptroller General determines that a solicitation for a contract or a proposed award or the award of a contract does not comply with a statute or regulation, the Comptroller General may declare an appropriate interested party to be entitled to the costs of - (A) filing and pursuing the protest, including reasonable attorneys' fees; and (B) bid and proposal preparation. (2) Monetary awards to which a party is declared to be entitled under paragraph (1) of this subsection shall be paid promptly by the Federal agency concerned out of funds available to or for the use of the Federal agency for the procurement of property and services. (d) Each decision of the Comptroller General under this subchapter shall be signed by the Comptroller General or a designee for that purpose. A copy of the decision shall be made available to the interested parties, the head of the procuring activity responsible for the solicitation, proposed award, or award of the contract, and the senior procurement executive of the Federal agency involved. (e)(1) The head of the procuring activity responsible for the solicitation, proposed award, or award of the contract shall report to the Comptroller General, if the Federal agency has not fully implemented those recommendations within 60 days of receipt of the Comptroller General's recommendations under subsection (b) of this section. (2) Not later than January 31 of each year, the Comptroller General shall transmit to Congress a report describing each instance in which a Federal agency did not fully implement the Comptroller General's recommendations during the preceding fiscal year. -SOURCE- (Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18, 1984, 98 Stat. 1201, and amended Pub. L. 100-463, title VIII, Sec. 8139, Oct. 1, 1988, 102 Stat. 2270-47.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-463 struck out 'unless the Comptroller General determines and states in writing the reasons that the specific circumstances of the protest require a longer period' after 'submitted to the Comptroller General' before period at end. EFFECTIVE DATE Section applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) of Pub. L. 98-369, set out as a note under section 251 of Title 41, Public Contracts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3553, 3555, 3556 of this title. ------DocID 39399 Document 299 of 536------ -CITE- 31 USC Sec. 3555 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER V -HEAD- Sec. 3555. Regulations; authority of Comptroller General to verify assertions -STATUTE- (a) Not later than January 15, 1985, the Comptroller General shall prescribe such procedures as may be necessary to the expeditious decision of protests under this subchapter, including procedures for accelerated resolution of protests under the express option authorized by section 3554(a)(2) of this title. Such procedures shall provide that the protest process may not be delayed by the failure of a party to make a filing within the time provided for the filing. (b) The Comptroller General may use any authority available under chapter 7 of this title and this chapter to verify assertions made by parties in protests under this subchapter. -SOURCE- (Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18, 1984, 98 Stat. 1202.) -MISC1- EFFECTIVE DATE Section applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) of Pub. L. 98-369, set out as a note under section 251 of Title 41, Public Contracts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3553, 3554 of this title. ------DocID 39400 Document 300 of 536------ -CITE- 31 USC Sec. 3556 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 35 SUBCHAPTER V -HEAD- Sec. 3556. Nonexclusivity of remedies; matters included in agency record -STATUTE- This subchapter does not give the Comptroller General exclusive jurisdiction over protests, and nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in a district court of the United States or the United States Claims Court. In any such action based on a procurement or proposed procurement with respect to which a protest has been filed under this subchapter, the reports required by sections 3553(b)(2) and 3554(e)(1) of this title with respect to such procurement or proposed procurement and any decision or recommendation of the Comptroller General under this subchapter with respect to such procurement or proposed procurement shall be considered to be part of the agency record subject to review. -SOURCE- (Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18, 1984, 98 Stat. 1202.) -MISC1- EFFECTIVE DATE Section applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) of Pub. L. 98-369, set out as a note under section 251 of Title 41, Public Contracts. ------DocID 39401 Document 301 of 536------ -CITE- 31 USC CHAPTER 37 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 -HEAD- CHAPTER 37 - CLAIMS -MISC1- SUBCHAPTER I - GENERAL Sec. 3701. Definitions and application. 3702. Authority of the Comptroller General to settle claims. SUBCHAPTER II - CLAIMS OF THE UNITED STATES GOVERNMENT 3711. Collection and compromise. 3712. Time limitations for presenting certain claims of the Government. 3713. Priority of Government claims. 3714. Keeping money due States in default. 3715. Buying real property of a debtor. 3716. Administrative offset. 3717. Interest and penalty on claims. 3718. Contracts for collection services. 3719. Reports on debt collection activities. 3720. Collection of payments. 3720A. Reduction of tax refund by amount of debt. SUBCHAPTER III - CLAIMS AGAINST THE UNITED STATES GOVERNMENT 3721. Claims of personnel of agencies and the District of Columbia government for personal property damage or loss. 3722. Claims of officers and employees at Government penal and correctional institutions. 3723. Small claims for privately owned property damage or loss. 3724. Claims for damages caused by investigative or law enforcement officers of the Department of Justice. 3725. Claims of non-nationals for personal injury or death in a foreign country. 3726. Payment for transportation. 3727. Assignments of claims. 3728. Setoff against judgment. 3729. False claims. 3730. Civil actions for false claims. 3731. False claims procedure. 3732. False claims jurisdiction. 3733. Civil investigative demands. AMENDMENTS 1989 - Pub. L. 101-203, Sec. 1(b)(2), Dec. 7, 1989, 103 Stat. 1805, substituted 'investigative or law enforcement officers of the Department of Justice' for 'the Federal Bureau of Investigation' in item 3724. 1986 - Pub. L. 99-562, Sec. 6(b), Oct. 27, 1986, 100 Stat. 3168, added items 3732 and 3733. 1984 - Pub. L. 98-369, div. B, title VI, Sec. 2652(a)(2), 2653(a)(2), July 18, 1984, 98 Stat. 1152, 1154, added items 3720 and 3720A. 1983 - Pub. L. 97-452, Sec. 1(13)(B), (16)(B), Jan. 12, 1983, 96 Stat. 2470, 2474, inserted 'and application' in item 3701 and added items 3716-3719. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 20 section 1234a; title 42 sections 1395ccc, 5155. ------DocID 39402 Document 302 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL ------DocID 39403 Document 303 of 536------ -CITE- 31 USC Sec. 3701 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER I -HEAD- Sec. 3701. Definitions and application -STATUTE- (a) In this chapter - (1) 'administrative offset' means withholding money payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government. (2) 'calendar quarter' means a 3-month period beginning on January 1, April 1, July 1, or October 1. (3) 'consumer reporting agency' means - (A) a consumer reporting agency as that term is defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)); or (B) a person that, for money or on a cooperative basis, regularly - (i) gets information on consumers to give the information to a consumer reporting agency; or (ii) serves as a marketing agent under an arrangement allowing a third party to get the information from a consumer reporting agency. (4) 'executive or legislative agency' means a department, agency, or instrumentality in the executive or legislative branch of the Government. (5) 'military department' means the Departments of the Army, Navy, and Air Force. (6) 'system of records' has the same meaning given that term in section 552a(a)(5) of title 5. (7) 'uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, Commissioned Corps of the National Oceanic and Atmospheric Administration, and Commissioned Corps of the Public Health Service. (b) In subchapter II of this chapter, 'claim' includes amounts owing on account of loans insured or guaranteed by the Government and other amounts due the Government. (c) In sections 3716 and 3717 of this title, 'person' does not include an agency of the United States Government, of a State government, or of a unit of general local government. (d) Sections 3711(f) and 3716-3719 of this title do not apply to a claim or debt under, or to an amount payable under, the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 970; Pub. L. 97-452, Sec. 1(13)(A), Jan. 12, 1983, 96 Stat. 2469; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3701(1) 31:951. July 19, 1966, Pub. L. 89-508, Sec. 2, 80 Stat. 308. 3701(2) 31:240(1), (4). Aug. 31, 1964, Pub. L. 88-558, Sec. 2(1), (2), (4), 78 Stat. 767; restated Sept. 15, 1965, Pub. L. 89-185, Sec. 3(a), 79 Stat. 789. 3701(3) 31:240(2). ------------------------------- Clause (1) is substituted for 31:951(a) for consistency. The text of 31:951(b) is omitted as unnecessary because of laws vesting authority in the commission, board, or other group of individuals and for consistency in the revised title and with other titles of the United States Code. In clause (2), the text of 31:240(1) is omitted as unnecessary because of the restatement. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3701(a)(1) 31 App.:954(e)(1). July 19, 1966, Pub. L. 89-508, 80 Stat. 308, Sec. 5(e); added Oct. 25, 1982, Pub. L. 97- 365, Sec. 10(2), 96 Stat. 1755. 3701(a)(2) 31 App.:952(e)(1) July 19, 1966, Pub. (last sentence). L. 89-508, 80 Stat. 308, Sec. 3(e)(1)(last sentence), (8); added Oct. 25, 1982, Pub. L. 97- 365, Sec. 11, 96 Stat. 1755, 1756. 3701(a)(3) 31 App.:952(d)(4) July 19, 1966, Pub. (A). L. 89-508, 80 Stat. 308, Sec. 3(d)(4); added Oct. 25, 1982, Pub. L. 97- 365, Sec. 3, 96 Stat. 1750. 3701(a)(4), (5) 31:3701(1), (2). 3701(a)(6) 31 App.:952(d)(4) (B), (C). 3701(a)(7) 31:3701(3). 3701(b) 31 App.:952(g). July 19, 1966, Pub. L.89-508, 80 Stat. 308, Sec. 3(g); added Oct. 25, 1982, Pub. L. 97- 365, Sec. 13(b), 96 Stat. 1758. 3701(c) 31 App.:952(e)(8). 31 App.:954(e)(2). 3701(d) 31 App.:954(note) Oct. 25, 1982, Pub. (related to 31 L. 97-365, Sec. App.:952(d)-(f), 8(e)(related to 954, 955). Sec. 3, 10(2)-12, 13(b)), 96 Stat. 1754. ------------------------------- In subsections (a)(1), (b), and (c), the word 'Government' is added for consistency in the revised title and with other titles of the United States Code. In subsection (a)(3)(B), before clause (i), the word 'money' is substituted for 'monetary fees, dues' to eliminate unnecessary words. The words 'engages in whole or in part in the practice of' are omitted as surplus. In clause (i), the words 'credit or other' and '(as defined in clause (i) of this subparagraph)' are omitted as surplus. In subsection (a)(6), 31 App.:952(d)(4)(C) is omitted as unnecessary. In subsection (b), the words 'all . . . from fees, duties, leases, rents, royalties, services, sales of real or personal property, overpayments, fines, penalties, damages, interest, taxes, forfeitures, and other sources' are omitted as surplus. In subsection (c), the words 'unit of general' are added for consistency in the revised title. In subsection (d), the word 'arising' is omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The tariff laws of the United States, referred to in subsec. (d), are classified generally to Title 19, Customs Duties. -MISC2- AMENDMENTS 1986 - Subsec. (d). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. 1983 - Pub. L. 97-452 designated existing provisions as subsec. (a), added pars. (1), (2), and (3), redesignated former par. (1) as (4) and substituted 'Government' for 'United States Government', redesignated former par. (2) as (5), added par. (6), redesignated former par. (3) as (7) and struck out 'the' before 'Commissioned Corps' in two places, and added subsecs. (b) to (d). SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-562, Sec. 1, Oct. 27, 1986, 100 Stat. 3153, provided that: 'This Act (enacting sections 3732 and 3733 of this title and amending sections 3729 to 3731 of this title and section 287 of Title 18, Crimes and Criminal Procedure) may be cited as the 'False Claims Amendments Act of 1986'.' UNITED STATES SENATE AS LEGISLATIVE AGENCY; REGULATIONS PROMULGATED BY SECRETARY OF SENATE Pub. L. 101-163, title I, Sec. 11, Nov. 21, 1989, 103 Stat. 1046, provided that: '(a) For purposes of subchapters I and II of chapter 37 of title 31, United States Code (relating to claims of or against the United States Government), the United States Senate shall be considered to be a legislative agency (as defined in section 3701(a)(4) of such title), and the Secretary of the Senate shall be deemed to be the head of such legislative agency. '(b) Regulations prescribed by the Secretary of the Senate pursuant to section 3716 of title 31, United States Code, shall not become effective until they are approved by the Senate Committee on Rules and Administration.' ------DocID 39404 Document 304 of 536------ -CITE- 31 USC Sec. 3702 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER I -HEAD- Sec. 3702. Authority of the Comptroller General to settle claims -STATUTE- (a) Except as provided in this chapter or another law, the Comptroller General shall settle all claims of or against the United States Government. A claim that was not administratively examined before submission to the Comptroller General shall be examined by 2 officers or employees of the General Accounting Office independently of each other. (b)(1) A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the Comptroller General within 6 years after the claim accrues except - (A) as provided in this chapter or another law; or (B) a claim of a State, the District of Columbia, or a territory or possession of the United States. (2) When the claim of a member of the armed forces accrues during war or within 5 years before war begins, the claim must be presented to the Comptroller General within 5 years after peace is established or within the period provided in clause (1) of this subsection, whichever is later. (3) The Comptroller General shall return a claim not received in the time required under this subsection with a copy of this subsection and no further communication is required. (c) One-Year Limit for Check Claims. - (1) Any claim on account of a Treasury check shall be barred unless it is presented to the agency that authorized the issuance of such check within 1 year after the date of issuance of the check or the effective date of this subsection, whichever is later. (2) Nothing in this subsection affects the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued. (d) The Comptroller General shall report to Congress on a claim against the Government that is timely presented under this section that may not be adjusted by using an existing appropriation, and that the Comptroller General believes Congress should consider for legal or equitable reasons. The report shall include recommendations of the Comptroller General. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 970; Pub. L. 97-452, Sec. 1(14), Jan. 12, 1983, 96 Stat. 2470; Pub. L. 100-86, title X, Sec. 1004(b), Aug. 10, 1987, 101 Stat. 659.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3702(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:71(related to R.S. Sec. claims). 236(related to claims); June 10, 1921, ch. 18, Sec. 305, 42 Stat. 24. 31:86. July 31, 1894, ch. 174, Sec. 14, 28 Stat. 210. 3702(b)(1) 31:71a(1)(less Oct. 9, 1940, ch. proviso). 788, 54 Stat. 1061; Jan. 2, 1975, Pub. L. 93-604, Sec. 801, 88 Stat. 1965. 31:237(1)(less proviso). 3702(b)(2) 31:71a(1)(proviso). 31:237(1)(proviso). 3702(b)(3) 31:71a(2). 31:237(2). 3702(c) 31:122. June 22, 1926, ch. 650, Sec. 2, 44 Stat. 761; Aug. 28, 1957, Pub. L. 85- 183, Sec. 3(a), 71 Stat. 465. 3702(d) 31:236. Apr. 10, 1928, ch. 334, 45 Stat. 413. ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (a), the words 'Except as provided in this chapter or another law' are added for clarity. The words 'and demands whatever' and 'and adjusted' are omitted as surplus. The words 'officers or employees of the General Accounting Office' are substituted for 'of his subordinates' for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), before clause (A), the words 'or demand' are omitted as surplus. The word 'Government' is substituted for 'United States' for consistency in the revised title and with other titles of the Code. The word 'representative' is substituted for 'agent or attorney' to eliminate unnecessary words. The words 'received by the Comptroller General' are substituted for 'received in said office' for clarity and consistency. The words 'the date' are omitted as surplus. Clause (A) is added for clarity. In clause (B), the words 'cognizable by the General Accounting Office under sections 71 and 236 of this title' are omitted as unnecessary because of the restatement. In subsection (b)(2), the words 'member of the armed forces' are substituted for 'person serving in the military or naval forces of the United States' for consistency with title 10. The words 'to the Comptroller General' are added for clarity. In subsection (b)(3), the words 'to the claimant' are omitted as surplus. The words 'not received in the time required' are substituted for 'barred by' because of the restatement. The words 'no further communication is required' are substituted for 'such action shall be a complete response without further communication' to eliminate unnecessary words. In subsection (c), the text of 31:122(1st sentence words before 2d comma and last sentence) is omitted as executed. The words 'Secretary of the Treasury' are substituted for 'Treasury Department' for consistency. The word 'Secretary' is substituted for 'Treasurer of the United States' because of Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). In subsection (d), the words 'report . . . on' are substituted for 'submit the same . . . by a special report . . . the material facts' to eliminate unnecessary words. The words 'or demand' are omitted as surplus. The word 'Government' is substituted for 'United States', and the words 'presented under this section' are substituted for 'filed in the General Accounting Office' for consistency. The words 'lawfully', 'the use of', and 'thereon' are omitted as surplus. 1983 ACT This amends 31:3702(b)(2) by inserting a word inadvertently omitted in the codification of title 31. -REFTEXT- REFERENCES IN TEXT The effective date of this subsection, referred to in subsec. (c)(1), probably means the effective date of subsec. (c) of this section as amended by section 1004(b) of Pub. L. 100-86, which is effective 6 months after Aug. 10, 1987, or on such later date as the Secretary of the Treasury may prescribe in regulations. See Effective Date of 1987 Amendment note below. -MISC2- AMENDMENTS 1987 - Subsec. (c). Pub. L. 100-86 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'A claim on a check or warrant that the records of the Comptroller General or the Secretary of the Treasury show as being paid must be presented to the Comptroller General or the Secretary within 6 years after the check or warrant was issued.' 1983 - Subsec. (b)(2). Pub. L. 97-452 inserted 'this' before 'subsection'. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-86 effective 6 months after Aug. 10, 1987, or on such later date as the Secretary of the Treasury may prescribe in regulations, see section 1006 of Pub. L. 100-86, set out as a note under section 3328 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97-452, set out as a note under section 3331 of this title. PROMULGATION OF REGULATIONS For provision permitting Secretary of the Treasury to prescribe rules, regulations, and procedures as necessary to implement amendment by section 1004(b) of Pub. L. 100-86, including recertification of Treasury checks which have been canceled or for which a claim has been asserted or barred, see section 1005 of Pub. L. 100-86, set out as a note under section 3328 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3328, 3712 of this title; title 16 section 831h. ------DocID 39405 Document 305 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- SUBCHAPTER II - CLAIMS OF THE UNITED STATES GOVERNMENT -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 3701, 3712 of this title. ------DocID 39406 Document 306 of 536------ -CITE- 31 USC Sec. 3711 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3711. Collection and compromise -STATUTE- (a) The head of an executive or legislative agency - (1) shall try to collect a claim of the United States Government for money or property arising out of the activities of, or referred to, the agency; (2) may compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General may from time to time prescribe that has not been referred to another executive or legislative agency for further collection action; and (3) may suspend or end collection action on a claim referred to in clause (2) of this subsection when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered. (b) The Comptroller General has the same authority that the head of the agency has under subsection (a) of this section when the claim is referred to the Comptroller General for further collection action. Only the Comptroller General may compromise a claim arising out of an exception the Comptroller General makes in the account of an accountable official. (c)(1) The head of an executive or legislative agency may not act under subsection (a)(2) or (3) of this section on a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim, or that is based on conduct in violation of the antitrust laws. (2) The Secretary of Transportation may not compromise for less than $250 a penalty under section 6 of the Act of March 2, 1893 (45 U.S.C. 6), section 4 of the Act of April 14, 1910 (45 U.S.C. 13), section 9 of the Act of February 17, 1911 (45 U.S.C. 34), and section 25(h) of the Interstate Commerce Act (49 App. U.S.C. 26(h)). (d) A compromise under this section is final and conclusive unless gotten by fraud, misrepresentation, presenting a false claim, or mutual mistake of fact. An accountable official is not liable for an amount paid or for the value of property lost or damaged if the amount or value is not recovered because of a compromise under this section. (e) The head of an executive or legislative agency acts under - (1) regulations prescribed by the head of the agency; and (2) standards that the Attorney General and the Comptroller General may prescribe jointly. (f)(1) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), the head of an executive or legislative agency may disclose to a consumer reporting agency information from a system of records that an individual is responsible for a claim if - (A) notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency; (B) the head of the agency has reviewed the claim and decided that the claim is valid and overdue; (C) the head of the agency has notified the individual in writing - (i) that payment of the claim is overdue; (ii) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the individual is responsible for the claim; (iii) of the specific information to be disclosed to the consumer reporting agency; and (iv) of the rights the individual has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim; (D) the individual has not - (i) repaid or agreed to repay the claim under a written repayment plan that the individual has signed and the head of the agency has agreed to; or (ii) filed for review of the claim under paragraph (2) of this subsection; (E) the head of the agency has established procedures to - (i) disclose promptly, to each consumer reporting agency to which the original disclosure was made, a substantial change in the condition or amount of the claim; (ii) verify or correct promptly information about the claim on request of a consumer reporting agency for verification of information disclosed; and (iii) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information; and (F) the information disclosed to the consumer reporting agency is limited to - (i) information necessary to establish the identity of the individual, including name, address, and taxpayer identification number; (ii) the amount, status, and history of the claim; and (iii) the agency or program under which the claim arose. (2) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection and at other times allowed by law, the head of an executive or legislative agency shall provide, on request of an individual alleged by the agency to be responsible for the claim, for a review of the obligation of the individual, including an opportunity for reconsideration of the initial decision on the claim. (3) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection, the head of an executive or legislative agency shall take reasonable action to locate an individual for whom the head of the agency does not have a current address to send the notice under paragraph (1)(C). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 971; Pub. L. 97-452, Sec. 1(15), Jan. 12, 1983, 96 Stat. 2470; Pub. L. 98-216, Sec. 1(5), Feb. 14, 1984, 98 Stat. 4; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-552, Sec. 8(b), Nov. 15, 1990, 104 Stat. 2746.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date of 1990 Amendment; Savings Provision note below. -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3711(a) 31:952(a)(less words July 19, 1966, Pub. between 1st and 2d L. 89-508, Sec. 3, commas), (b)(1st 80 Stat. 309. sentence less words between 6th and 7th commas). 3711(b) 31:952(b)(2d sentence, last sentence words after semicolon). 3711(c)(1) 31:952(b)(last sentence words before semicolon). 3711(c)(2) 31:952(note). July 8, 1976, Pub. L. 94-348, Sec. 3(e), 90 Stat. 818. 3711(d) 31:952(c). 3711(e) 31:952(a)(words between 1st and 2d commas), (b)(1st sentence words between 6th and 7th commas). ------------------------------- In the section, the words 'executive or legislative agency' are substituted for 'agency' because of the restatement. The words 'or his designee' are omitted as unnecessary. In subsection (a), the word 'Government' is added for consistency. In clause (2), the words 'including the General Accounting Office' are omitted as surplus. In clause (3), the word 'financial' is omitted as surplus. In subsections (b) and (d), the word 'official' is substituted for 'officer' for consistency. In subsection (b), the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. The words 'has the same authority that the head of the agency has' are substituted for 'have the foregoing authority' for clarity. The words 'by another agency' are omitted as surplus. The words 'only . . . may compromise' are substituted for 'nor shall the head of an agency, other than . . . have authority to compromise' to eliminate unnecessary words. In subsection (c)(1), the words 'that appears to be fraudulent, false, or misrepresented by' are substituted for 'as to which there is an indication of fraud, the presentation of a false claim, or misrepresentation on the part of' to eliminate unnecessary words. The words 'the debtor or . . . other' and 'in whole or in part' are omitted as surplus. In subsection (c)(2), the words 'Notwithstanding any provision of the Federal Claims Collection Act of 1966' are omitted as unnecessary. The words 'arising' and 'an amount' are omitted as surplus. In subsection (d), the words 'effected . . . authority conferred by', 'on the debtor and on all officials, agencies, and courts of the United States', 'destroyed', and 'with a person primarily responsible' are omitted as surplus. In subsection (e), the words 'in conformity with' are omitted as surplus. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3711(f)(1) 31 App.:952(d)(1). July 19, 1966, Pub. L. 89-508, 80 Stat. 308, Sec. 3(d)(1)- (3); added Oct. 25, 1982, Pub. L. 97- 365, Sec. 3, 96 Stat. 1749. 3711(f)(2) 31 App.:952(d)(2). 3711(f)(3) 31 App.:952(d)(3). ------------------------------- In subsection (f)(1), before clause (A), the word 'Government' is substituted for 'United States' for consistency in the revised title and with other titles of the United States Code. The words 'subsection (a) of this section, or under any other' are omitted as surplus. The word 'law' is substituted for 'statutory authority' to eliminate unnecessary words. In clause (A), the words 'for the system of records' are omitted as surplus. In clause (C)(iii), the word 'intended' is omitted as surplus. In clause (E)(ii), the words 'as appropriate' and 'any or all' are omitted as surplus. In clause (E)(iii), the words 'all laws of the United States' are coextensive with and substituted for 'the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and any other Federal law'. 1984 ACT This is necessary to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix. AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-552 temporarily substituted '$100,000 (excluding interest) or such higher amount as the Attorney General may from time to time prescribe' for '$20,000 (excluding interest)'. See Termination Date of 1990 Amendment; Savings Provision note below. 1986 - Subsec. (f)(1). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. 1984 - Subsec. (c)(2). Pub. L. 98-216 substituted '(49 App. U.S.C. 26(h))' for '(49 U.S.C. 26(h))'. 1983 - Subsec. (f). Pub. L. 97-452 added subsec. (f). TERMINATION DATE OF 1990 AMENDMENT; SAVINGS PROVISION For termination of amendments by Pub. L. 101-552 and authority to use dispute resolution proceedings on Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101-552, set out as a Termination Date; Savings Provision note under section 581 of Title 5, Government Organization and Employees. EXISTING AGENCY AUTHORITY TO LITIGATE, SETTLE, COMPROMISE, OR CLOSE CLAIMS Pub. L. 89-508, Sec. 4, July 19, 1966, 80 Stat. 309, provided that: 'Nothing in this Act (now this section) shall increase or diminish the existing authority of the head of an agency to litigate claims, or diminish his existing authority to settle, compromise, or close claims.' -CROSS- CROSS REFERENCES Waiver of claims for overpayment of pay and allowances of employees of Executive agenices, see section 5584 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3701, 3716 of this title; title 5 sections 552a, 5514, 5569; title 10 section 2780; title 18 section 1114; title 22 section 2671; title 26 section 6103; title 37 section 559; title 38 section 3101; title 42 section 5042; title 45 sections 6, 13, 34, 43, 64a; title 49 App. section 26. ------DocID 39407 Document 307 of 536------ -CITE- 31 USC Sec. 3712 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3712. Time limitations for presenting certain claims of the Government -STATUTE- (a) Claims Over Forged or Unauthorized Endorsements. - (1) Period for claims. - If the Secretary of the Treasury determines that a Treasury check has been paid over a forged or unauthorized endorsement, the Secretary may reclaim the amount of such check from the presenting bank or any other endorser that has breached its guarantee of endorsements prior to - (A) the end of the 1-year period beginning on the date of payment; or (B) the expiration of the 180-day period beginning on the close of the period described in subparagraph (A) if a timely claim is received under section 3702. (2) Civil actions. - (A) Except as provided in subparagraph (B), the United States may bring a civil action to enforce the liability of an endorser, transferor, depository, or fiscal agent on a forged or unauthorized signature or endorsement on, or a change in, a check or warrant issued by the Secretary of the Treasury, the United States Postal Service, or any disbursing official or agent not later than 1 year after a check or warrant is presented to the drawee for payment. (B) If the United States has given an endorser written notice of a claim against the endorser within the time allowed by subparagraph (A), the 1-year period for bringing a civil action on that claim under subparagraph (A) shall be extended by 3 years. (3) Effect on agency authority. - Nothing in this subsection shall be construed to limit the authority of any agency under subchapter II of chapter 37 of this title. (b) Notwithstanding subsection (a) of this section, a civil action may be brought within 2 years after the claim is discovered when an endorser, transferor, depositary, or fiscal agent fraudulently conceals the claim from an officer or employee of the Government entitled to bring the civil action. (c) The Comptroller General shall credit the appropriate account of the Treasury for the amount of a check or warrant for which a civil action cannot be brought because notice was not given within the time required under subsection (a) of this section if the failure to give notice was not the result of negligence of the Secretary. (d) The Government waives all claims against a person arising from dual pay from the Government if the dual pay is not reported to the Comptroller General for collection within 6 years from the last date of a period of dual pay. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 971; Pub. L. 100-86, title X, Sec. 1004(a), Aug. 10, 1987, 101 Stat. 659.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3712(a) 31:129. Mar. 6, 1946, ch. 48, Sec. 1, 60 Stat. 31; Aug. 28, 1957, Pub. L. 85- 183, Sec. 3(b), 71 Stat. 465; Aug. 12, 1970, Pub. L. 91- 375, Sec. 6(l)(2), 84 Stat. 782. 3712(b) 31:131. Mar. 6, 1946, ch. 48, Sec. 2, 3, 60 Stat. 31. 3712(c) 31:130. 3712(d) 31:237a. Aug. 28, 1954, ch. 1035, 68 Stat. 890. ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (a), the words 'civil action' are substituted for 'proceeding in any court', 'court proceeding', and 'proceeding', and the word 'fiscal' is substituted for 'financial', for consistency in the revised title and with other titles of the United States Code. The words 'Except as provided in this subsection' are added for clarity. The words 'or by an agency or official of the United States' are omitted as surplus. The words 'the Postmaster General' are omitted because of section 4(a) of the Postal Reorganization Act (Pub. L. 91-375, 84 Stat. 773). The words 'the Treasurer and Assistant Treasurers of the United States' are omitted because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The word 'official' is substituted for 'officers' for consistency in the revised title and with other titles of the Code. The words 'of the United States', 'to the Treasurer of the United States or other drawee', and 'of such check, checks, warrant, or warrants' are omitted as surplus. The text of 31:129(last sentence less proviso) is omitted as unnecessary. The last sentence is substituted for 31:129(last sentence proviso) to eliminate unnecessary words. In subsection (b), the words 'at any time' in 31:131 are omitted as surplus. The words 'the claim is discovered' are substituted for 'the United States or any agency or official of the United States who is entitled to bring the same shall discover that the United States or any agency or official of the United States had such cause of action' to eliminate unnecessary words. The words 'who is liable to any of the actions mentioned in sections 129 to 131 of this title' are omitted as surplus. The words 'officer or employee of the Government' are substituted for 'United States or any agency or official of the United States' before 'entitled' for consistency in the revised title and with other titles of the Code. The words 'although such action would be otherwise barred by the provisions of sections 129 to 131 of this title' are omitted as surplus. In subsection (c), the words 'of the United States' and 'allow . . . in' are omitted as surplus. The word 'appropriate' is added for clarity. The word 'Treasury' is substituted for 'Treasurer of the United States' before 'for the amount' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words 'cannot be brought because notice was not given within the time required under this subsection' are substituted for 'shall have been barred pursuant to the provisions of sections 129 to 131 of this title upon a showing that the barring of such proceedings . . . required by the provision of section 129 of this title' for clarity. The word 'Secretary' is substituted for 'Treasurer of the United States' before 'in failing' because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of January 14, 1974. In subsection (d), the words 'arising from dual pay' are substituted for 'arising out of the receipt by such person of compensation . . . in violation of any provision of law prohibiting or restricting the receipt of dual compensation' to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code. The words 'including Government owned or controlled corporations' are omitted as unnecessary. The words 'or from the government of the District of Columbia' are omitted because of sections 102(a), 448, 449, and 761 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 777, 801, 836). AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-86 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'Except as provided in this subsection, the United States Government must bring a civil action to enforce the liability of an endorser, transferor, depositary, or fiscal agent on a forged or unauthorized signature or endorsement on, or a change in, a check or warrant issued by the Secretary of the Treasury, the United States Postal Service, or a disbursing official or agent within 6 years after the check or warrant is presented to the drawee of the check or warrant for payment unless, within that period, written notice of the claim is given to the endorser, transferor, depositary, or fiscal agent. The period for bringing a civil action or giving notice is extended for 180 days if a claim is received under section 3702(c) of this title.' EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-86 effective 6 months after Aug. 10, 1987, or on such later date as the Secretary of the Treasury may prescribe in regulations, see section 1006 of Pub. L. 100-86, set out as a note under section 3328 of this title. PROMULGATION OF REGULATIONS For provision permitting Secretary of the Treasury to prescribe rules, regulations, and procedures as necessary to implement amendment by section 1004(a) of Pub. L. 100-86, including recertification of Treasury checks which have been canceled or for which a claim has been asserted or barred, see section 1005 of Pub. L. 100-86, set out as a note under section 3328 of this title. ------DocID 39408 Document 308 of 536------ -CITE- 31 USC Sec. 3713 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3713. Priority of Government claims -STATUTE- (a)(1) A claim of the United States Government shall be paid first when - (A) a person indebted to the Government is insolvent and - (i) the debtor without enough property to pay all debts makes a voluntary assignment of property; (ii) property of the debtor, if absent, is attached; or (iii) an act of bankruptcy is committed; or (B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor. (2) This subsection does not apply to a case under title 11. (b) A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 972.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3713(a) 31:191. R.S. Sec. 3466; Nov. 6, 1978, Pub. L. 95- 598, Sec. 322(a), 92 Stat. 2678. 3713(b) 31:192. R.S. Sec. 3467; restated May 10, 1934, ch. 277, Sec. 518(a), 48 Stat. 760; Nov. 6, 1978, Pub. L. 95-598, Sec. 322(b), 92 Stat. 2679. ------------------------------- In the section, the word 'claim' is substituted for 'debts' for consistency. The word 'due' is omitted as unnecessary. In subsection (a)(1), before clause (A), the word 'paid' is substituted for 'satisfied' for consistency. In clause (A)(i), the words 'and the priority established shall extend as well to cases in which' are omitted because of the restatement. In clause (A)(ii), the word 'property' is substituted for 'estate and effects' to eliminate unnecessary words. The words 'absconding, concealed, or' and 'by process of law' are omitted as surplus. In subsection (a)(2), the words 'The priority established under . . . however' are omitted as surplus. In subsection (b), the words 'A representative of a person or an estate' are substituted for 'executor, administrator, or assignee, or other' for clarity and to eliminate unnecessary words. The words 'for whom or for which he acts', 'satisfies and', and 'from such person or estate' are omitted as surplus. The word 'liable' is substituted for 'answerable in his own person and estate' for consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 1087-2; title 22 section 1631g; title 26 sections 6327, 6901, 7421, 7434; title 28 section 3003; title 29 section 1368; title 30 section 934; title 41 section 108; title 48 section 1423a; title 50 App. section 34. ------DocID 39409 Document 309 of 536------ -CITE- 31 USC Sec. 3714 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3714. Keeping money due States in default -STATUTE- The Secretary of the Treasury shall keep the necessary amount of money the United States Government owes a State when the State defaults in paying principal or interest on investments in stocks or bonds the State issues or guarantees and that the Government holds in trust. The money shall be used to pay the principal or interest or reimburse, with interest, money the Government advanced for interest due on the stocks or bonds. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 972.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3714 31:207. R.S. Sec. 3481. ------------------------------- The word 'amount' is substituted for 'whole, or so much thereof' for clarity. The word 'owes' is substituted for 'due on any account from the . . . to' to eliminate unnecessary words. The words 'or either' and 'thereon' are omitted as surplus. ------DocID 39410 Document 310 of 536------ -CITE- 31 USC Sec. 3715 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3715. Buying real property of a debtor -STATUTE- The head of an agency for whom a civil action is brought against a debtor of the United States Government may buy real property of the debtor at a sale on execution of the real property of the debtor resulting from the action. The head of the agency may not bid more for the property than the amount of the judgment for which the property is being sold, and costs. The marshal of the district in which the sale is held shall transfer the property to the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 972.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3715 31:195. R.S. Sec. 3470; June 2, 1965, Pub. L. 89- 30, Sec. 5, 79 Stat. 119. ------------------------------- The words 'by such agent as . . . shall appoint' are omitted as unnecessary. The word 'agency' is substituted for 'department or independent agency' because of the restatement. The words 'for whom a civil action is brought' are substituted for 'at whose instance suit was instituted' for consistency. The words 'real property' are substituted for 'lands or tenements' for clarity and consistency. The words 'in behalf of the United States' are omitted as surplus. The words 'for the property' are added for clarity. The word 'property' is substituted for 'such estate' for consistency in the section. The words 'Whenever such purchase is made' are omitted as surplus. The words 'transfer the property' are substituted for 'make all needful conveyances, assignments, or transfers' to eliminate unnecessary words and for clarity. ------DocID 39411 Document 311 of 536------ -CITE- 31 USC Sec. 3716 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3716. Administrative offset -STATUTE- (a) After trying to collect a claim from a person under section 3711(a) of this title, the head of an executive or legislative agency may collect the claim by administrative offset. The head of the agency may collect by administrative offset only after giving the debtor - (1) written notice of the type and amount of the claim, the intention of the head of the agency to collect the claim by administrative offset, and an explanation of the rights of the debtor under this section; (2) an opportunity to inspect and copy the records of the agency related to the claim; (3) an opportunity for a review within the agency of the decision of the agency related to the claim; and (4) an opportunity to make a written agreement with the head of the agency to repay the amount of the claim. (b) Before collecting a claim by administrative offset under subsection (a) of this section, the head of an executive or legislative agency must prescribe regulations on collecting by administrative offset based on - (1) the best interests of the United States Government; (2) the likelihood of collecting a claim by administrative offset; and (3) for collecting a claim by administrative offset after the 6-year period for bringing a civil action on a claim under section 2415 of title 28 has expired, the cost effectiveness of leaving a claim unresolved for more than 6 years. (c) This section does not apply - (1) to a claim under this subchapter that has been outstanding for more than 10 years; or (2) when a statute explicitly provides for or prohibits using administrative offset to collect the claim or type of claim involved. -SOURCE- (Added Pub. L. 97-452, Sec. 1(16)(A), Jan. 12, 1983, 96 Stat. 2471.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3716(a) 31 App.:954(a) July 19, 1966, Pub. (words before last L. 89-508, 80 Stat. comma), (c). 308, Sec. 5(a)-(d); added Oct. 25, 1982, Pub. L. 97- 365, Sec. 10(2), 96 Stat. 1754. 3716(b) 31 App.:954(b). 3716(c)(1) 31 App.:954(a) (words after last comma). 3716(c)(2) 31 App.:954(d). ------------------------------- In the subchapter, the words 'or his designee' are omitted as unnecessary. In subsection (a)(1), the words 'head of the' are added for consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), the word 'Government' is added for consistency in the revised title and with other titles of the Code. In subsection (b)(3), the word 'civil' is added for consistency in the revised title and with other titles of the Code. In subsection (c)(2), the word 'either' is omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3701, 3807 of this title; title 5 section 5514; title 18 section 1114; title 28 section 2415; title 38 section 3101; title 42 section 5042; title 45 sections 6, 13, 34, 43, 64a; title 49 App. section 26. ------DocID 39412 Document 312 of 536------ -CITE- 31 USC Sec. 3717 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3717. Interest and penalty on claims -STATUTE- (a)(1) The head of an executive or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter. (2) The Secretary may change the rate of interest for a calendar quarter if the average investment rate for the 12-month period ending at the close of the prior calendar quarter, rounded to the nearest whole percentage point, is more or less than the existing published rate by 2 percentage points. (b) Interest under subsection (a) of this section accrues from the date - (1) on which notice is mailed after October 25, 1982, if notice was first mailed before October 25, 1982; or (2) notice of the amount due is first mailed to the debtor at the most current address of the debtor available to the head of the executive or legislative agency, if notice is first mailed after October 24, 1982. (c) The rate of interest charged under subsection (a) of this section - (1) is the rate in effect on the date from which interest begins to accrue under subsection (b) of this section; and (2) remains fixed at that rate for the duration of the indebtedness. (d) Interest under subsection (a) of this section may not be charged if the amount due on the claim is paid within 30 days after the date from which interest accrues under subsection (b) of this section. The head of an executive or legislative agency may extend the 30-day period. (e) The head of an executive or legislative agency shall assess on a claim owed by a person - (1) a charge to cover the cost of processing and handling a delinquent claim; and (2) a penalty charge of not more than 6 percent a year for failure to pay a part of a debt more than 90 days past due. (f) Interest under subsection (a) of this section does not accrue on a charge assessed under subsection (e) of this section. (g) This section does not apply - (1) if a statute, regulation required by statute, loan agreement, or contract prohibits charging interest or assessing charges or explicitly fixes the interest or charges; and (2) to a claim under a contract executed before October 25, 1982, that is in effect on October 25, 1982. (h) In conformity with standards prescribed jointly by the Attorney General and the Comptroller General, the head of an executive or legislative agency may prescribe regulations identifying circumstances appropriate to waiving collection of interest and charges under subsections (a) and (e) of this section. A waiver under the regulations is deemed to be compliance with this section. -SOURCE- (Added Pub L. 97-452, Sec. 1(16)(A), Jan. 12, 1983, 96 Stat. 2472.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3717(a) 31 App.:952(e)(1) July 19, 1966, Pub. (1st-3d sentences). L. 89-508, 80 Stat. 308, Sec. 3(e)(1) (1st-3d sentences), (2)-(7); added Oct. 25, 1982, Pub. L. 97-365, Sec. 11, 96 Stat. 1755. 3717(b), (c) 31 App.:952(e)(5). 3717(d) 31 App.:952(e)(6). 3717(e) 31 App.:952(e)(2). 3717(f) 31 App.:952(e)(7). 3717(g)(1) 31 App.:952(e)(3) (1st sentence). 3717(g)(2) 31 App.:952(e)(4). 3717(h) 31 App.:952(e)(3) (2d, last sentences). ------------------------------- In subsection (a), the words 'percentage point' and 'percentage points' are substituted for 'per centum' for clarity. In subsections (a)(1) and (e), the words 'Except as provided in paragraph (3)' are omitted as surplus. In subsection (a)(2), the words 'for a calendar quarter' are substituted for 'quarterly', and the words 'prior calendar quarter' are substituted for 'that calendar quarter', for clarity. In subsection (b), before clause (1), the words 'Subject to paragraph (6)' and 'except as provided in subparagraph (B)' are omitted as surplus. In clause (2), the words 'on the claim' are omitted as surplus. The words 'if notice is first mailed after October 24, 1982' are added for clarity. In subsection (c), the words 'on a claim' are omitted as surplus. In subsection (g)(1), the words 'applicable' and 'either' are omitted as surplus. The word 'assessing' is added for clarity. The words 'that apply to claims involved' are omitted as surplus. In subsection (h), the words 'under this section' are added for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3701 of this title; title 5 section 5514; title 7 sections 147a, 2371; title 18 section 1114; title 21 section 136a; title 22 section 2671; title 26 section 6103; title 42 section 5042; title 45 sections 6, 13, 34, 43, 64a; title 49 App. section 26. ------DocID 39413 Document 313 of 536------ -CITE- 31 USC Sec. 3718 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3718. Contracts for collection services -STATUTE- (a) Under conditions the head of an executive or legislative agency considers appropriate, the head of the agency may make a contract with a person for collection services to recover indebtedness owed the United States Government. The contract shall provide that - (1) the head of the agency retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action; and (2) the person is subject to - (A) section 552a of title 5, to the extent provided in section 552a(m); and (B) laws and regulations of the United States Government and State governments related to debt collection practices. (b)(1)(A) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in the case of any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision specifying the amount of the fee to be paid to the private counsel under such contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel engaged in the private practice of law in the area or areas where the legal services are furnished typically charge clients for furnishing legal services in the collection of claims of indebtedness, as determined by the Attorney General, considering the amount, age, and nature of the indebtedness and whether the debtor is an individual or a business entity. If the Attorney General makes a contract for legal services to be furnished in any judicial district of the United States under the first sentence of this paragraph, the Attorney General shall use his best efforts to obtain, from among attorneys regularly engaged in the private practice of law in such district, at least four such contracts for legal services with private individuals or firms in such district. Nothing in this subparagraph shall relieve the Attorney General of the competition requirements set forth in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following). (B) The Attorney General shall use his best efforts to enter into contracts under this paragraph with law firms owned and controlled by socially and economically disadvantaged individuals, so as to enable each agency to comply with paragraph (3). (2) The head of an executive or legislative agency may, subject to the approval of the Attorney General, refer to a private counsel retained under paragraph (1) of this subsection claims of indebtedness owed the United States arising out of activities of that agency. (3) Each agency shall use its best efforts to assure that not less than 10 percent of the amounts of all claims referred to private counsel by that agency under paragraph (2) are referred to law firms owned and controlled by socially and economically disadvantaged individuals. For purposes of this paragraph - (A) the term 'law firm owned and controlled by socially and economically disadvantaged individuals' means a law firm that meets the requirements set forth in clauses (i) and (ii) of section 8(d)(3)(C) of the Small Business Act (FOOTNOTE 1) (15 U.S.C. 6376(d)(3)(C)(i) and (ii)) and regulations issued under those clauses; and (FOOTNOTE 1) See References in Text note below. (B) 'socially and economically disadvantaged individuals' shall be presumed to include these groups and individuals described in the last paragraph of section 8(d)(3)(C) of the Small Business Act. (4) Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, a private counsel retained under paragraph (1) of this subsection may represent the United States in litigation in connection with legal services furnished pursuant to the contract entered into with that counsel under paragraph (1) of this subsection. (5) A contract made with a private counsel under paragraph (1) of this subsection shall include - (A) a provision permitting the Attorney General to terminate either the contract or the private counsel's representation of the United States in particular cases if the Attorney General finds that such action is for the convenience of the Government; (B) a provision stating that the head of the executive or legislative agency which refers a claim under the contract retains the authority to resolve a dispute regarding the claim, to compromise the claim, or to terminate a collection action on the claim; and (C) a provision requiring the private counsel to transmit monthly to the Attorney General and the head of the executive or legislative agency referring a claim under the contract a report on the services relating to the claim rendered under the contract during the month and the progress made during the month in collecting the claim under the contract. (6) Notwithstanding the fourth sentence of section 803(6) of the Fair Debt Collection Practices Act (15 U.S.C. 1692a(6)), a private counsel performing legal services pursuant to a contract made under paragraph (1) of this subsection shall be considered to be a debt collector for the purposes of such Act. (7) Any counterclaim filed in any action to recover indebtedness owed the United States which is brought on behalf of the United States by private counsel retained under this subsection may not be asserted unless the counterclaim is served directly on the Attorney General or the United States Attorney for the judicial district in which, or embracing the place in which, the action is brought. Such service shall be made in accordance with the rules of procedure of the court in which the action is brought. (c) The Attorney General shall transmit to the Congress an annual report on the activities of the Department of Justice to recover indebtedness owed the United States which was referred to the Department of Justice for collection. Each such report shall include a list, by agency, of - (1) the total number and amounts of claims which were referred for legal services to the Department of Justice and to private counsel under subsection (b) during the 1-year period covered by the report; (2) the total number and amount of those claims referred for legal services to the Department of Justice which were collected or were not collected or otherwise resolved during the 1-year period covered by the report; and (3) the total number and amount of those claims referred for legal services to private counsel under subsection (b) - (A) which were collected or were not collected or otherwise resolved during the 1-year period covered by the report; (B) which were not collected or otherwise resolved under a contract terminated by the Attorney General during the 1-year period covered by the report; and (C) on which the Attorney General terminated the private counsel's representation during the 1-year period covered by the report without terminating the contract with the private counsel under which the claims were referred. (d) Notwithstanding section 3302(b) of this title, a contract under subsection (a) or (b) of this section may provide that a fee a person charges to recover indebtedness owed the United States Government is payable from the amount recovered. (e) A contract under subsection (a) or (b) of this section is effective only to the extent and in the amount provided in an appropriation law. This limitation does not apply in the case of a contract that authorizes a person to collect a fee as provided in subsection (d) of this section. (f) This section does not apply to the collection of debts under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). -SOURCE- (Added Pub. L. 97-452, Sec. 1(16)(A), Jan. 12, 1983, 96 Stat. 2473, and amended Pub. L. 98-167, Nov. 29, 1983, 97 Stat. 1104; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-578, Sec. 1, Oct. 28, 1986, 100 Stat. 3305.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 5 of Pub. L. 99-578, see Effective and Termination Dates of 1986 Amendment note below. -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3718(a) 31 App.:952(f)(1) July 19, 1966, Pub. (1st sentence words L. 89-508, 80 Stat. after 2d comma, 308, Sec. 3(f); last sentence). added Oct. 25, 1982, Pub. L. 97- 365, Sec. 13(b), 96 Stat. 1757. 3718(b) 31 App.:952(f)(2). 3718(c) 31 App.:952(f)(3). 3718(d) 31 App.:952(f)(1) (1st sentence words before 2d comma). ------------------------------- In subsections (a) and (b), the word 'Government' is added for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the words 'terms and' are omitted as surplus. The words 'or organization' are omitted because of 1:1. In clause (1), the words 'bring a civil action' are substituted for 'initiate legal action' for consistency in the revised title and with other titles of the Code. In clause (2)(B), the words 'including the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.)' are omitted as being included in 'laws and regulations of the United States Government'. In subsection (b), the words 'the head of an agency' are omitted as surplus. In subsection (c), the word 'advanced' is omitted as surplus. In subsection (d), the words 'Notwithstanding the provisions of any other law governing the collection of claims owed the United States' and 'unpaid or underpaid' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1)(A), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40, Public Buildings, Property, and Works, and Tables. Section 8(d)(3)(C) of the Small Business Act, referred to in subsec. (b)(3), is classified to section 637(d)(3)(C) of Title 15, Commerce and Trade. The Fair Debt Collection Practices Act, referred to in subsec. (b)(6), is title VIII of Pub. L. 90-321, as added by Pub. L. 95-109 Sept. 20, 1977, 91 Stat. 874, as amended, which is classified generally to subchapter V (Sec. 1692 et seq.) of chapter 41 of Title 15. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1601 of Title 15 and Tables. -MISC2- AMENDMENTS 1986 - Subsecs. (b), (c). Pub. L. 99-578, Sec. 1(1), (4), temporarily added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as (d) and (e), respectively. See Effective and Termination Dates of 1986 Amendment note below. Subsec. (d). Pub. L. 99-578, Sec. 1(1), (2), temporarily redesignated former subsec. (b) as (d) and inserted 'or (b)' after 'subsection (a)'. Former subsec. (d) redesignated (f). See Effective and Termination Dates of 1986 Amendment note below. Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. Subsec. (e). Pub. L. 99-578, Sec. 1(1), (3), temporarily redesignated former subsec. (c) as (e), inserted 'or (b)' after '(a)', and substituted 'subsection (d)' for 'subsection (b)'. See Effective and Termination Dates of 1986 Amendment note below. Subsec. (f). Pub. L. 99-578, Sec. 1(1), temporarily redesignated former subsec. (d) as (f). See Effective and Termination Dates of 1986 Amendment note below. 1983 - Subsec. (c). Pub. L. 98-167 inserted 'This limitation does not apply in the case of a contract that authorizes a person to collect a fee as provided in subsection (b) of this section.' EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENT Section 5 of Pub. L. 99-578 provided that: 'This Act and the amendments made by section 1 of this Act (amending this section and enacting provisions set out as notes under this section) shall be in effect for a period of three years, beginning on the date on which regulations become effective (Aug. 31, 1987, see 52 F.R. 24448, July 1, 1987) under section 4 (set out as a note below).' EXTENSION OF PILOT PROGRAM FOR LEGAL SERVICES Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 216, provided that: 'The pilot debt collection project authorized by Public Law 99-578 (temporarily amending this section and enacting provisions set out below) is extended through September 30, 1992.' REPORT BY ATTORNEY GENERAL Section 2 of Pub. L. 99-578 provided that: 'Not later than 180 days after the date of the enactment of this Act (Oct. 28, 1986), the Attorney General of the United States shall transmit to the Congress a report on the actions taken under section 3718(b) of title 31, United States Code (as added by section 1 of this Act).' PILOT PROGRAM Section 3 of Pub. L. 99-578 provided that: 'The Attorney General shall carry out subsections (b) and (c) of section 3718 of title 31, United States Code (as added by section 1 of this Act), through a pilot program in each of at least 5 and not more thn (than) 10 judicial districts selected by the Attorney General.' REGULATIONS Section 4 of Pub. L. 99-578 provided that: 'The Attorney General shall issue regulations to carry out this Act and the amendments made by section 1 of this Act (amending this section and enacting provisions set out as notes under this section). The Attorney General shall submit the regulations to the Congress at least 60 days before they become effective.' AUDIT BY COMPTROLLER GENERAL Section 6 of Pub. L. 99-578 provided that: '(a) Contents of Audit. - The Comptroller General of the United States shall, at the end of the 3-year period referred to in section 5 (set out as a note above), conduct an audit of the actions of the Attorney General under subsection (b) of section 3718 of title 31, United States Code (as added by section 1 of this Act), under the pilot program referred to in section 3 (set out as a note above). The Comptroller General shall determine the extent of the competition among private counsel to obtain contracts awarded under such subsection, the reasonableness of the fees provided in such contracts, the diligence and efforts of the Attorney General to retain private counsel in accordance with the provisions of such subsection, and the results of the debt collection efforts of private counsel retained under such contracts. '(b) Report to Congress. - After completing the audit under subsection (a), the Comptroller General shall transmit to the Congress a report on the findings and conclusions resulting from the audit.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3302, 3701 of this title; title 5 section 5514; title 10 section 2780; title 18 section 1114; title 22 sections 1475f, 2671, 2716; title 25 section 1616a; title 26 section 6103; title 28 section 3002; title 38 section 629; title 42 sections 254o, 5042; title 45 sections 6, 13, 34, 43, 64a; title 49 App. section 26. ------DocID 39414 Document 314 of 536------ -CITE- 31 USC Sec. 3719 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3719. Reports on debt collection activities -STATUTE- (a) In consultation with the Secretary of the Treasury and the Comptroller General, the Director of the Office of Management and Budget shall prescribe regulations requiring the head of each agency with outstanding debts to prepare and submit to the Director and the Secretary at least once each year a report summarizing the status of loans and accounts receivable managed by the head of the agency. The report shall contain - (1) information on - (A) the total amount of loans and accounts receivable owed the agency and when amounts owed the agency are due to be repaid; (B) the total amount of receivables and number of claims at least 30 days past due; (C) the total amount written off as actually uncollectible and the total amount allowed for uncollectible loans and accounts receivable; (D) the rate of interest charged for overdue debts and the amount of interest charged and collected on debts; (E) the total number of claims and the total amount collected; and (F) the number and total amount of claims referred to the Attorney General for settlement and the number and total amount of claims the Attorney General settles; (2) the information described in clause (1) of this subsection for each program or activity the head of the agency carries out; and (3) other information the Director considers necessary to decide whether the head of the agency is acting aggressively to collect the claims of the agency. (b) The Director shall analyze the reports submitted under subsection (a) of this section and shall report annually to Congress on the management of debt collection activities by the head of each agency, including the information provided the Director under subsection (a). -SOURCE- (Added Pub. L. 97-452, Sec. 1(16)(A), Jan. 12, 1983, 96 Stat. 2473.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3719(a) 31 App.:955(a). Oct. 25, 1982, Pub. L. 97-365, Sec. 12, 96 Stat. 1756. 3719(b) 31 App.:955(b). ------------------------------- In subsection (a), before clause (1), the words 'of the United States' are omitted as surplus. The words 'the head of' are added for consistency in the revised title and with other titles of the United States Code. In clause (1)(C), the words 'uncollectible loans and accounts receivable' are added for clarity. In clause (1)(F), the words 'Attorney General' are substituted for 'Department of Justice' for consistency in the revised title and with other titles of the Code, including 28:503, 509. In subsection (b), the word 'submitted' is substituted for 'received by each agency' for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3701 of this title. ------DocID 39415 Document 315 of 536------ -CITE- 31 USC Sec. 3720 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3720. Collection of payments -STATUTE- (a) Each head of an executive agency (other than an agency subject to section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32; 16 U.S.C. 831h)) shall, under such regulations as the Secretary of the Treasury shall prescribe, provide for the timely deposit of money by officials and agents of such agency in accordance with section 3302, and for the collection and timely deposit of sums owed to such agency by the use of such procedures as withdrawals and deposits by electronic transfer of funds, automatic withdrawals from accounts at financial institutions, and a system under which financial institutions receive and deposit, on behalf of the executive agency, payments transmitted to post office lockboxes. The Secretary is authorized to collect from any agency not complying with the requirements imposed pursuant to the preceding sentence a charge in an amount the Secretary determines to be the cost to the general fund caused by such noncompliance. (b) The head of an executive agency shall pay to the Secretary of the Treasury charges imposed pursuant to subsection (a). Payments shall be made out of amounts appropriated or otherwise made available to carry out the program to which the collections relate. The amounts of the charges paid under this subsection shall be deposited in the Cash Management Improvements Fund established by subsection (c). (c) There is established in the Treasury of the United States a revolving fund to be known as the 'Cash Management Improvements Fund'. Sums in the fund shall be available without fiscal year limitation for the payment of expenses incurred in developing the methods of collection and deposit described in subsection (a) of this section and the expenses incurred in carrying out collections and deposits using such methods, including the costs of personal services and the costs of the lease or purchase of equipment and operating facilities. -SOURCE- (Added Pub. L. 98-369, div. B, title VI, Sec. 2652(a)(1), July 18, 1984, 98 Stat. 1152.) -MISC1- RULES AND REGULATIONS Section 2652(a)(3) of Pub. L. 98-369 provided that: 'The Secretary of the Treasury shall prescribe regulations, including regulations under section 3720 of title 31, United States Code, designed to achieve by October 1, 1986, full implementation of the purposes of this subsection.' ------DocID 39416 Document 316 of 536------ -CITE- 31 USC Sec. 3720A -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER II -HEAD- Sec. 3720A. Reduction of tax refund by amount of debt -STATUTE- (a) Any Federal agency that is owed a past-due legally enforceable debt (other than any past-due support) by a named person shall, in accordance with regulations issued pursuant to subsection (d), notify the Secretary of the Treasury of the amount of such debt. (b) No Federal agency may take action pursuant to subsection (a) with respect to any debt until such agency - (1) notifies the person incurring such debt that such agency proposes to take action pursuant to such paragraph with respect to such debt; (2) gives such person at least 60 days to present evidence that all or part of such debt is not past-due or not legally enforceable; (3) considers any evidence presented by such person and determines that an amount of such debt is past due and legally enforceable; and (4) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under paragraph (3) with respect to such debt is valid and that the agency has made reasonable efforts to obtain payment of such debt. (c) Upon receiving notice from any Federal agency that a named person owes to such agency a past-due legally enforceable debt, the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall reduce such refunds by an amount equal to the amount of such debt, pay the amount of such reduction to such agency, and notify such agency of the individual's home address. (d) The Secretary of the Treasury shall issue regulations prescribing the time or times at which agencies must submit notices of past-due legally enforceable debts, the manner in which such notices must be submitted, and the necessary information that must be contained in or accompany the notices. The regulations shall specify the minimum amount of debt to which the reduction procedure established by subsection (c) may be applied and the fee that an agency must pay to reimburse the Secretary of the Treasury for the full cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence may be used to reimburse appropriations which bore all or part of the cost of applying such procedure. (e) Any Federal agency receiving notice from the Secretary of the Treasury that an erroneous payment has been made to such agency under subsection (c) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such agency under such subsection have been paid to such agency). (f)(1) Subsection (a) shall apply with respect to an OASDI overpayment made to any individual only if such individual is not currently entitled to monthly insurance benefits under title II of the Social Security Act. (2)(A) The requirements of subsection (b) shall not be treated as met in the case of the recovery of an OASDI overpayment from any individual under this section unless the notification under subsection (b)(1) describes the conditions under which the Secretary of Health and Human Services is required to waive recovery of an overpayment, as provided under section 204(b) of the Social Security Act. (B) In any case in which an individual files for a waiver under section 204(b) of the Social Security Act within the 60-day period referred to in subsection (b)(2), the Secretary of Health and Human Services shall not certify to the Secretary of the Treasury that the debt is valid under subsection (b)(4) before rendering a decision on the waiver request under such section 204(b). In lieu of payment, pursuant to subsection (c), to the Secretary of Health and Human Services of the amount of any reduction under this subsection based on an OASDI overpayment, the Secretary of the Treasury shall deposit such amount in the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary of the Treasury as appropriate by the Secretary of Health and Human Services. (g) For purposes of this section - (1) the term 'Federal agency' means a department, agency, or instrumentality of the United States (other than an agency subject to section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32; 16 U.S.C. 831h)), and includes a Government corporation (as such term is defined in section 103 of title 5, United States Code); (2) the term 'past-due support' means any delinquency subject to section 464 of the Social Security Act; and (3) the term 'OASDI overpayment' means any overpayment of benefits made to an individual under title II of the Social Security Act (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should be followed by a period. -SOURCE- (Added Pub. L. 98-369, div. B, title VI, Sec. 2653(a)(1), July 18, 1984, 98 Stat. 1153, and amended Pub. L. 101-508, title V, Sec. 5129(b), Nov. 5, 1990, 104 Stat. 1388-287.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 2653(c) of Pub. L. 98-369, see Effective and Termination Dates note below. -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (f)(1) and (g)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 204 and 464 of the Act are classified to sections 404 and 664, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508, Sec. 5129(b)(1), struck out 'OASDI overpayment and' after 'other than any'. Subsecs. (f), (g). Pub. L. 101-508, Sec. 5129(b)(2), (3), added subsec. (f) and redesignated former subsec. (f) as (g). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective Jan. 1, 1991, and inapplicable to refunds to which amendments by section 2653 of the Deficit Reduction Act of 1984, Pub. L. 98-369, do not apply, see section 5129(d) of Pub. L. 101-508, set out as a note under section 6402 of Title 26, Internal Revenue Code. EFFECTIVE AND TERMINATION DATES Section applicable with respect to refunds payable under section 6402 of Title 26 after Dec. 31, 1985, and on or before Jan. 10, 1994, see section 2653(c) of Pub. L. 98-369, as amended, set out as a note under section 6402 of Title 26, Internal Revenue Code. CLARIFICATION OF CONGRESSIONAL INTENT AS TO SCOPE OF AMENDMENTS BY SECTION 2653 OF PUB. L. 98-369 For provisions that nothing in amendments by section 2653 of Pub. L. 98-369, enacting this section, be construed as exempting debts of corporations or any other category of persons from application of such amendments, with such amendments to extend to all Federal agencies (as defined in such amendments), see section 9402(b) of Pub. L. 100-203, set out as a note under section 6402 of Title 26, Internal Revenue Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 6402; title 42 sections 404, 1395ccc. ------DocID 39417 Document 317 of 536------ -CITE- 31 USC SUBCHAPTER III -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- SUBCHAPTER III - CLAIMS AGAINST THE UNITED STATES GOVERNMENT ------DocID 39418 Document 318 of 536------ -CITE- 31 USC Sec. 3721 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3721. Claims of personnel of agencies and the District of Columbia government for personal property damage or loss -STATUTE- (a) In this section - (1) 'agency' does not include a nonappropriated fund activity or a contractor with the United States Government. (2) 'head of an agency' means - (A) for a military department, the Secretary of the military department; (B) for the Department of Defense (except the military departments), the Secretary of Defense; and (C) for another agency, the head of the agency. (3) 'settle' means consider, determine, adjust, and dispose of a claim by disallowance or by complete or partial allowance. (b) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. A claim allowed under this subsection may be paid in money or the personal property replaced in kind. (c) On paying a claim under this section, the Government is subrogated for the amount of the payment to a right or claim that the claimant may have against a foreign country for the damage or loss for which the Government made the payment. (d) The Mayor of the District of Columbia may settle and pay a claim against the District of Columbia government made by an officer or employee of the District of Columbia government to the same extent the head of an agency may settle and pay a claim under this section. (e) A claim may not be allowed under this section if the personal property damage or loss occurred at quarters occupied by the claimant in a State or the District of Columbia that were not assigned or provided in kind by the United States Government or the District of Columbia government. (f) A claim may be allowed under this section only if - (1) the claim is substantiated; (2) the head of the agency decides that possession of the property was reasonable or useful under the circumstances; and (3) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant. (g) A claim may be allowed under this section only if it is presented in writing within 2 years after the claim accrues. However, if a claim under subsection (b) of this section accrues during war or an armed conflict in which an armed force of the United States is involved, or has accrued within 2 years before war or an armed conflict begins, and for cause shown, the claim must be presented within 2 years after the cause no longer exists or after the war or armed conflict ends, whichever is earlier. An armed conflict begins and ends as stated in a concurrent resolution of Congress or a decision of the President. (h) The head of the agency - (1) may settle and pay a claim made by the surviving spouse, child, parent, or brother or sister of a dead member, officer, or employee if the claim is otherwise payable under this section; and (2) may settle and pay the claims by the survivors only in the following order: (A) the spouse's claim. (B) a child's claim. (C) a parent's claim. (D) a brother's or sister's claim. (i) Notwithstanding a contract, the representative of a claimant may not receive more than 10 percent of a payment of a claim made under this section for services related to the claim. A person violating this subsection shall be fined not more than $1,000. (j) The President may prescribe policies to carry out this section (except subsection (b) to the extent that subsection (b) applies to the military departments, the Department of Defense, and the Coast Guard). Subject to those policies, the head of each agency shall prescribe regulations to carry out this section. (k) Settlement of a claim under this section is final and conclusive. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 973; Pub. L. 97-452, Sec. 1(17), Jan. 12, 1983, 96 Stat. 2474; Pub. L. 100-565, Sec. 1, Oct. 31, 1988, 102 Stat. 2833.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3721(a), (b) 31:240(3). Aug. 31, 1964, Pub. L. 88-558, Sec. 2(3), 4, 78 Stat. 767, 768. 31:241(a)(1)(1st Aug. 31, 1964, Pub. sentence words L. 88-558, Sec. after 3d comma, 2d 3(a)(1), 78 Stat. sentence words 767; restated Sept. after last comma, 15, 1965, Pub. L. last sentence). 89-185, Sec. 3(b), 79 Stat. 789; Oct. 18, 1974, Pub. L. 93-455, Sec. 1(a), 88 Stat. 1381. 31:241(a)(2)(words Aug. 31, 1964, Pub. after 1st comma). L. 88-558, Sec. 3(a)(2), (3), (b)(2)-(d), 78 Stat. 767; restated Sept. 15, 1965, Pub. L. 89-185, Sec. 3(b)-(d), 79 Stat. 789, 790. 31:241(b)(1)(1st Aug. 31, 1964, Pub. sentence words L. 88-558, Sec. after 5th comma, 2d 3(b)(1), 78 Stat. sentence words 767; Sept. 15, after last comma, 1965, Pub. L. 89- last sentence). 185, Sec. 3(b), 79 Stat. 790; July 13, 1972, Pub. L. 92- 352, Sec. 106(a), 86 Stat. 491; restated Oct. 18, 1974, Pub. L. 93-455, Sec. 1(b), 88 Stat. 1381. 31:243a(d)(2d Aug. 31, 1964, Pub. sentence related to L. 88-558, 78 Stat. payment). 767, Sec. 9; added Dec. 12, 1980, Pub. L. 96-519, Sec. 1, 94 Stat. 3031. 3721(c)(1) 31:243a(a)(words after 1st comma). 3721(c)(2) 31:243a(e). 3721(c)(3) 31:243a(note). Dec. 12, 1980, Pub. L. 96-519, Sec. 2, 94 Stat. 3032. 3721(d) 31:241(f). Aug. 31, 1964, Pub. L. 88-558, 78 Stat. 767, Sec. 3(f); added Oct. 12, 1968, Pub. L. 90- 561, 82 Stat. 998. 3721(e) 31:241(c)(2). 3721(f) 31:241(a)(1)(2d sentence words before last comma), (b)(1)(2d sentence words before last comma), (c)(3). 31:243a(d)(2d sentence less payment, last sentence). 3721(g) 31:241(c)(1), (d). 31:243a(c). 3721(h) 31:241(a)(3), (b)(2). 31:243a(b). 3721(i) 31:243. Aug. 31, 1964, Pub. L. 88-558, 78 Stat. 767, Sec. 8; added Sept. 15, 1965, Pub. L. 89-185, Sec. 5, 79 Stat. 791. 3721(j) 31:241(a)(1)(1st sentence words before 3d comma), (2)(words before 1st comma), (b)(1)(1st sentence words before 5th comma). 31:243a(a)(words before 1st comma), (d)(1st sentence). 3721(k) 31:242. ------------------------------- In the section, the words 'or his designee' are omitted as unnecessary. In subsections (b) and (c), the word 'civilian' is omitted as surplus. In subsection (b), the words 'arising after August 31, 1964' and 'arising after October 18, 1974' and 31:241(a)(1)(last sentence) and (b)(1)(last sentence) are omitted as executed. In subsection (c)(1)(B), the words 'mob violence, terrorist attacks, or other' are omitted as surplus. The word 'members' is added for consistency. In subsection (c)(2), the words 'in which that damage or loss occurred' are omitted as surplus. In subsection (c)(3), the text of section 2(last sentence) of the Act of December 12, 1980 (Pub. L. 96-519, 94 Stat. 3032) is omitted as obsolete. Subsection (d) is substituted for 31:241(f) because of the restatement. In subsection (e), the words 'assigned to him or otherwise' in 31:241(c)(2) are omitted as surplus. The words 'or the District of Columbia government' are added because of the restatement. In subsection (f), the words 'the head of the agency decides' are substituted for 'determined to be' in 31:241(b)(1) for clarity. In subsection (g), the text of 31:243a(c)(words after 1st comma) are omitted as executed. The words 'in writing' and 'of the United States' in 31:241(c)(1) are omitted as unnecessary. In subsection (h)(1), the words 'the surviving . . . of a dead member, officer, or employee' are substituted for 'If a person named in this subsection is dead' and 'the decedent's surviving' in 31:241(a)(3) and (b)(2) and 'if such person is deceased' and 'the decedent's surviving' in 31:243a(b) to omit surplus words. The words 'that arose before, concurrently with, or after the decedent's death' in 31:241(a)(3) and (b)(2) and 31:243a(b) are omitted as surplus. The words 'child, parent, or brother or sister' are substituted for '(2) children, (3) father or mother, or both, or (4) brothers or sisters, or both' to eliminate surplus words and because of 1:1. The words 'otherwise payable' are substituted for 'otherwise covered' for clarity. Subsection (h)(2) is substituted for 'Claims of survivors shall be settled and paid in the order named' in 31:241(a)(3) and (b)(2) and 'Claims of survivors shall be settled and paid in the order set forth in the preceding sentence' in 31:243a(b) for clarity. In subsection (i), the words 'to the contrary' are omitted as surplus. The words 'representative of a claimant' are substituted for 'agent or attorney' for clarity and consistency. The words 'be paid or delivered to or' are omitted as surplus. The word 'payment' is substituted for 'amount paid in settlement' to eliminate unnecessary words. The words 'individual . . . submitted and settled . . . the authority of' are omitted as surplus. The words 'and the same shall be unlawful' are omitted because of the restatement. The words 'shall be deemed guilty of a misdemeanor and upon conviction thereof . . . in any sum' are omitted as surplus. In subsection (j), the words 'the purposes of' in 31:241(b)(1)(1st sentence words before 5th comma) are omitted as surplus. The words '(except subsection (b) to the extent that subsection (b) applies to the military departments, the Department of Defense, and the Coast Guard)' are substituted for the source provisions because of the restatement. The words 'to carry out this section' after 'regulations' are added for clarity. In subsection (k), the words 'Notwithstanding any other provision of law' are omitted as unnecessary. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3721(b) 31 App.:241(a)(1), July 28, 1982, Pub. (b)(1). L. 97-226, Sec. 1(a), 96 Stat. 245. ------------------------------- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-565, Sec. 1(1), substituted '$40,000' for '$25,000'. Subsec. (c). Pub. L. 100-565, Sec. 1(2), in amending subsec. (c) generally, redesignated former subsec. (c)(2) as (c) and substituted 'section' for 'subsection', struck out par. (1) which authorized agency head to pay claim against Government for not more than $40,000 to member of uniformed services, or officer or employee of agency, for damage to, or loss of, personal property in foreign country, incurred after December 30, 1978, incident to service, after evacuation from foreign country, and struck out par. (3) which limited amounts to be obligated or expended for claims to extent provided in advance in appropriation laws. 1983 - Subsec. (b). Pub. L. 97-452 substituted '$25,000' for '$15,000'. EFFECTIVE DATE OF 1988 AMENDMENT Section 2 of Pub. L. 100-565 provided that: 'The amendments made by this Act (amending this section) shall apply only to claims arising on or after the date of the enactment of this Act (Oct. 31, 1988).' EFFECTIVE DATE OF 1983 AMENDMENT Section 2(g) of Pub. L. 97-452 provided that: 'The amendment made by section 1(17) of this Act (amending this section) applies only to claims arising after July 27, 1982.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 18i, 558c; title 26 section 6402; title 43 section 1737. ------DocID 39419 Document 319 of 536------ -CITE- 31 USC Sec. 3722 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3722. Claims of officers and employees at Government penal and correctional institutions -STATUTE- (a) The Attorney General may settle and pay not more than $1,000 in any one case for a claim made by an officer or employee at a United States Government penal or correctional institution for damage to, or loss of, personal property incident to employment. (b) A claim may not be allowed under this section if the loss occurred at quarters occupied by the claimant that were not assigned or provided in kind by the Government. (c) A claim may be allowed only if - (1) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant; (2) the Attorney General decides that possession of the property was reasonable or useful under the circumstances; and (3) it is presented in writing within one year after it accrues. (d) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim. (e) Necessary amounts are authorized to be appropriated to carry out this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 974.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3722(a) 31:238(1st sentence). June 10, 1949, ch. 187, 63 Stat. 167. 3722(b) 31:238(2d sentence last 25 words before last semicolon). 3722(c) 31:238(2d sentence less last 25 words before last semicolon). 3722(d) 31:238(last sentence). 3722(e) 31:238(note). ------------------------------- In subsection (a), the words 'and such other officer or officers as he may designate for such purpose' are omitted as unnecessary because of 28:509. The word 'settle' is substituted for 'consider, determine, adjust' for consistency. The words 'the sum of' are omitted as surplus. The words 'officer or employee' are substituted for 'persons employed' for consistency in the revised title and with other titles of the United States Code. The words 'or destruction' are omitted as surplus. In subsection (b), the words 'assigned to him . . . otherwise' are omitted as surplus. In subsection (c)(1), the words 'no part' are substituted for 'not . . . in whole or in part' because of the restatement. In subsection (c)(2), the words 'the Attorney General decides that possession of' are substituted for 'is determined' for clarity. The words 'claimed to be damaged, lost, or destroyed' and 'necessary, or proper . . . attendant' are omitted as surplus. In subsection (c)(3), the word 'accrues' is substituted for 'the occurrence of the accident or incident out of which such claim arises' to eliminate unnecessary words. In subsection (d), the words 'A claim may be paid under this section' are added for clarity. The words 'the amount of the settlement' are substituted for 'an award hereunder' for consistency. The words 'in complete satisfaction of the claim' are substituted for 'shall release the United States, its agents or employees, from any further claim by such claimant arising out of the same incident' to eliminate unnecessary words. ------DocID 39420 Document 320 of 536------ -CITE- 31 USC Sec. 3723 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3723. Small claims for privately owned property damage or loss -STATUTE- (a) The head of an agency (except a military department of the Department of Defense or the Coast Guard) may settle a claim for not more than $1,000 for damage to, or loss of, privately owned property that - (1) is caused by the negligence of an officer or employee of the United States Government acting within the scope of employment; and (2) may not be settled under chapter 171 of title 28. (b) A claim under this section may be allowed only if it is presented to the head of the agency within one year after it accrues. (c) A claim under this section may be paid as provided in section 1304 of this title only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 975.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3723(a) 31:215(1st Dec. 28, 1922, ch. sentence), 216. 17, Sec. 1-3, 42 Stat. 1066. 31:216(note). July 3, 1943, ch. 189, Sec. 4, 57 Stat. 373. 31:216(note). Dec. 28, 1945, ch. 597, Sec. 4(words before 3d comma), 59 Stat. 662. 31:216(note). Dec. 28, 1945, ch. 597, 59 Stat. 662, Sec. 5(last sentence); added Mar. 20, 1946, ch. 104, 60 Stat. 56. Aug. 2, 1946, ch. 753, Sec. 424(a)(last par. on p. 846), 60 Stat. 846. 3723(b) 31:215(last sentence proviso). 3723(c) 31:215(last sentence less proviso), 217. ------------------------------- In subsection (a), before clause (1), the text of 31:216(words before semicolon) is omitted as unnecessary because of section 102 of the revised title. The words 'acting on behalf of the Government of the United States' in 31:215 are omitted as unnecessary. The word 'settle' is substituted for 'consider, ascertain, adjust, and determine' for consistency. The words 'after April 6, 1917' are omitted as executed. In subsection (c), the words 'A claim under this section may be paid' are added for clarity. The words 'as provided in section 1304 of this title' are substituted for 31:215(last sentence less proviso) because 31:215(last sentence less proviso) is superseded by section 201 of the Supplemental Appropriations Act, 1978 (Pub. L. 95-240, 92 Stat. 116). The words 'of the settlement' are substituted for 'determined under the provisions of sections 215 and 216 of this title' in 31:217 for consistency and to eliminate unnecessary words. The word 'complete' is substituted for 'full' for consistency. The word 'satisfaction' is substituted for 'settlement' for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1304 of this title. ------DocID 39421 Document 321 of 536------ -CITE- 31 USC Sec. 3724 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3724. Claims for damages caused by investigative or law enforcement officers of the Department of Justice -STATUTE- (a) The Attorney General may settle, for not more than $50,000 in any one case, a claim for personal injury, death, or damage to, or loss of, privately owned property, caused by an investigative or law enforcement officer as defined in section 2680(h) of title 28 who is employed by the Department of Justice acting within the scope of employment that may not be settled under chapter 171 of title 28. An officer or employee of the United States Government may not present a claim arising during the scope of employment. A claim may be allowed only if it is presented to the Attorney General within one year after it accrues. (b) The Attorney General shall report annually to the Congress on all settlements made under this section. With respect to each such settlement, the Attorney General shall include a brief statement on the type of the claim, the amount claimed, and the amount of the settlement. (c) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 975; Pub. L. 101-203, Sec. 1(a), (b)(1), Dec. 7, 1989, 103 Stat. 1805.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3724(a) 31:224b(words before Mar. 20, 1936, ch. 9th comma and 159, 49 Stat. 1184. between 10th and 11th commas, 1st, 2d provisos). 31:224b(note). Aug. 2, 1946, ch. 753, Sec. 424(a)(2d par. on p. 847), (b)(related to 2d par. of (a) on p. 847), 60 Stat. 847. 3724(b) 31:224b(words between 9th and 10th commas and between 11th comma and 1st proviso). 3724(c) 31:224b(last proviso). ------------------------------- In subsection (a), the words 'of the United States' are omitted as unnecessary. The word 'settle' is substituted for 'consider, adjust, and determine' for consistency. The words 'after January 1, 1934' are omitted as executed. The words 'personal injury, death' are substituted for 'damages to any person' for clarity. The words 'of the Department of Justice' are omitted as unnecessary. The words 'that may not be settled under chapter 171 of title 28' are substituted for section 424(a)(2d par. on p. 847) and (b)(related to 2d par. of (a) on p. 847) of the Legislative Reorganization Act of 1946 (31:224b(note)) because of the restatement. The words 'An officer or employee of the United States Government may not present a claim arising during the scope of employment' are substituted for 31:224b(1st proviso) to eliminate unnecessary words. The text of 31:224b(2d proviso words after semicolon) is omitted as executed. In subsection (b), the word 'settlement' is substituted for 'amount as may be found due to any claimant . . . as a legal claim' for clarity and consistency. The words 'by Congress' are omitted as surplus. In subsection (c), the words 'A claim may be paid under this section' are added for clarity. The words 'of the settlement' are substituted for 'determined to be due him under the provisions of this section' for consistency and to eliminate unnecessary words. The word 'complete' is substituted for 'full and final' to eliminate unnecessary words. The word 'satisfaction' is substituted for 'settlement' for clarity. AMENDMENTS 1989 - Pub. L. 101-203, Sec. 1(b)(1), amended section catchline generally, substituting 'investigative or law enforcement officers of the Department of Justice' for 'the Federal Bureau of Investigation'. Subsec. (a). Pub. L. 101-203, Sec. 1(a)(1), substituted '$50,000' for '$500' and 'an investigative or law enforcement officer as defined in section 2680(h) of title 28 who is employed by the Department of Justice' for 'the Director or an Assistant Director, inspector, or special agent of the Federal Bureau of Investigation'. Subsec. (b). Pub. L. 101-203, Sec. 1(a)(2), substituted 'report annually to the Congress on all settlements made under this section. With respect to each such settlement, the' for 'certify to Congress a settlement under this section for payment out of an appropriation that may be made to pay the settlement. The'. EFFECTIVE DATE OF 1989 AMENDMENT Section 2 of Pub. L. 101-203 provided that: 'The amendments made by section 1 (amending this section) shall apply to - '(1) any claim arising on or after the date of the enactment of this Act (Dec. 7, 1989), '(2) any claim pending on such date, and '(3) any claim arising before such date which has not been settled if the time for presenting the claim to the Attorney General under the last sentence of section 3724(a) of title 31, United States Code, has not expired.' ------DocID 39422 Document 322 of 536------ -CITE- 31 USC Sec. 3725 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3725. Claims of non-nationals for personal injury or death in a foreign country -STATUTE- (a) The Secretary of State may settle, for not more than $1,500 in any one case, a claim for personal injury or death of an individual not a national of the United States in a foreign country in which the United States exercises privileges of extraterritoriality when the injury or death is caused by an officer, employee, or agent of the United States Government (except of a military department of the Department of Defense or the Coast Guard). An officer or employee of the Government may not present a claim. A claim under this section may be allowed only if it is presented to the Secretary within one year after it accrues. (b) The Secretary shall certify to Congress a settlement under this section for payment out of an appropriation that may be made to pay the settlement. The Secretary shall include a brief statement on the type of the claim, the amount claimed, and the amount of the settlement. (c) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 975.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3725(a) 31:224a(words before Feb. 13, 1936, ch. 21st comma, 1st, 2d 67, 49 Stat. 1138. provisos). 31:224a(note). July 3, 1943, ch. 189, Sec. 7, 57 Stat. 374. Dec. 28, 1945, ch. 597, Sec. 1, 59 Stat. 662. Dec. 28, 1945, ch. 597, 59 Stat. 662, Sec. 5(1st sentence); added Mar. 20, 1946, ch. 104, 60 Stat. 56. 3725(b) 31:224a(words between 21st comma and 1st proviso). 3725(c) 31:224a(last proviso). ------------------------------- In subsection (a), the word 'settle' is substituted for 'consider, adjust, and determine' for consistency. The words 'United States currency' are omitted as surplus. The words 'after February 13, 1936' are omitted as executed. The words 'act of omission of any' are omitted as surplus. The words '(except of a military department of the Department of Defense or the Coast Guard)' are substituted for 'including all officers, enlisted men, and employees of the Army, Air Force, Navy, and Marine Corps' because of 10:2734, section 7 of the Act of July 3, 1943 (ch. 189, 57 Stat. 374), and sections 1 and 5(1st sentence) of the Act of December 28, 1945 (ch. 597, 59 Stat. 662). The words 'An officer or employee of the Government may not present a claim' are substituted for 31:224a(1st proviso) for consistency and to eliminate unnecessary words. The words 'by the Secretary of State' are omitted as surplus. In subsection (b), the word 'settlement' is substituted for 'amount as may be found to be due to any claimant . . . as a legal claim' for clarity and consistency. The words 'by Congress' are omitted as surplus. In subsection (c), the words 'A claim may be paid under this section' are added for clarity. The words 'of the settlement' are substituted for 'determined under the provisions of this section' for consistency and to eliminate unnecessary words. The word 'complete' is substituted for 'full' for consistency. The word 'satisfaction' is substituted for 'settlement' for clarity. ------DocID 39423 Document 323 of 536------ -CITE- 31 USC Sec. 3726 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3726. Payment for transportation -STATUTE- (a) A carrier or freight forwarder presenting a bill for transporting an individual or property for the United States Government may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe. A claim under this section shall be allowed only if it is received by the Administrator not later than 3 years (excluding time of war) after the later of the following dates: (1) accrual of the claim; (2) payment for the transportation is made; (3) refund for an overpayment for the transportation is made; or (4) a deduction under subsection (b) of this section is made. (b) Not later than 3 years (excluding time of war) after the time a bill is paid, the Government may deduct from an amount subsequently due a carrier or freight forwarder an amount paid on the bill that was greater than the rate allowed under - (1) a lawful tariff on file with the Interstate Commerce Commission, the Secretary of Transportation with respect to foreign air transportation (as defined in the Federal Aviation Act of 1958), the Federal Maritime Commission, or a State transportation authority; or (2) sections 10721-10724 of title 49 or an equivalent arrangement or an exemption. (c) Expenses of transportation audit contracts and contract administration shall be financed from overpayments collected from carriers on transportation bills paid by the Government and other similar type refunds at not to exceed 40 percent of such collections annually. Payment to any contractor shall not exceed 50 percent of the overpayments identified by any contract audit. (d) At least annually, and as determined by the Administrator, after making adequate provision for expenses of refunds to carriers, transportation audit contracts, and contract administration authorized in subsection (c), the balance of the overpayments collected by the General Services Administration shall be transferred to miscellaneous receipt (FOOTNOTE 1) of the Treasury. A report of receipts, disbursements, and transfers (to miscellaneous receipts) pursuant to this section shall be made annually in connection with the budget estimates to the Director of the Office of Management and Budget and to the Congress. (FOOTNOTE 1) So in original. Probably should be 'receipts'. (e) The Administrator may delegate any authority conferred by this section to another agency or agencies if the Administrator determines that such a delegation would be cost-effective or otherwise in the public interest. (f) Under regulations the head of an agency prescribes that conform with standards the Secretary of the Treasury and the Comptroller General prescribe jointly, a bill under this section may be paid before the transportation is completed notwithstanding section 3324 of this title when a carrier or freight forwarder issues the usual document for the transportation. Payment for transportation ordered but not provided may be recovered by deduction or other means. (g)(1) A carrier or freight forwarder may request the Comptroller General to review the action of the Administrator if the request is received not later than 6 months (excluding time of war) after the Administrator acts or within the time stated in subsection (a) of this section, whichever is later. (2) This section does not prevent the Comptroller General from conducting an audit under chapter 35 of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 976; Pub. L. 98-443, Sec. 9(f), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 99-627, Sec. 1, Nov. 7, 1986, 100 Stat. 3508.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3726(a) 31:244(a)(1st Sept. 18, 1940, ch. sentence, last 722, Sec. 322(a), sentence last 54 Stat. 955; Aug. proviso). 26, 1958, Pub. L. 85-762, Sec. 2, 72 Stat. 860; Oct. 25, 1972, Pub. L. 92- 550, Sec. 1(a), 86 Stat. 1163; Jan. 2, 1975, Pub. L. 93- 604, Sec. 201(1), (2), 88 Stat. 1960. 3726(b) 31:244(a)(2d sentence, last sentence less last proviso). 3726(c) 31:244(c), (d). Sept. 18, 1940, ch. 722, 54 Stat. 898, Sec. 322(c), (d); added Oct. 25, 1972, Pub. L. 92- 550, Sec. 1(b), 86 Stat. 1164; Jan. 2, 1975, Pub. L. 93- 604, Sec. 201(3), 88 Stat. 1960. 3726(d)(1) 31:244(b). Sept. 18, 1940, ch. 722, 54 Stat. 898, Sec. 322(b); added Jan. 2, 1975, Pub. L. 93-604, Sec. 201(3), 88 Stat. 1960. 3726(d)(2) 31:244(a)(3d sentence). ------------------------------- In the section, the words 'Administrator of General Services' are substituted for 'General Services Administration, or his designee' for consistency. The word 'freight' is added for clarity and consistency with 49:10101 et seq. In subsection (a), before clause (1), the word 'individual' is substituted for 'persons' for consistency. The words 'or on behalf of' are omitted as unnecessary. The words 'for charges for transportation . . . the purview of' are omitted as surplus. In clause (1), the word 'claim' is substituted for 'cause of action thereon' for consistency. In clauses (2) and (3), the words 'is made' are substituted for 'of charges . . . involved' and 'subsequent . . . of such charges' to eliminate unnecessary words. In subsection (b), before clause (1), the words 'Provided, however, That such deductions shall be made' are omitted because of the restatement. The words 'found to be' are omitted as surplus. The words 'of any overcharge by any carrier or forwarder' and 'The term 'overcharges' shall be deemed to mean . . . those applicable thereto' are omitted because of the restatement. The word 'rate' is substituted for 'charges for transportation services' and 'rates, fares, and charges' for consistency with title 49. In clause (1), the word 'authority' is substituted for 'regulatory agency' for consistency. In clause (2), the words 'established' and 'contract . . . from regulation' are omitted as surplus. In subsection (c), the text of 31:244(d) and the words 'Government', 'or his designee', and 'of the United States' are omitted as unnecessary. The words 'under this section' are substituted for 'for passenger or freight transportation services to be furnished the United States by any carrier or forwarder' to eliminate unnecessary words. The word 'transportation' is substituted for 'services' for consistency. The words 'ticket, receipt, bill of lading, or equivalent . . . involved' and 'as ordered by the United States' are omitted as surplus. In subsection (d)(1), the words 'may request' are substituted for 'Nothing in subsection (a) of this section hereof shall be deemed to prevent . . . from requesting' to eliminate unnecessary words. The words 'of limitation' are omitted as surplus. In subsection (d)(2), the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. -REFTEXT- REFERENCES IN TEXT The Federal Aviation Act of 1958, referred to in subsec. (b)(1), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified principally to chapter 20 (Sec. 1301 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 49, Appendix, and Tables. -MISC2- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-627, Sec. 1(1), amended first sentence generally, substituting 'may be paid before the Administrator of General Services conducts an audit, in accordance with regulations that the Administrator shall prescribe' for 'shall be paid before the Administrator of General Services conducts an audit'. Subsecs. (c) to (g). Pub. L. 99-627, Sec. 1(2), (3), added subsecs. (c) to (e) and redesignated former subsecs. (c) and (d) as (f) and (g), respectively. 1984 - Subsec. (b)(1). Pub. L. 98-443 substituted 'Secretary of Transportation with respect to foreign air transportation (as defined in the Federal Aviation Act of 1958)' for 'Civil Aeronautics Board'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government Organization and Employees. TASK FORCE Section 2 of Pub. L. 99-627 provided that: '(a) Within 60 days after the date of enactment of this Act (Nov. 7, 1986), the Administrator of General Services shall establish a task force to study and investigate the feasibility, desirability, and economy of an integrated, automated system that Federal agencies may use in managing the transportation of property for the United States. '(b) The task force established under subsection (a) shall - '(1) be chaired by a representative of the Administrator; '(2) include representatives of the Department of Defense and other Federal agencies significantly involved in the transportation of property for the United States; and '(3) solicit the views of private businesses with expertise in the matters being considered by the task force. '(c) In studying and investigating the integrated, automated system, the task force shall consider including in that system such elements as automated routing, rating, documentation, payment, and auditing. '(d) Each department, agency, and instrumentality of the Federal Government shall furnish to the task force, upon its request, such data, reports, and other information (not otherwise prohibited by law) as the task force deems necessary to carry out its functions under this section. '(e) The head of each such department, agency, and instrumentality may provide to the task force such services and personnel as the task force requests on such basis (reimbursable or otherwise) as may be agreed upon between such department, agency, or instrumentality and the task force. '(f) The task force shall submit a final report on the results of its study and investigation to the Congress not later than July 1, 1988.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3528 of this title; title 2 sections 142b, 142e, 142f; title 44 section 308; title 49 section 11706. ------DocID 39424 Document 324 of 536------ -CITE- 31 USC Sec. 3727 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3727. Assignments of claims -STATUTE- (a) In this section, 'assignment' means - (1) a transfer or assignment of any part of a claim against the United States Government or of an interest in the claim; or (2) the authorization to receive payment for any part of the claim. (b) An assignment may be made only after a claim is allowed, the amount of the claim is decided, and a warrant for payment of the claim has been issued. The assignment shall specify the warrant, must be made freely, and must be attested to by 2 witnesses. The person making the assignment shall acknowledge it before an official who may acknowledge a deed, and the official shall certify the assignment. The certificate shall state that the official completely explained the assignment when it was acknowledged. An assignment under this subsection is valid for any purpose. (c) Subsection (b) of this section does not apply to an assignment to a financing institution of money due or to become due under a contract providing for payments totaling at least $1,000 when - (1) the contract does not forbid an assignment; (2) unless the contract expressly provides otherwise, the assignment - (A) is for the entire amount not already paid; (B) is made to only one party, except that it may be made to a party as agent or trustee for more than one party participating in the financing; and (C) may not be reassigned; and (3) the assignee files a written notice of the assignment and a copy of the assignment with the contracting official or the head of the agency, the surety on a bond on the contract, and any disbursing official for the contract. (d) During a war or national emergency proclaimed by the President or declared by law and ended by proclamation or law, a contract with the Department of Defense, the General Services Administration, the Department of Energy (when carrying out duties and powers formerly carried out by the Atomic Energy Commission), or other agency the President designates may provide, or may be changed without consideration to provide, that a future payment under the contract to an assignee is not subject to reduction or setoff. A payment subsequently due under the contract (even after the war or emergency is ended) shall be paid to the assignee without a reduction or setoff for liability of the assignor - (1) to the Government independent of the contract; or (2) because of renegotiation, fine, penalty (except an amount that may be collected or withheld under, or because the assignor does not comply with, the contract), taxes, social security contributions, or withholding or failing to withhold taxes or social security contributions, arising from, or independent of, the contract. (e)(1) An assignee under this section does not have to make restitution of, refund, or repay the amount received because of the liability of the assignor to the Government that arises from or is independent of the contract. (2) The Government may not collect or reclaim money paid to a person receiving an amount under an assignment or allotment of pay or allowances authorized by law when liability may exist because of the death of the person making the assignment or allotment. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 976.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3727(a) 31:203(1st par. R.S. Sec. 3477; May words before 9th 27, 1908, ch. comma). 206(last par. on p. 411), 35 Stat. 411; Oct. 9, 1940, ch. 779, Sec. 1(related to Sec. 3477), 54 Stat. 1029; May 15, 1951, ch. 75, Sec. 1(related to Sec. 1 related to Sec. 3477), 65 Stat. 41. 3727(b) 31:203(1st par. words after 9th comma, 3d, last pars.). 3727(c) 31:203(2d par.). 3727(d) 31:203(5th par.). 3727(e)(1) 31:203(4th par.). 3727(e)(2) 31:239. Aug. 10, 1956, ch. 1041, Sec. 45, 70A Stat. 638. ------------------------------- In subsection (a)(1), the words 'or share thereof' and 'whether absolute or conditional, and whatever may be the consideration therefor' are omitted as surplus. In clause (2), the word 'authorization' is substituted for 'powers of attorney, orders, or other authorities' to eliminate unnecessary words. In subsections (b) and (c), the word 'official' is substituted for 'officer' for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words 'Except as hereinafter provided' are omitted as unnecessary. The words 'read and' are omitted as surplus. The words 'to the person acknowledging the same' are omitted as unnecessary. The text of 31:203(1st par. last sentence) is omitted as superseded by 39:410. The words 'Notwithstanding any law to the contrary governing the validity of assignments' and the text of 31:203(last par.) are omitted as unnecessary. In subsection (c), before clause (1), the words 'bank, trust company, or other . . . including any Federal lending agency' are omitted as surplus. The words 'of money due or to become due under a contract providing for payments totaling at least $1,000' are substituted for 'in any case in which the moneys due or to become due from the United States or from any agency or department thereof, under a contract providing for payments aggregating $1,000 or more' to eliminate unnecessary words. The text of 31:203(2d par. proviso cl. 1) is omitted as executed. In clause (1), the words 'in the case of any contract entered into after October 9, 1940' are omitted as executed. In clause (2)(A), the words 'payable under such contract' are omitted as surplus. In clause (3), the words 'true' and 'instrument of' are omitted as surplus. The words 'department or' are omitted because of the restatement. The words 'if any' and 'to make payment' are omitted as surplus. In subsection (d), before clause (1), the words 'During a war or national emergency proclaimed by the President or declared by law and ended by proclamation or law' are substituted for 'in time of war or national emergency proclaimed by the President (including the national emergency proclaimed December 16, 1950) or by Act or joint resolution of the Congress and until such war or national emergency has been terminated in such manner' to eliminate unnecessary words. The words 'Department of Energy (when carrying out duties and powers formerly carried out by the Atomic Energy Commission)' are substituted for 'Atomic Energy Commission' (which was reconstituted as the Energy Research and Development Administration by 42:5813 and 5814) because of 42:7151(a) and 7293. The words 'other department or . . . of the United States . . . except any such contract under which full payment has been made' and 'of any moneys due or to become due under such contract' before 'shall not be subject' are omitted as surplus. The words 'A payment subsequently due under the contract (even after the war or emergency is ended) shall be paid to the assignee without' are substituted for 'and if such provision or one to the same general effect has been at any time heretofore or is hereafter included or inserted in any such contract, payments to be made thereafter to an assignee of any moneys due or to become due under such contract, whether during or after such war or emergency . . . hereafter' to eliminate unnecessary words. The words 'of any nature' are omitted as surplus. In clause (1), the words 'or any department or agency thereof' are omitted as unnecessary. In clause (2), the words 'under any renegotiation statute or under any statutory renegotiation article in the contract' are omitted as surplus. Subsection (e)(1) is substituted for 31:203(4th par.) to eliminate unnecessary words. In subsection (e)(2), the words 'person receiving an amount under an assignment or allotment' are substituted for 'assignees, transferees, or allotees' for clarity and consistency. The words 'or to others for them' and 'with respect to such assignments, transfers, or allotments or the use of such moneys' are omitted as surplus. The words 'person making the assignment or allotment' are substituted for 'assignors, transferors, or alloters' for clarity and consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 sections 2392, 4060; title 25 section 1725; title 26 section 6422; title 43 section 1628; title 50 section 1651. ------DocID 39425 Document 325 of 536------ -CITE- 31 USC Sec. 3728 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3728. Setoff against judgment -STATUTE- (a) The Comptroller General shall withhold paying that part of a judgment against the United States Government presented to the Comptroller General that is equal to a debt the plaintiff owes the Government. (b) The Comptroller General shall - (1) discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or (2)(A) withhold payment of an additional amount the Comptroller General decides will cover legal costs of bringing a civil action for the debt if the plaintiff denies the debt or does not agree to the setoff; and (B) have a civil action brought if one has not already been brought. (c) If the Government loses a civil action to recover a debt or recovers less than the amount the Comptroller General withholds under this section, the Comptroller General shall pay the plaintiff the balance and interest of 6 percent for the time the money is withheld. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 977.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3728(a) 31:227(1st sentence Mar. 3, 1875, ch. words before 149, 18 Stat. 481; semicolon). restated Mar. 3, 1933, ch. 212, Sec. 13, 47 Stat. 1516. 3728(b) 31:227(1st sentence words after semicolon, 2d, 3d sentences). 3728(c) 31:227(last sentence). ------------------------------- In the section, the words 'of the United States' are omitted as unnecessary. In subsection (a), the words 'final . . . recovered . . . duly allowed by legal authority', 'for payment', and 'in any manner, whether as principal or surety' are omitted as surplus. In subsection (b)(1), the words 'due from the plaintiff to the United States' are omitted as surplus. In subsection (b)(2)(A), the words 'of such judgment', 'be sufficient to', and 'charges and' are omitted as surplus. The words 'of bringing a civil action' are substituted for 'in prosecuting the debt' for consistency in the revised title and with other titles of the United States Code. The words 'of the United States to final judgment' and 'to the United States' are omitted as surplus. Subsection (b)(2)(B) is substituted for 31:227(3d sentence) for consistency and to eliminate unnecessary words. In subsection (c), the words 'for debt and costs', 'thereon', and 'from the plaintiff' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 6422. ------DocID 39426 Document 326 of 536------ -CITE- 31 USC Sec. 3729 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3729. False claims -STATUTE- (a) Liability for Certain Acts. - Any person who - (1) knowingly presents, or causes to be presented, to an officer or employee of the United States Government or a member of the Armed Forces of the United States a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government; (3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid; (4) has possession, custody, or control of property or money used, or to be used, by the Government and, intending to defraud the Government or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate or receipt; (5) authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge the property; or (7) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government, is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains because of the act of that person, except that if the court finds that - (A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information; (B) such person fully cooperated with any Government investigation of such violation; and (C) at the time such person furnished the United States with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this title with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation; the court may assess not less than 2 times the amount of damages which the Government sustains because of the act of the person. A person violating this subsection shall also be liable to the United States Government for the costs of a civil action brought to recover any such penalty or damages. (b) Knowing and Knowingly Defined. - For purposes of this section, the terms 'knowing' and 'knowingly' mean that a person, with respect to information - (1) has actual knowledge of the information; (2) acts in deliberate ignorance of the truth or falsity of the information; or (3) acts in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required. (c) Claim Defined. - For purposes of this section, 'claim' includes any request or demand, whether under a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient if the United States Government provides any portion of the money or property which is requested or demanded, or if the Government will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded. (d) Exemption From Disclosure. - Any information furnished pursuant to subparagraphs (A) through (C) of subsection (a) shall be exempt from disclosure under section 552 of title 5. (e) Exclusion. - This section does not apply to claims, records, or statements made under the Internal Revenue Code of 1954. (FOOTNOTE 1) (FOOTNOTE 1) See References in Text note below. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 978; Pub. L. 99-562, Sec. 2, Oct. 27, 1986, 100 Stat. 3153.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3729 31:231. R.S. Sec. 3490. ------------------------------- In the section, before clause (1), the words 'a member of an armed force of the United States' are substituted for 'in the military or naval forces of the United States, or in the militia called into or actually employed in the service of the United States' and 'military or naval service' for consistency with title 10. The words 'is liable' are substituted for 'shall forfeit and pay' for consistency. The words 'civil action' are substituted for 'suit' for consistency in the revised title and with other titles of the United States Code. The words 'and such forfeiture and damages shall be sued for in the same suit' are omitted as unnecessary because of rules 8 and 10 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In clauses (1)-(3), the words 'false or fraudulent' are substituted for 'false, fictitious, or fraudulent' and 'Fraudulent or fictitious' to eliminate unnecessary words and for consistency. In clause (1), the words 'presents, or causes to be presented' are substituted for 'shall make or cause to be made, or present or cause to be presented' for clarity and consistency and to eliminate unnecessary words. The words 'officer or employee of the Government or a member of an armed force' are substituted for 'officer in the civil, military, or naval service of the United States' for consistency in the revised title and with other titles of the Code. The words 'upon or against the Government of the United States, or any department of the United States, or any department or officer thereof' are omitted as surplus. In clause (2), the word 'knowingly' is substituted for 'knowing the same to contain any fraudulent or fictitious statement or entry' to eliminate unnecessary words. The words 'record or statement' are substituted for 'bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition' for consistency in the revised title and with other titles of the Code. In clause (3), the words 'conspires to' are substituted for 'enters into any agreement, combination, or conspiracy' to eliminate unnecessary words. The words 'of the United States, or any department or officer thereof' are omitted as surplus. In clause (4), the words 'charge', 'or other', and 'to any other person having authority to receive the same' are omitted as surplus. In clause (5), the words 'document certifying receipt' are substituted for 'certificate, voucher, receipt, or other paper certifying the receipt' to eliminate unnecessary words. The words 'arms, ammunition, provisions, clothing, or other', 'to any other person', and 'the truth of' are omitted as surplus. In clause (6), the words 'arms, equipments, ammunition, clothes, military stores, or other' are omitted as surplus. The words 'member of an armed force' are substituted for 'soldier, officer, sailor, or other person called into or employed in the military or naval service' for consistency with title 10. The words 'such soldier, sailor, officer, or other person' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Internal Revenue Code of 1954, referred to in subsec. (e), was redesignated the Internal Revenue Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, and is classified to Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-562, Sec. 2(1), designated existing provisions as subsec. (a), inserted subsec. heading, and substituted 'Any person who' for 'A person not a member of an armed force of the United States is liable to the United States Government for a civil penalty of $2,000, an amount equal to 2 times the amount of damages the Government sustains because of the act of that person, and costs of the civil action, if the person' in introductory provisions. Subsec. (a)(1). Pub. L. 99-562, Sec. 2(2), substituted 'United States Government or a member of the Armed Forces of the United States' for 'Government or a member of an armed force'. Subsec. (a)(2). Pub. L. 99-562, Sec. 2(3), inserted 'by the Government' after 'approved'. Subsec. (a)(4). Pub. L. 99-562, Sec. 2(4), substituted 'control of property' for 'control of public property' and 'by the Government' for 'in an armed force'. Subsec. (a)(5). Pub. L. 99-562, Sec. 2(5), substituted 'by the Government' for 'in an armed force' and 'true;' for 'true; or'. Subsec. (a)(6). Pub. L. 99-562, Sec. 2(6), substituted 'an officer or employee of the Government, or a member of the Armed Forces,' for 'a member of an armed force' and 'property; or' for 'property.' Subsec. (a)(7). Pub. L. 99-562, Sec. 2(7), added par. (7). Subsecs. (b) to (e). Pub. L. 99-562, Sec. 2(7), added subsecs. (b) to (e). INCREASED PENALTIES FOR FALSE CLAIMS IN DEFENSE PROCUREMENT Pub. L. 99-145, title IX, Sec. 931(b), Nov. 8, 1985, 99 Stat. 699, provided that: 'Notwithstanding section 3729 of title 31, United States Code, the amount of the liability under that section in the case of a person who makes a false claim related to a contract with the Department of Defense shall be a civil penalty of $2,000, an amount equal to three times the amount of the damages the Government sustains because of the act of the person, and costs of the civil action.' (Section 931(c) of Pub. L. 99-145 provided that section 931(b) is applicable to claims made or presented on or after Nov. 8, 1985.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3730, 3731, 3732, 3733 of this title; title 10 section 2324. ------DocID 39427 Document 327 of 536------ -CITE- 31 USC Sec. 3730 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3730. Civil actions for false claims -STATUTE- (a) Responsibilities of the Attorney General. - The Attorney General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person. (b) Actions by Private Persons. - (1) A person may bring a civil action for a violation of section 3729 for the person and for the United States Government. The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. (2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. (3) The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure. (4) Before the expiration of the 60-day period or any extensions obtained under paragraph (3), the Government shall - (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (5) When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. (c) Rights of the Parties to Qui Tam Actions. - (1) If the Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2). (2)(A) The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (B) The Government may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (C) Upon a showing by the Government that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Government's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as - (i) limiting the number of witnesses the person may call; (ii) limiting the length of the testimony of such witnesses; (iii) limiting the person's cross-examination of witnesses; or (iv) otherwise limiting the participation by the person in the litigation. (D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (3) If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government's expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the Government to intervene at a later date upon a showing of good cause. (4) Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Government has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (5) Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the United States, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review. (d) Award to Qui Tam Plaintiff. - (1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Whether or not the Government proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of section 3729 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of section 3729, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the United States to continue the action, represented by the Department of Justice. (4) If the Government does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (e) Certain Actions Barred. - (1) No court shall have jurisdiction over an action brought by a former or present member of the armed forces under subsection (b) of this section against a member of the armed forces arising out of such person's service in the armed forces. (2)(A) No court shall have jurisdiction over an action brought under subsection (b) against a Member of Congress, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the Government when the action was brought. (B) For purposes of this paragraph, 'senior executive branch official' means any officer or employee listed in section (FOOTNOTE 1) paragraphs (1) through (8) of section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (FOOTNOTE 1) So in original. The word 'section' probably should not appear. (3) In no event may a person bring an action under subsection (b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the Government is already a party. (4)(A) No court shall have jurisdiction over an action under this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. (B) For purposes of this paragraph, 'original source' means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government before filing an action under this section which is based on the information. (f) Government Not Liable for Certain Expenses. - The Government is not liable for expenses which a person incurs in bringing an action under this section. (g) Fees and Expenses to Prevailing Defendant. - In civil actions brought under this section by the United States, the provisions of section 2412(d) of title 28 shall apply. (h) Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this section, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An employee may bring an action in the appropriate district court of the United States for the relief provided in this subsection. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 978; Pub. L. 99-562, Sec. 3, 4, Oct. 27, 1986, 100 Stat. 3154, 3157; Pub. L. 100-700, Sec. 9, Nov. 19, 1988, 102 Stat. 4638; Pub. L. 101-280, Sec. 10(a), May 4, 1990, 104 Stat. 162.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3730(a) 31:233. R.S. Sec. 3492. 3730(b)(1) 31:232(A), (B)(less R.S. Sec. 3491(A)- words between 3d (E); restated Dec. and 4th commas). 23, 1943, ch. 377, Sec. 1, 57 Stat. 608; June 11, 1960, Pub. L. 86-507, Sec. 1(28), (29), 74 Stat. 202. 3730(b)(2) 31:232(C)(1st-3d sentences, 5th sentence proviso). 3730(b)(3) 31:232(C)(4th sentence, 5th sentence less proviso). 3730(b)(4) 31:232(C)(last sentence), (D). 3730(c)(1) 31:232(E)(1). 3730(c)(2) 31:232(E)(2)(less proviso). 3730(d) 31:232(B)(words between 3d and 4th commas), (E)(2)(proviso). ------------------------------- In the section, the words 'civil action' are substituted for 'suit' for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words 'Attorney General' are substituted for 'several district attorneys of the United States (subsequently changed to 'United States attorneys' because of section 1 of the Act of June 25, 1948 (ch. 646, 62 Stat. 909)) for the respective districts, for the District of Columbia, and for the several Territories' because of 28:509. The words 'by persons liable to such suit' are omitted as surplus. The words 'and found within their respective districts or Territories' are omitted because of the restatement. The words 'If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person' are substituted for 'and to cause them to be proceeded against in due form of law for the recovery of such forfeiture and damages' for clarity and consistency. The words 'as the district judge may order' are omitted as surplus. The words 'of the Attorney General' are substituted for 'the person bringing the suit' for consistency in the section. In subsection (b)(1), the words 'Except as hereinafter provided' are omitted as unnecessary. The words 'for a violation of section 3729 of this title' are added because of the restatement. The words 'and carried on', 'several' and 'full power and' are omitted as surplus. The words 'of the action' are substituted for 'to hear, try, and determine such suit' to eliminate unnecessary words. The words 'Trial is in the judicial district within whose jurisdictional limits the person charged with a violation is found or the violation occurs' are substituted for 'within whose jurisdictional limits the person doing or committing such act shall be found, shall wheresoever such act may have been done or committed' for consistency in the revised title and with other titles of the Code. The words 'withdrawn or' and 'judge of the' are omitted as surplus. The words 'Attorney General' are substituted for 'district attorney (subsequently changed to 'United States attorneys' because of section 1 of the Act of June 25, 1948 (ch. 646, 62 Stat. 909)), first filed in the case' because of 28:509. In subsection (b)(2), before clause (A), the words 'bill of', 'Whenever any such suit shall be brought by any person under clause (B) of this section' and 'to the effective prosecution of such suit or' are omitted as surplus. The words 'served on the Government under rule 4 of the Federal Rules of Civil Procedure (28 App. U.S.C.)' are substituted for 'notice . . . shall be given to the United States by serving upon the United States Attorney for the district in which such suit shall have been brought . . . and by sending, by registered mail, or by certified mail, to the Attorney General of the United States at Washington, District of Columbia' because of 28:509 and to eliminate unnecessary words. The words 'proceed with the action' are added for clarity. Clause (A) is substituted for 'shall fail, or decline in writing to the court, during said period of sixty days to enter any such suit' for clarity and consistency. In clause (B), the words 'a period of' and 'therein' are omitted as surplus. In subsection (b)(3), the words 'within said period' are omitted as surplus. The words 'proceeds with the action' are substituted for 'shall enter appearance in such suit' for consistency. The words 'In carrying on such suit' and 'and may proceed in all respects as if it were instituting the suit' are omitted as surplus. In subsection (b)(4), the words 'Unless the Government proceeds with the action' are added because of the restatement. The words 'shall dismiss an action brought by the person on discovering' are substituted for 'shall have no jurisdiction to proceed with any such suit . . . or pending suit . . . whenever it shall be made to appear that' to eliminate unnecessary words. The words 'or any agency, officer, or employee thereof' are omitted as unnecessary. The text of 31:232(C)(last sentence proviso) and (D) is omitted as executed. In subsection (c), the words 'herein provided', 'fair and . . . compensation to such person', and 'involved therein, which shall be collected' are omitted as surplus. In subsection (c)(2), the words 'whether heretofore or hereafter brought' are omitted as unnecessary. The words 'bringing the action or settling the claim' are substituted for 'who brought such suit and prosecuted it to final judgment, or to settlement' for clarity and consistency. The words 'as provided in clause (B) of this section' are omitted as unnecessary. The words 'the civil penalty' are substituted for 'forfeiture' for clarity and consistency. The words 'to his own use', 'the court may', and 'to be allowed and taxed according to any provision of law or rule of court in force, or that shall be in force in suits between private parties in said court' are omitted as surplus. Subsection (d) is substituted for 31:232(B)(words between 3d and 4th commas) and (E)(2)(proviso) to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), (3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Section 101(f) of the Ethics in Government Act of 1978, referred to in subsec. (e)(2)(B), is section 101(f) of Pub. L. 95-521, title I, Oct. 26, 1978, 92 Stat. 1824, as amended, which was set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1990 - Subsec. (e)(2)(B). Pub. L. 101-280 substituted 'paragraphs (1) through (8) of section 101(f)' for '201(f)'. 1988 - Subsec. (c)(4). Pub. L. 100-700, Sec. 9(b)(1), which directed amendment of section 3730 of title 28 by substituting 'with the action' for 'with action' in subsec. (c)(4), was executed to subsec. (c)(4) of this section as the probable intent of Congress. Subsec. (d)(3). Pub. L. 100-700, Sec. 9(a)(1), (2), added par. (3). Former par. (3) redesignated (4). Subsec. (d)(4). Pub. L. 100-700, Sec. 9(b)(2), which directed amendment of section 3730 of title 28 by substituting 'claim of the person bringing the action' for 'claim of the person bringing the actions' in subsec. (d)(4), was executed to subsec. (d)(4) of this section as the probable intent of Congress. Pub. L. 100-700, Sec. 9(a)(1), redesignated former par. (3) as (4). 1986 - Pub. L. 99-562, Sec. 3, amended section generally, revising and expanding provisions of subsecs. (a) to (c), adding subsecs. (d) and (e), redesignating former subsec. (d) as (f), and adding subsec. (g). Subsec. (h). Pub. L. 99-562, Sec. 4, added subsec. (h). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-280 effective Jan. 1, 1991, see section 10(c) of Pub. L. 101-280, set out as a note under section 2397a of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3731, 3732, 3733 of this title. ------DocID 39428 Document 328 of 536------ -CITE- 31 USC Sec. 3731 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3731. False claims procedure -STATUTE- (a) A subpena requiring the attendance of a witness at a trial or hearing conducted under section 3730 of this title may be served at any place in the United States. (b) A civil action under section 3730 may not be brought - (1) more than 6 years after the date on which the violation of section 3729 is committed, or (2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last. (c) In any action brought under section 3730, the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (d) Notwithstanding any other provision of law, the Federal Rules of Criminal Procedure, or the Federal Rules of Evidence, a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of section 3730. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 979; Pub. L. 99-562, Sec. 5, Oct. 27, 1986, 100 Stat. 3158.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3731(a) 31:232(F). R.S. Sec. 3491(F); added Nov. 2, 1978, Pub. L. 95-582, Sec. 1, 92 Stat. 2479. 3731(b) 31:235. R.S. Sec. 3494. ------------------------------- In subsection (b), the words 'A civil action under section 3730 of this title' are substituted for 'Every such suit' for clarity. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (d), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. The Federal Rules of Evidence, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -MISC2- AMENDMENTS 1986 - Subsecs. (b) to (d). Pub. L. 99-562 added subsecs. (b) to (d) and struck out former subsec. (b) which read as follows: 'A civil action under section 3730 of this title must be brought within 6 years from the date the violation is committed.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3733 of this title. ------DocID 39429 Document 329 of 536------ -CITE- 31 USC Sec. 3732 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3732. False claims jurisdiction -STATUTE- (a) Actions Under Section 3730. - Any action under section 3730 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by section 3729 occurred. A summons as required by the Federal Rules of Civil Procedure shall be issued by the appropriate district court and served at any place within or outside the United States. (b) Claims Under State Law. - The district courts shall have jurisdiction over any action brought under the laws of any State for the recovery of funds paid by a State or local government if the action arises from the same transaction or occurrence as an action brought under section 3730. -SOURCE- (Added Pub. L. 99-562, Sec. 6(a), Oct. 21, 1986, 100 Stat. 3158.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3733 of this title. ------DocID 39430 Document 330 of 536------ -CITE- 31 USC Sec. 3733 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 SUBCHAPTER III -HEAD- Sec. 3733. Civil investigative demands -STATUTE- (a) In General. - (1) Issuance and service. - Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General may, before commencing a civil proceeding under section 3730 or other false claims law, issue in writing and cause to be served upon such person, a civil investigative demand requiring such person - (A) to produce such documentary material for inspection and copying, (B) to answer in writing written interrogatories with respect to such documentary material or information, (C) to give oral testimony concerning such documentary material or information, or (D) to furnish any combination of such material, answers, or testimony. The Attorney General may not delegate the authority to issue civil investigative demands under this subsection. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served. (2) Contents and deadlines. - (A) Each civil investigative demand issued under paragraph (1) shall state the nature of the conduct constituting the alleged violation of a false claims law which is under investigation, and the applicable provision of law alleged to be violated. (B) If such demand is for the production of documentary material, the demand shall - (i) describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; (ii) prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying; and (iii) identify the false claims law investigator to whom such material shall be made available. (C) If such demand is for answers to written interrogatories, the demand shall - (i) set forth with specificity the written interrogatories to be answered; (ii) prescribe dates at which time answers to written interrogatories shall be submitted; and (iii) identify the false claims law investigator to whom such answers shall be submitted. (D) If such demand is for the giving of oral testimony, the demand shall - (i) prescribe a date, time, and place at which oral testimony shall be commenced; (ii) identify a false claims law investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted; (iii) specify that such attendance and testimony are necessary to the conduct of the investigation; (iv) notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and (v) describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. (E) Any civil investigative demand issued under this section which is an express demand for any product of discovery shall not be returned or returnable until 20 days after a copy of such demand has been served upon the person from whom the discovery was obtained. (F) The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under this section shall be a date which is not less than seven days after the date on which demand is received, unless the Attorney General or an Assistant Attorney General designated by the Attorney General determines that exceptional circumstances are present which warrant the commencement of such testimony within a lesser period of time. (G) The Attorney General shall not authorize the issuance under this section of more than one civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary. The Attorney General may not, notwithstanding section 510 of title 28, authorize the performance, by any other officer, employee, or agency, of any function vested in the Attorney General under this subparagraph. (b) Protected Material or Information. - (1) In general. - A civil investigative demand issued under subsection (a) may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under - (A) the standards applicable to subpoenas or subpoenas duces tecum issued by a court of the United States to aid in a grand jury investigation; or (B) the standards applicable to discovery requests under the Federal Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this section. (2) Effect on other orders, rules, and laws. - Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this section) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege which the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials. (c) Service; Jurisdiction. - (1) By whom served. - Any civil investigative demand issued under subsection (a) may be served by a false claims law investigator, or by a United States marshal or a deputy marshal, at any place within the territorial jurisdiction of any court of the United States. (2) Service in foreign countries. - Any such demand or any petition filed under subsection (j) may be served upon any person who is not found within the territorial jurisdiction of any court of the United States in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States can assert jurisdiction over any such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this section by any such person that such court would have if such person were personally within the jurisdiction of such court. (d) Service Upon Legal Entities and Natural Persons. - (1) Legal entities. - Service of any civil investigative demand issued under subsection (a) or of any petition filed under subsection (j) may be made upon a partnership, corporation, association, or other legal entity by - (A) delivering an executed copy of such demand or petition to any partner, executive officer, managing agent, or general agent of the partnership, corporation, association, or entity, or to any agent authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; (B) delivering an executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity; or (C) depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, addressed to such partnership, corporation, association, or entity at its principal office or place of business. (2) Natural persons. - Service of any such demand or petition may be made upon any natural person by - (A) delivering an executed copy of such demand or petition to the person; or (B) depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, addressed to the person at the person's residence or principal office or place of business. (e) Proof of Service. - A verified return by the individual serving any civil investigative demand issued under subsection (a) or any petition filed under subsection (j) setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. (f) Documentary Material. - (1) Sworn certificates. - The production of documentary material in response to a civil investigative demand served under this section shall be made under a sworn certificate, in such form as the demand designates, by - (A) in the case of a natural person, the person to whom the demand is directed, or (B) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person. The certificate shall state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the false claims law investigator identified in the demand. (2) Production of materials. - Any person upon whom any civil investigative demand for the production of documentary material has been served under this section shall make such material available for inspection and copying to the false claims law investigator identified in such demand at the principal place of business of such person, or at such other place as the false claims law investigator and the person thereafter may agree and prescribe in writing, or as the court may direct under subsection (j)(1). Such material shall be made so available on the return date specified in such demand, or on such later date as the false claims law investigator may prescribe in writing. Such person may, upon written agreement between the person and the false claims law investigator, substitute copies for originals of all or any part of such material. (g) Interrogatories. - Each interrogatory in a civil investigative demand served under this section shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate, in such form as the demand designates, by - (1) in the case of a natural person, the person to whom the demand is directed, or (2) in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory. If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The certificate shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. (h) Oral Examinations. - (1) Procedures. - The examination of any person pursuant to a civil investigative demand for oral testimony served under this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall, personally or by someone acting under the direction of the officer and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically and shall be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. This subsection shall not preclude the taking of testimony by any means authorized by, and in a manner consistent with, the Federal Rules of Civil Procedure. (2) Persons present. - The false claims law investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Government, any person who may be agreed upon by the attorney for the Government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. (3) Where testimony taken. - The oral testimony of any person taken pursuant to a civil investigative demand served under this section shall be taken in the judicial district of the United States within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the false claims law investigator conducting the examination and such person. (4) Transcript of testimony. - When the testimony is fully transcribed, the false claims law investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the false claims law investigator, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the false claims law investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reasons, if any, given therefor. (5) Certification and delivery to custodian. - The officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or false claims law investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian. (6) Furnishing or inspection of transcript by witness. - Upon payment of reasonable charges therefor, the false claims law investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, the Deputy Attorney General, or an Assistant Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness' testimony. (7) Conduct of oral testimony. - (A) Any person compelled to appear for oral testimony under a civil investigative demand issued under subsection (a) may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the district court of the United States under subsection (j)(1) for an order compelling such person to answer such question. (B) If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of part V of title 18. (8) Witness fees and allowances. - Any person appearing for oral testimony under a civil investigative demand issued under subsection (a) shall be entitled to the same fees and allowances which are paid to witnesses in the district courts of the United States. (i) Custodians of Documents, Answers, and Transcripts. - (1) Designation. - The Attorney General shall designate a false claims law investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this section, and shall designate such additional false claims law investigators as the Attorney General determines from time to time to be necessary to serve as deputies to the custodian. (2) Responsibility for materials; disclosure. - (A) A false claims law investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit them to the custodian. The custodian shall take physical possession of such material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material under paragraph (4). (B) The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any false claims law investigator, or other officer or employee of the Department of Justice, who is authorized for such use under regulations which the Attorney General shall issue. Such material, answers, and transcripts may be used by any such authorized false claims law investigator or other officer or employee in connection with the taking of oral testimony under this section. (C) Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, shall be available for examination by any individual other than a false claims law investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). The prohibition in the preceding sentence on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent disclosure to the Congress, including any committee or subcommittee of the Congress, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities. Disclosure of information to any such other agency shall be allowed only upon application, made by the Attorney General to a United States district court, showing substantial need for the use of the information by such agency in furtherance of its statutory responsibilities. (D) While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe - (i) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers; and (ii) transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts. (3) Use of material, answers, or transcripts in other proceedings. - Whenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this section may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered which have not passed into the control of such court, grand jury, or agency through introduction into the record of such case or proceeding. (4) Conditions for return of material. - If any documentary material has been produced by any person in the course of any false claims law investigation pursuant to a civil investigative demand under this section, and - (A) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed, or (B) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation, the custodian shall, upon written request of the person who produced such material, return to such person any such material (other than copies furnished to the false claims law investigator under subsection (f)(2) or made for the Department of Justice under paragraph (2)(B)) which has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding. (5) Appointment of successor custodians. - In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this section, or in the event of the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General shall promptly - (A) designate another false claims law investigator to serve as custodian of such material, answers, or transcripts, and (B) transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated. Any person who is designated to be a successor under this paragraph shall have, with regard to such material, answers, or transcripts, the same duties and responsibilities as were imposed by this section upon that person's predecessor in office, except that the successor shall not be held responsible for any default or dereliction which occurred before that designation. (j) Judicial Proceedings. - (1) Petition for enforcement. - Whenever any person fails to comply with any civil investigative demand issued under subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of the civil investigative demand. (2) Petition to modify or set aside demand. - (A) Any person who has received a civil investigative demand issued under subsection (a) may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon the false claims law investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph must be filed - (i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or (ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside. (3) Petition to modify or set aside demand for product of discovery. - (A) In the case of any civil investigative demand issued under subsection (a) which is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any false claims law investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph must be filed - (i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or (ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this section, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. (4) Petition to require performance by custodian of duties. - At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued under subsection (a), such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section. (5) Jurisdiction. - Whenever any petition is filed in any district court of the United States under this subsection, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order so entered shall be subject to appeal under section 1291 of title 28. Any disobedience of any final order entered under this section by any court shall be punished as a contempt of the court. (6) Applicability of federal rules of civil procedure. - The Federal Rules of Civil Procedure shall apply to any petition under this subsection, to the extent that such rules are not inconsistent with the provisions of this section. (k) Disclosure Exemption. - Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under subsection (a) shall be exempt from disclosure under section 552 of title 5. (l) Definitions. - For purposes of this section - (1) the term 'false claims law' means - (A) this section and sections 3729 through 3732; and (B) any Act of Congress enacted after the date of the enactment of this section which prohibits, or makes available to the United States in any court of the United States any civil remedy with respect to, any false claim against, bribery of, or corruption of any officer or employee of the United States; (2) the term 'false claims law investigation' means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law; (3) the term 'false claims law investigator' means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect any false claims law, or any officer or employee of the United States acting under the direction and supervision of such attorney or investigator in connection with a false claims law investigation; (4) the term 'person' means any natural person, partnership, corporation, association, or other legal entity, including any State or political subdivision of a State; (5) the term 'documentary material' includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery; (6) the term 'custodian' means the custodian, or any deputy custodian, designated by the Attorney General under subsection (i)(1); and (7) the term 'product of discovery' includes - (A) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (B) any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A); and (C) any index or other manner of access to any item listed in subparagraph (A). -SOURCE- (Added Pub. L. 99-562, Sec. 6(a), Oct. 27, 1986, 100 Stat. 3159.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsecs. (b)(1)(B), (c)(2), (h)(1), and (j)(6), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The date of enactment of this section, referred to in subsec. (l)(1)(B), is the date of enactment of Pub. L. 99-562, which was approved Oct. 27, 1986. ------DocID 39431 Document 331 of 536------ -CITE- 31 USC CHAPTER 38 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS -MISC1- Sec. 3801. Definitions. 3802. False claims and statements; liability. 3803. Hearing and determinations. 3804. Subpoena authority. 3805. Judicial review. 3806. Collection of civil penalties and assessments. 3807. Right to administrative offset. 3808. Limitations. 3809. Regulations. 3810. Reports. 3811. Effect on other law. 3812. Prohibition against delegation. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 5 section 504; title 15 sections 637, 645. ------DocID 39432 Document 332 of 536------ -CITE- 31 USC Sec. 3801 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3801. Definitions -STATUTE- (a) For purposes of this chapter - (1) 'authority' means - (A) an executive department; (B) a military department; (C) an establishment (as such term is defined in section 11(2) of the Inspector General Act of 1978) which is not an executive department; and (D) the United States Postal Service; (2) 'authority head' means - (A) the head of an authority; or (B) an official or employee of the authority designated, in regulations promulgated by the head of the authority, to act on behalf of the head of the authority; (3) 'claim' means any request, demand, or submission - (A) made to an authority for property, services, or money (including money representing grants, loans, insurance, or benefits); (B) made to a recipient of property, services, or money from an authority or to a party to a contract with an authority - (i) for property or services if the United States - (I) provided such property or services; (II) provided any portion of the funds for the purchase of such property or services; or (III) will reimburse such recipient or party for the purchase of such property or services; or (ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States - (I) provided any portion of the money requested or demanded; or (II) will reimburse such recipient or party for any portion of the money paid on such request or demand; or (C) made to an authority which has the effect of decreasing an obligation to pay or account for property, services, or money, except that such term does not include any claim made in any return of tax imposed by the Internal Revenue Code of 1986; (4) 'investigating official' means an individual who - (A)(i) in the case of an authority in which an Office of Inspector General is established by the Inspector General Act of 1978 or by any other Federal law, is the Inspector General of that authority or an officer or employee of such Office designated by the Inspector General; (ii) in the case of an authority in which an Office of Inspector General is not established by the Inspector General Act of 1978 or by any other Federal law, is an officer or employee of the authority designated by the authority head to conduct investigations under section 3803(a)(1) of this title; or (iii) in the case of a military department, is the Inspector General of the Department of Defense or an officer or employee of the Office of Inspector General of the Department of Defense who is designated by the Inspector General; and (B) who, if a member of the Armed Forces of the United States on active duty, is serving in grade O-7 or above or, if a civilian employee, is serving in a position for which the rate of basic pay is not less than the minimum rate of basic pay for grade GS-16 under the General Schedule; (5) 'knows or has reason to know', for purposes of establishing liability under section 3802, means that a person, with respect to a claim or statement - (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or (C) acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required; (6) 'person' means any individual, partnership, corporation, association, or private organization; (7) 'presiding officer' means - (A) in the case of an authority to which the provisions of subchapter II of chapter 5 of title 5 apply, an administrative law judge appointed in the authority pursuant to section 3105 of such title or detailed to the authority pursuant to section 3344 of such title; or (B) in the case of an authority to which the provisions of such subchapter do not apply, an officer or employee of the authority who - (i) is selected under chapter 33 of title 5 pursuant to the competitive examination process applicable to administrative law judges; (ii) is appointed by the authority head to conduct hearings under section 3803 of such (FOOTNOTE 1) title; (FOOTNOTE 1) So in original. Probably should be 'this'. (iii) is assigned to cases in rotation so far as practicable; (iv) may not perform duties inconsistent with the duties and responsibilities of a presiding officer; (v) is entitled to pay prescribed by the Office of Personnel Management independently of ratings and recommendations made by the authority and in accordance with chapter 51 of such title and subchapter III of chapter 53 of such title; (vi) is not subject to performance appraisal pursuant to chapter 43 of such title; and (vii) may be removed, suspended, furloughed, or reduced in grade or pay only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing by such Board; (8) 'reviewing official' means any officer or employee of an authority - (A) who is designated by the authority head to make the determination required under section 3803(a)(2) of this title; (B) who, if a member of the Armed Forces of the United States on active duty, is serving in grade O-7 or above or, if a civilian employee, is serving in a position for which the rate of basic pay is not less than the minimum rate of basic pay for grade GS-16 under the General Schedule; and (C) who is - (i) not subject to supervision by, or required to report to, the investigating official; and (ii) not employed in the organizational unit of the authority in which the investigating official is employed; and (9) 'statement' means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made - (A) with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or (B) with respect to (including relating to eligibility for) - (i) a contract with, or a bid or proposal for a contract with; or (ii) a grant, loan, or benefit from, an authority, or any State, political subdivision of a State, or other party, if the United States Government provides any portion of the money or property under such contract or for such grant, loan, or benefit, or if the Government will reimburse such State, political subdivision, or party for any portion of the money or property under such contract or for such grant, loan, or benefit, except that such term does not include any statement made in any return of tax imposed by the Internal Revenue Code of 1986. (b) For purposes of paragraph (3) of subsection (a) - (1) each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim; (2) each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and (3) a claim shall be considered made, presented, or submitted to an authority, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf of such authority, recipient, or party. (c) For purposes of paragraph (9) of subsection (a) - (1) each written representation, certification, or affirmation constitutes a separate statement; and (2) a statement shall be considered made, presented, or submitted to an authority when such statement is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf of such authority. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1934, and amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT The Inspector General Act of 1978, referred to in subsec. (a)(1)(C), (4)(A), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. The Internal Revenue Code of 1986, referred to in subsec. (a)(3), (9), is classified generally to Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 1986 - Subsec. (a)(3), (9). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. EFFECTIVE DATE Section 6104 of subtitle B (Sec. 6101-6104) of title VI of Pub. L. 99-509 provided that: 'This subtitle and the amendments made by this subtitle (see Short Title note below) shall take effect on the date of enactment of this Act (Oct. 21, 1986), and shall apply to any claim or statement made, presented, or submitted on or after such date.' SHORT TITLE Section 6101 of subtitle B (Sec. 6101-6104) of title VI of Pub. L. 99-509 provided that: 'This subtitle (enacting this chapter, amending section 504 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under this section) may be cited as the 'Program Fraud Civil Remedies Act of 1986'.' REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. CONGRESSIONAL FINDINGS AND PURPOSES Section 6102 of subtitle B (Sec. 6101-6104) of title VI of Pub. L. 99-509 provided that: '(a) Findings. - The Congress finds that - '(1) false, fictitious, and fraudulent claims and statements in Government programs are a serious problem; '(2) false, fictitious, and fraudulent claims and statements in Government programs result in the loss of millions of dollars annually by allowing persons to receive Federal funds to which they are not entitled; '(3) false, fictitious, and fraudulent claims and statements in Government programs undermine the integrity of such programs by allowing ineligible persons to participate in such programs; and '(4) present civil and criminal remedies for such claims and statements are not sufficiently responsive. '(b) Purposes. - The purposes of this subtitle (see Short Title note above) are - '(1) to provide Federal agencies which are the victims of false, fictitious, and fraudulent claims and statements with an administrative remedy to recompense such agencies for losses resulting from such claims and statements, to permit administrative proceedings to be brought against persons who make, present, or submit such claims and statements, and to deter the making, presenting, and submitting of such claims and statements in the future; and '(2) to provide due process protections to all persons who are subject to the administrative adjudication of false, fictitious, or fraudulent claims or statements.' ------DocID 39433 Document 333 of 536------ -CITE- 31 USC Sec. 3802 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3802. False claims and statements; liability -STATUTE- (a)(1) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know - (A) is false, fictitious, or fraudulent; (B) includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent; (C) includes or is supported by any written statement that - (i) omits a material fact; (ii) is false, fictitious, or fraudulent as a result of such omission; and (iii) is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or (D) is for payment for the provision of property or services which the person has not provided as claimed, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such claim. Except as provided in paragraph (3) of this subsection, such person shall also be subject to an assessment, in lieu of damages sustained by the United States because of such claim, of not more than twice the amount of such claim, or the portion of such claim, which is determined under this chapter to be in violation of the preceding sentence. (2) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a written statement that - (A) the person knows or has reason to know - (i) asserts a material fact which is false, fictitious, or fraudulent; or (ii)(I) omits a material fact; and (II) is false, fictitious, or fraudulent as a result of such omission; (B) in the case of a statement described in clause (ii) of subparagraph (A), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and (C) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such statement. (3) An assessment shall not be made under the second sentence of paragraph (1) with respect to a claim if payment by the Government has not been made on such claim. (b)(1) Except as provided in paragraphs (2) and (3) of this subsection - (A) a determination under section 3803(a)(2) of this title that there is adequate evidence to believe that a person is liable under subsection (a) of this section; or (B) a determination under section 3803 of this title that a person is liable under subsection (a) of this section, may provide the authority with grounds for commencing any administrative or contractual action against such person which is authorized by law and which is in addition to any action against such person under this chapter. (2) A determination referred to in paragraph (1) of this subsection may be used by the authority, but shall not require such authority, to commence any administrative or contractual action which is authorized by law. (3) In the case of an administrative or contractual action to suspend or debar any person who is eligible to enter into contracts with the Federal Government, a determination referred to in paragraph (1) of this subsection shall not be considered as a conclusive determination of such person's responsibility pursuant to Federal procurement laws and regulations. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1937.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3801, 3803, 3805 of this title. ------DocID 39434 Document 334 of 536------ -CITE- 31 USC Sec. 3803 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3803. Hearing and determinations -STATUTE- (a)(1) The investigating official of an authority may investigate allegations that a person is liable under section 3802 of this title and shall report the findings and conclusions of such investigation to the reviewing official of the authority. The preceding sentence does not modify any responsibility of an investigating official to report violations of criminal law to the Attorney General. (2) If the reviewing official of an authority determines, based upon the report of the investigating official under paragraph (1) of this subsection, that there is adequate evidence to believe that a person is liable under section 3802 of this title, the reviewing official shall transmit to the Attorney General a written notice of the intention of such official to refer the allegations of such liability to a presiding officer of such authority. Such notice shall include - (A) a statement of the reasons of the reviewing official for the referral of such allegations; (B) a statement specifying the evidence which supports such allegations; (C) a description of the claims or statements for which liability under section 3802 of this title is alleged; (D) an estimate of the amount of money or the value of property or services requested or demanded in violation of section 3802 of this title; and (E) a statement of any exculpatory or mitigating circumstances which may relate to such claims or statements. (b)(1) Within 90 days after receipt of a notice from a reviewing official under paragraph (2) of subsection (a), the Attorney General or an Assistant Attorney General designated by the Attorney General shall transmit a written statement to the reviewing official which specifies - (A) that the Attorney General or such Assistant Attorney General approves or disapproves the referral to a presiding officer of the allegations of liability stated in such notice; (B) in any case in which the referral of allegations is approved, that the initiation of a proceeding under this section with respect to such allegations is appropriate; and (C) in any case in which the referral of allegations is disapproved, the reasons for such disapproval. (2) A reviewing official may refer allegations of liability to a presiding officer only if the Attorney General or an Assistant Attorney General designated by the Attorney General approves the referral of such allegations in a written statement described in paragraph (1) of this subsection. (3) If the Attorney General or an Assistant Attorney General designated by the Attorney General transmits to an authority head a written finding that the continuation of any hearing under this section with respect to a claim or statement may adversely affect any pending or potential criminal or civil action related to such claim or statement, such hearing shall be immediately stayed and may be resumed only upon written authorization of the Attorney General. (c)(1) No allegations of liability under section 3802 of this title with respect to any claim made, presented, or submitted by any person shall be referred to a presiding officer under paragraph (2) of subsection (b) if the reviewing official determines that - (A) an amount of money in excess of $150,000; or (B) property or services with a value in excess of $150,000, is requested or demanded in violation of section 3802 of this title in such claim or in a group of related claims which are submitted at the time such claim is submitted. (2)(A) Except as provided in subparagraph (B) of this paragraph, no allegations of liability against an individual under section 3802 of this title with respect to any claim or statement made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any benefits received by such individual shall be referred to a presiding officer under paragraph (2) of subsection (b). (B) Allegations of liability against an individual under section 3802 of this title with respect to any claim or statement made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any benefits received by such individual may be referred to a presiding officer under paragraph (2) of subsection (b) if - (i) such claim or statement is made by such individual in making application for such benefits; (ii) such allegations relate to the eligibility of such individual to receive such benefits; and (iii) with respect to such claim or statement, the individual - (I) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; (II) acts in deliberate ignorance of the truth or falsity of the claim or statement; or (III) acts in reckless disregard of the truth or falsity of the claim or statement. (C) For purposes of this subsection, the term 'benefits' means - (i) benefits under the supplemental security income program under title XVI of the Social Security Act; (ii) old age, survivors, and disability insurance benefits under title II of the Social Security Act; (iii) benefits under title XVIII of the Social Security Act; (iv) aid to families with dependent children under a State plan approved under section 402(a) of the Social Security Act; (v) medical assistance under a State plan approved under section 1902(a) of the Social Security Act; (vi) benefits under title XX of the Social Security Act; (vii) benefits under the food stamp program (as defined in section 3(h) of the Food Stamp Act of 1977); (viii) benefits under chapters 11, 13, 15, 17, and 21 of title 38; (ix) benefits under the Black Lung Benefits Act; (x) benefits under the special supplemental food program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966; (xi) benefits under section 336 of the Older Americans Act; (xii) any annuity or other benefit under the Railroad Retirement Act of 1974; (xiii) benefits under the National School Lunch Act; (xiv) benefits under any housing assistance program for lower income families or elderly or handicapped persons which is administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture; (xv) benefits under the Low-Income Home Energy Assistance Act of 1981; and (xvi) benefits under part A of the Energy Conservation in Existing Buildings Act of 1976, which are intended for the personal use of the individual who receives the benefits or for a member of the individual's family. (d)(1) On or after the date on which a reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section, the reviewing official shall mail, by registered or certified mail, or shall deliver, a notice to the person alleged to be liable under section 3802 of this title. Such notice shall specify the allegations of liability against such person and shall state the right of such person to request a hearing with respect to such allegations. (2) If, within 30 days after receiving a notice under paragraph (1) of this subsection, the person receiving such notice requests a hearing with respect to the allegations contained in such notice - (A) the reviewing official shall refer such allegations to a presiding officer for the commencement of such hearing; and (B) the presiding officer shall commence such hearing by mailing by registered or certified mail, or by delivery of, a notice which complies with paragraphs (2)(A) and (3)(B)(i) of subsection (g) to such person. (e)(1)(A) Except as provided in subparagraph (B) of this paragraph, at any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to review, and upon payment of a reasonable fee for duplication, shall be entitled to obtain a copy of, all relevant and material documents, transcripts, records, and other materials, which relate to such allegations and upon which the findings and conclusions of the investigating official under paragraph (1) of subsection (a) are based. (B) A person is not entitled under subparagraph (A) to review and obtain a copy of any document, transcript, record, or material which is privileged under Federal law. (2) At any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to obtain all exculpatory information in the possession of the investigating official or the reviewing official relating to the allegations contained in such notice. The provisions of subparagraph (B) of paragraph (1) do not apply to any document, transcript, record, or other material, or any portion thereof, in which such exculpatory information is contained. (f) Any hearing commenced under paragraph (2) of subsection (d) shall be conducted by the presiding officer on the record in order to determine - (1) the liability of a person under section 3802 of this title; and (2) if a person is determined to be liable under such section, the amount of any civil penalty or assessment to be imposed on such person. Any such determination shall be based on the preponderance of the evidence. (g)(1) Each hearing under subsection (f) of this section shall be conducted - (A) in the case of an authority to which the provisions of subchapter II of chapter 5 of title 5 apply, in accordance with - (i) the provisions of such subchapter to the extent that such provisions are not inconsistent with the provisions of this chapter; and (ii) procedures promulgated by the authority head under paragraph (3) of this subsection; or (B) in the case of an authority to which the provisions of such subchapter do not apply, in accordance with procedures promulgated by the authority head under paragraphs (2) and (3) of this subsection. (2) An authority head of an authority described in subparagraph (B) of paragraph (1) shall by regulation promulgate procedures for the conduct of hearings under this chapter. Such procedures shall include: (A) The provision of written notice of the hearing to any person alleged to be liable under section 3802 of this title, including written notice of - (i) the time, place, and nature of the hearing; (ii) the legal authority and jurisdiction under which the hearing is to be held; and (iii) the matters of facts and law to be asserted. (B) The provision to any person alleged to be liable under section 3802 of this title of opportunities for the submission of facts, arguments, offers of settlement, or proposals of adjustment. (C) Procedures to ensure that the presiding officer shall not, except to the extent required for the disposition of ex parte matters as authorized by law - (i) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to the hearing to participate; or (ii) be responsible to or subject to the supervision or direction of the investigating official or the reviewing official. (D) Procedures to ensure that the investigating official and the reviewing official do not participate or advise in the decision required under subsection (h) of this section or the review of the decision by the authority head under subsection (i) of this section, except as provided in subsection (j) of this section. (E) The provision to any person alleged to be liable under section 3802 of this title of opportunities to present such person's case through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. (F) Procedures to permit any person alleged to be liable under section 3802 of this title to be accompanied, represented, and advised by counsel or such other qualified representative as the authority head may specify in such regulations. (G) Procedures to ensure that the hearing is conducted in an impartial manner, including procedures to - (i) permit the presiding officer to at any time disqualify himself; and (ii) permit the filing, in good faith, of a timely and sufficient affidavit alleging personal bias or another reason for disqualification of a presiding officer or a reviewing official. (3)(A) Each authority head shall promulgate by regulation procedures described in subparagraph (B) of this paragraph for the conduct of hearings under this chapter. Such procedures shall be in addition to the procedures described in paragraph (1) or paragraph (2) of this subsection, as the case may be. (B) The procedures referred to in subparagraph (A) of this paragraph are: (i) Procedures for the inclusion, in any written notice of a hearing under this section to any person alleged to be liable under section 3802 of this title, of a description of the procedures for the conduct of the hearing. (ii) Procedures to permit discovery by any person alleged to be liable under section 3802 of this title only to the extent that the presiding officer determines that such discovery is necessary for the expeditious, fair, and reasonable consideration of the issues, except that such procedures shall not apply to documents, transcripts, records, or other material which a person is entitled to review under paragraph (1) of subsection (e) or to information to which a person is entitled under paragraph (2) of such subsection. Procedures promulgated under this clause shall prohibit the discovery of the notice required under subsection (a)(2) of this section. (4) Each hearing under subsection (f) of this section shall be held - (A) in the judicial district of the United States in which the person alleged to be liable under section 3802 of this title resides or transacts business; (B) in the judicial district of the United States in which the claim or statement upon which the allegation of liability under such section was made, presented, or submitted; or (C) in such other place as may be agreed upon by such person and the presiding officer who will conduct such hearing. (h) The presiding officer shall issue a written decision, including findings and determinations, after the conclusion of the hearing. Such decision shall include the findings of fact and conclusions of law which the presiding officer relied upon in determining whether a person is liable under this chapter. The presiding officer shall promptly send to each party to the hearing a copy of such decision and a statement describing the right of any person determined to be liable under section 3802 of this title to appeal the decision of the presiding officer to the authority head under paragraph (2) of subsection (i). (i)(1) Except as provided in paragraph (2) of this subsection and section 3805 of this title, the decision, including the findings and determinations, of the presiding officer issued under subsection (h) of this section are final. (2)(A)(i) Except as provided in clause (ii) of this subparagraph, within 30 days after the presiding officer issues a decision under subsection (h) of this section, any person determined in such decision to be liable under section 3802 of this title may appeal such decision to the authority head. (ii) If, within the 30-day period described in clause (i) of this subparagraph, a person determined to be liable under this chapter requests the authority head for an extension of such 30-day period to file an appeal of a decision issued by the presiding officer under subsection (h) of this section, the authority head may extend such period if such person demonstrates good cause for such extension. (B) Any authority head reviewing under this section the decision, findings, and determinations of a presiding officer shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (f) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the authority head that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the authority head shall remand the matter to the presiding officer for consideration of such additional evidence. (C) The authority head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment determined by the presiding officer pursuant to this section. The authority head shall promptly send to each party to the appeal a copy of the decision of the authority head and a statement describing the right of any person determined to be liable under section 3802 of this title to judicial review under section 3805 of this title. (j) The reviewing official has the exclusive authority to compromise or settle any allegations of liability under section 3802 of this title against a person without the consent of the presiding officer at any time after the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section and prior to the date on which the presiding officer issues a decision under subsection (h) of this section. Any such compromise or settlement shall be in writing. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1939.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c)(2)(C)(i) to (vi), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II, XVI, XVIII, and XX of the Social Security Act are classified generally to subchapters II (Sec. 401 et seq.), XVI (Sec. 1381 et seq.), XVIII (Sec. 1395 et seq.), and XX (Sec. 1397 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Sections 402(a) and 1902(a) of such Act are classified to sections 602(a) and 1396a(a), respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Section 3(h) of the Food Stamp Act of 1977, referred to in subsec. (c)(2)(C)(vii), is classified to section 2012(h) of Title 7, Agriculture. The Black Lung Benefits Act, referred to in subsec. (c)(2)(C)(ix), is title IV of Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 792, as amended, which is classified generally to subchapter IV (Sec. 901 et seq.) of chapter 22 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see section 901(b) of Title 30 and Tables. Section 17 of the Child Nutrition Act of 1966, referred to in subsec. (c)(2)(C)(x), is classified to section 1786 of Title 42, The Public Health and Welfare. Section 336 of the Older Americans Act, referred to in subsec. (c)(2)(C)(xi), probably means section 336 of the Older Americans Act of 1965, which is classified to section 3030f of Title 42. The Railroad Retirement Act of 1974, referred to in subsec. (c)(2)(C)(xii), is title I of Pub. L. 93-444, Oct. 16, 1974, 88 Stat. 1305, as amended, which is classified generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of Title 45, Railroads. For complete classification of this Act to the Code, see section 231t of Title 45 and Tables. The National School Lunch Act, referred to in subsec. (c)(2)(C)(xiii), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is classified generally to chapter 13 (Sec. 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (c)(2)(C)(xv), is title XXVI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 893, as amended, which is classified generally to subchapter II (Sec. 8621 et seq.) of chapter 94 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 8621 of Title 42 and Tables. The Energy Conservation in Existing Buildings Act of 1976, referred to in subsec. (c)(2)(C)(xvi), is title IV of Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1150, as amended. Part A of the Energy Conservation in Existing Buildings Act of 1976 is classified generally to Part A (Sec. 6861 et seq.) of subchapter III of chapter 81 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of Title 42 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1352, 3801, 3802, 3804, 3805, 3806, 3807, 3808, 3809, 3810 of this title; title 50 App. sections 1989b-4, 1989c-5. ------DocID 39435 Document 335 of 536------ -CITE- 31 USC Sec. 3804 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3804. Subpoena authority -STATUTE- (a) For the purposes of an investigation under section 3803(a)(1) of this title, an investigating official is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and data not otherwise reasonably available to the authority. (b) For the purposes of conducting a hearing under section 3803(f) of this title, a presiding officer is authorized - (1) to administer oaths or affirmations; and (2) to require by subpoena the attendance and testimony of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the presiding officer considers relevant and material to the hearing. (c) In the case of contumacy or refusal to obey a subpoena issued pursuant to subsection (a) or (b) of this section, the district courts of the United States shall have jurisdiction to issue an appropriate order for the enforcement of any such subpoena. Any failure to obey such order of the court is punishable by such court as contempt. In any case in which an authority seeks the enforcement of a subpoena issued pursuant to subsection (a) or (b) of this section, the authority shall request the Attorney General to petition any district court in which a hearing under this chapter is being conducted, or in which the person receiving the subpoena resides or conducts business, to issue such an order. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1944.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1352 of this title. ------DocID 39436 Document 336 of 536------ -CITE- 31 USC Sec. 3805 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3805. Judicial review -STATUTE- (a)(1) A determination by a reviewing official under section 3803 of this title shall be final and shall not be subject to judicial review. (2) Unless a petition is filed under this section, a determination under section 3803 of this title that a person is liable under section 3802 of this title shall be final and shall not be subject to judicial review. (b)(1)(A) Any person who has been determined to be liable under section 3802 of this title pursuant to section 3803 of this title may obtain review of such determination in - (i) the United States district court for the district in which such person resides or transacts business; (ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or (iii) the United States District Court for the District of Columbia. (B) Such review may be obtained by filing in any such court a written petition that such determination be modified or set aside. Such petition shall be filed - (i) only after such person has exhausted all administrative remedies under this chapter; and (ii) within 60 days after the date on which the authority head sends such person a copy of the decision of such authority head under section 3803(i)(2) of this title. (2) The clerk of the court shall transmit a copy of a petition filed under paragraph (1) of this subsection to the authority and to the Attorney General. Upon receipt of the copy of such petition, the authority shall transmit to the Attorney General the record in the proceeding resulting in the determination of liability under section 3802 of this title. Except as otherwise provided in this section, the district courts of the United States shall have jurisdiction to review the decision, findings, and determinations in issue and to affirm, modify, remand for further consideration, or set aside, in whole or in part, the decision, findings, and determinations of the authority, and to enforce such decision, findings, and determinations to the extent that such decision, findings, and determinations are affirmed or modified. (c) The decisions, findings, and determinations of the authority with respect to questions of fact shall be final and conclusive, and shall not be set aside unless such decisions, findings, and determinations are found by the court to be unsupported by substantial evidence. In concluding whether the decisions, findings, and determinations of an authority are unsupported by substantial evidence, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. (d) Any district court reviewing under this section the decision, findings, and determinations of an authority shall not consider any objection that was not raised in the hearing conducted pursuant to section 3803(f) of this title unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the court shall remand the matter to the authority for consideration of such additional evidence. (e) Upon a final determination by the district court that a person is liable under section 3802 of this title, the court shall enter a final judgment for the appropriate amount in favor of the United States. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1944.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1352, 3803, 3806, 3807 of this title. ------DocID 39437 Document 337 of 536------ -CITE- 31 USC Sec. 3806 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3806. Collection of civil penalties and assessments -STATUTE- (a) The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed pursuant to the provisions of this chapter. (b) Any penalty or assessment imposed in a determination which has become final pursuant to this chapter may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a hearing conducted under section 3803(f) of this title or pursuant to judicial review under section 3805 of this title may be raised as a defense, and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review. (c) The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b) of this section. (d) Any action under subsection (b) of this section may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States and the person against whom such action may be brought. (e) The United States Claims Court shall have jurisdiction of any action under subsection (b) of this section to recover any penalty or assessment if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. (f) The Attorney General shall have exclusive authority to compromise or settle any penalty or assessment the determination of which is the subject of a pending petition pursuant to section 3805 of this title or a pending action to recover such penalty or assessment pursuant to this section. (g)(1) Except as provided in paragraph (2) of this subsection, any amount of penalty or assessment collected under this chapter shall be deposited as miscellaneous receipts in the Treasury of the United States. (2)(A) Any amount of a penalty or assessment imposed by the United States Postal Service under this chapter shall be deposited in the Postal Service Fund established by section 2003 of title 39. (B) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with old age and survivors benefits under title II of the Social Security Act shall be deposited in the Federal Old-Age and Survivors Insurance Trust Fund. (C) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with disability benefits under title II of the Social Security Act shall be deposited in the Federal Disability Insurance Trust Fund. (D) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with benefits under part A of title XVIII of the Social Security Act shall be deposited in the Federal Hospital Insurance Trust Fund. (E) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with benefits under part B of title XVIII of the Social Security Act shall be deposited in the Federal Supplementary Medical Insurance Trust Fund. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1945.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (g)(2)(B) to (E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II and parts A and B of title XVIII of the Social Security Act are classified generally to subchapter II (Sec. 401 et seq.) and parts A (Sec. 1395c et seq.) and B (Sec. 1395j et seq.) of subchapter XVIII, respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1352, 3807, 3808, 3809 of this title. ------DocID 39438 Document 338 of 536------ -CITE- 31 USC Sec. 3807 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3807. Right to administrative offset -STATUTE- (a) The amount of any penalty or assessment which has become final under section 3803 of this title, or for which a judgment has been entered under section 3805(e) or 3806 of this title, or any amount agreed upon in a settlement or compromise under section 3803(j) or 3806(f) of this title, may be collected by administrative offset under section 3716 of this title, except that an administrative offset may not be made under this subsection against a refund of an overpayment of Federal taxes, then or later owing by the United States to the person liable for such penalty or assessment. (b) All amounts collected pursuant to this section shall be remitted to the Secretary of the Treasury for deposit in accordance with section 3806(g) of this title. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1947.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1352 of this title. ------DocID 39439 Document 339 of 536------ -CITE- 31 USC Sec. 3808 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3808. Limitations -STATUTE- (a) A hearing under section 3803(d)(2) of this title with respect to a claim or statement shall be commenced within 6 years after the date on which such claim or statement is made, presented, or submitted. (b) A civil action to recover a penalty or assessment under section 3806 of this title shall be commenced within 3 years after the date on which the determination of liability for such penalty or assessment becomes final. (c) If at any time during the course of proceedings brought pursuant to this chapter the authority head receives or discovers any specific information regarding bribery, gratuities, conflict of interest, or other corruption or similar activity in relation to a false claim or statement, the authority head shall immediately report such information to the Attorney General, and in the case of an authority in which an Office of Inspector General is established by the Inspector General Act of 1978 or by any other Federal law, to the Inspector General of that authority. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1947.) -REFTEXT- REFERENCES IN TEXT The Inspector General Act of 1978, referred to in subsec. (c), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1352 of this title. ------DocID 39440 Document 340 of 536------ -CITE- 31 USC Sec. 3809 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3809. Regulations -STATUTE- Within 180 days after the date of enactment of this chapter, each authority head shall promulgate rules and regulations necessary to implement the provisions of this chapter. Such rules and regulations shall - (1) ensure that investigating officials and reviewing officials are not responsible for conducting the hearing required in section 3803(f) of this title, making the determinations required by subsections (f) and (h) of section 3803 of this title, or making collections under section 3806 of this title; and (2) require a reviewing official to include in any notice required by section 3803(a)(2) of this title a statement which specifies that the reviewing official has determined that there is a reasonable prospect of collecting, from a person with respect to whom the reviewing official is referring allegations of liability in such notice, the amount for which such person may be liable. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1947.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this chapter, referred to in text, means the date of enactment of Pub. L. 99-509 which was approved Oct. 21, 1986. ------DocID 39441 Document 341 of 536------ -CITE- 31 USC Sec. 3810 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3810. Reports -STATUTE- Not later than October 31 of each year, each authority head shall prepare and transmit to the appropriate committees and subcommittees of the Congress an annual report summarizing actions taken under this chapter during the most recent 12-month period ending the previous September 30. Such report shall include - (1) a summary of matters referred by the investigating official of the authority to the reviewing official of the authority under section 3803(a)(1) of this title during such period; (2) a summary of matters transmitted to the Attorney General under section 3803(a)(2) of this title during such period; (3) a summary of all hearings conducted by presiding officers under section 3803(f) of this title, and the results of such hearings, during such period; and (4) a summary of the actions taken during such period to collect any civil penalty or assessment imposed under this chapter. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1947.) ------DocID 39442 Document 342 of 536------ -CITE- 31 USC Sec. 3811 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3811. Effect on other law -STATUTE- (a) This chapter does not diminish the responsibility of any agency to comply with the provisions of chapter 35 of title 44. (b) This chapter does not supersede the provisions of section 3512 of title 44. (c) For purposes of this section, the term 'agency' has the same meaning as in section 3502(1) of title 44. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1948.) ------DocID 39443 Document 343 of 536------ -CITE- 31 USC Sec. 3812 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- Sec. 3812. Prohibition against delegation -STATUTE- Any function, duty, or responsibility which this chapter specifies be carried out by the Attorney General or an Assistant Attorney General designated by the Attorney General, shall not be delegated to, or carried out by, any other officer or employee of the Department of Justice. -SOURCE- (Added Pub. L. 99-509, title VI, Sec. 6103(a), Oct. 21, 1986, 100 Stat. 1948.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1352 of this title. ------DocID 39444 Document 344 of 536------ -CITE- 31 USC CHAPTER 39 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 39 -HEAD- CHAPTER 39 - PROMPT PAYMENT -MISC1- Sec. 3901. Definitions and application. 3902. Interest penalties. 3903. Regulations. 3904. Limitations on discount payments. 3905. Payment provisions relating to construction contracts. 3906. Reports. 3907. Relationship to other laws. AMENDMENTS 1988 - Pub. L. 100-496, Sec. 9(b), Oct. 17, 1988, 102 Stat. 2463, added item 3905 and redesignated former items 3905 and 3906 as 3906 and 3907, respectively. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 644; title 39 section 410. ------DocID 39445 Document 345 of 536------ -CITE- 31 USC Sec. 3901 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 39 -HEAD- Sec. 3901. Definitions and application -STATUTE- (a) In this chapter - (1) 'agency' has the same meaning given that term in section 551(1) of title 5 and includes an entity being operated, and the head of the agency identifies the entity as being operated, only as an instrumentality of the agency to carry out a program of the agency. (2) 'business concern' means - (A) a person carrying on a trade or business; and (B) a nonprofit entity operating as a contractor. (3) 'proper invoice' is an invoice containing or accompanied by substantiating documentation the Director of the Office of Management and Budget may require by regulation and the head of the appropriate agency may require by regulation or contract. (4) for the purposes of determining a payment due date and the date upon which any late payment interest penalty shall begin to accrue, the head of the agency is deemed to receive an invoice - (A) on the later of - (i) the date on which the place or person designated by the agency to first receive such invoice actually receives a proper invoice; or (ii) on the 7th day after the date on which, in accordance with the terms and conditions of the contract, the property is actually delivered or performance of the services is actually completed, as the case may be, unless - (I) the agency has actually accepted such property or services before such 7th day; or (II) the contract (except in the case of a contract for the procurement of a brand-name commercial item for authorized resale) specifies a longer acceptance period, as determined by the contracting officer to be required to afford the agency a practicable opportunity to inspect and test the property furnished or evaluate the services performed; or (B) on the date of the invoice, if the agency has failed to annotate the invoice with the date of receipt at the time of actual receipt by the place or person designated by the agency to first receive such invoice. (5) a payment is deemed to be made on the date a check for payment is dated or an electronic fund transfer is made. (6) a contract to rent property is deemed to be a contract to acquire the property. (b) This chapter applies to the Tennessee Valley Authority. However, regulations prescribed under this chapter do not apply to the Authority, and the Authority alone is responsible for carrying out this chapter as it applies to contracts of the Authority. (c) This chapter, except section 3906 of this title, applies to the United States Postal Service. However, the Postmaster General shall be responsible for issuing the implementing procurement regulations, solicitation provisions, and contract clauses for the United States Postal Service. -SOURCE- (Added Pub. L. 97-452, Sec. 1(18)(A), Jan. 12, 1983, 96 Stat. 2474, and amended Pub. L. 100-496, Sec. 2(a)-(c)(1), Oct. 17, 1988, 102 Stat. 2455.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3901(a) 31 App.:1805. May 21, 1982, Pub. L. 97-177, Sec. 6, 7(c), 96 Stat. 87, 88. 3901(b) 31 App.:1806. ------------------------------- In the chapter, the words 'the head of' are added for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (a)(1), the word 'Federal' is omitted as unnecessary and for consistency in the revised title and with other titles of the Code. The words 'for this purpose' are omitted because of the restatement. The words 'the purpose of' and 'or more' are omitted as surplus. In subsection (a)(5), the words 'deemed to be' are substituted for 'considered' for consistency in the revised title and with other titles of the Code. In subsection (a)(6), the words 'real or personal' are omitted as surplus. The words 'deemed to be' are added for consistency in the revised title and with other titles of the Code. In subsection (b), the words 'the authority of' are omitted as surplus. AMENDMENTS 1988 - Subsec. (a)(4). Pub. L. 100-496, Sec. 2(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: 'the head of an agency is deemed to receive an invoice on the later of the dates that - '(A) the designated payment office or finance center of the agency actually receives a proper invoice; or '(B) the head of the agency accepts the applicable property or service.' Subsec. (a)(5). Pub. L. 100-496, Sec. 2(b), amended par. (5) generally, substituting 'check for payment is dated or an electronic fund transfer is made' for 'check for the payment is dated'. Subsec. (c). Pub. L. 100-496, Sec. 2(c)(1), added subsec. (c). EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 2(a), (b) of Pub. L. 100-496 applicable to payments under contracts awarded, contracts renewed, and contract options exercised during or after the first fiscal quarter which begins more than 90 days after Oct. 17, 1988, and amendment by section 2(c)(1) of Pub. L. 100-496 applicable with respect to all obligations incurred on or after Jan. 1, 1989, see section 14(a), (c) of Pub. L. 100-496, set out as a note under section 3902 of this title. SHORT TITLE OF 1988 AMENDMENT Section 1 of Pub. L. 100-496 provided that: 'This Act (enacting section 3905 of this title, amending this section, sections 3902 to 3904 and 3906 of this title, section 644 of Title 15, Commerce and Trade, and section 410 of Title 39, Postal Service, renumbering sections 3905 and 3906 of this title as 3906 and 3907, respectively, enacting provisions set out as notes under sections 3902, 3903, and 3906 of this title, and repealing provisions set out as a note under section 3903 of this title) may be cited as the 'Prompt Payment Act Amendments of 1988'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3903 of this title. ------DocID 39446 Document 346 of 536------ -CITE- 31 USC Sec. 3902 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 39 -HEAD- Sec. 3902. Interest penalties -STATUTE- (a) Under regulations prescribed under section 3903 of this title, the head of an agency acquiring property or service from a business concern, who does not pay the concern for each complete delivered item of property or service by the required payment date, shall pay an interest penalty to the concern on the amount of the payment due. The interest shall be computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611), which is in effect at the time the agency accrues the obligation to pay a late payment interest penalty. (b) Except as provided in section 3906 of this title, the interest penalty shall be paid for the period beginning on the day after the required payment date and ending on the date on which payment is made. (c)(1) A business concern shall be entitled to an interest penalty of $1.00 or more which is owed such business concern under this section, and such penalty shall be paid without regard to whether the business concern has requested payment of such penalty. (2) Each payment subject to this chapter for which a late payment interest penalty is required to be paid shall be accompanied by a notice stating the amount of the interest penalty included in such payment and the rate by which, and period for which, such penalty was computed. (3) If a business concern - (A) is owed an interest penalty by an agency; (B) is not paid the interest penalty in a payment made to the business concern by the agency on or after the date on which the interest penalty becomes due; (C) is not paid the interest penalty by the agency within 10 days after the date on which such payment is made; and (D) makes a written demand, not later than 40 days after the date on which such payment is made, that the agency pay such a penalty, such business concern shall be entitled to an amount equal to the sum of the late payment interest penalty to which the contractor is entitled and an additional penalty equal to a percentage of such late payment interest penalty specified by regulation by the Director of the Office of Management and Budget, subject to such maximum as may be specified in such regulations. (d) The temporary unavailability of funds to make a timely payment due for property or services does not relieve the head of an agency from the obligation to pay interest penalties under this section. (e) An amount of an interest penalty unpaid after any 30-day period shall be added to the principal amount of the debt, and a penalty accrues thereafter on the added amount. (f) This section does not authorize the appropriation of additonal amounts to pay an interest penalty. The head of an agency shall pay a penalty under this section out of amounts made available to carry out the program for which the penalty is incurred. (g) A recipient of a grant from the head of an agency may provide in a contract for the acquisition of property or service from a business concern that, consistent with the usual business practices of the recipient and applicable State and local law, the recipient will pay an interest penalty on amounts overdue under the contract under conditions agreed to by the recipient and the concern. The recipient may not pay the penalty from amounts received from an agency. Amounts expended for the penalty may not be counted toward a matching requirement applicable to the grant. An obligation to pay the penalty is not an obligation of the United States Government. (h)(1) This section shall apply to contracts for the procurement of property or services entered into pursuant to section 4(h) of the Act of June 29, 1948 (15 U.S.C. 714b(h)). (2)(A) In the case of a payment to which producers on a farm are entitled under the terms of an agreement entered into under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), an interest penalty shall be paid to the producers if the payment has not been made by the required payment or loan closing date. The interest penalty shall be paid - (i) on the amount of payment or loan due; and (ii) for the period beginning on the first day beginning after the required payment or loan closing date and ending on the date the amount is paid or loaned. (B) As used in this subsection, the 'required payment or loan closing date' means - (i) for a purchase agreement, the 30th day after delivery of the warehouse receipt for the commodity subject to the purchase agreement; (ii) for a loan agreement, the 30th day beginning after the date of receipt of an application with all requisite documentation and signatures, unless the applicant requests that the disbursement be deferred; (iii) for refund of amounts received greater than the amount required to repay a commodity loan, the first business day after the Commodity Credit Corporation receives payment for such loan; (iv) for land diversion payments (other than advance payments), the 30th day beginning after the date of completion of the production adjustment contract by the producer; (v) for an advance land diversion payment, 30 days after the date the Commodity Credit Corporation executes the contract with the producer; (vi) for a deficiency payment (other than advance payments) based upon a 12-month or 5-month period, 91 days after the end of such period; or (vii) for an advance deficiency payment, 30 days after the date the Commodity Credit Corporation executes the contract with the producer. (3) Payment of the interest penalty under this subsection shall be made out of funds available under section 8 of the Act of June 29, 1948 (15 U.S.C. 714f). (4) Section 3907 of this title shall not apply to interest penalty payments made under this subsection. -SOURCE- (Added Pub. L. 97-452, Sec. 1(18)(A), Jan. 12, 1983, 96 Stat. 2475, and amended Pub. L. 98-216, Sec. 1(6), Feb. 14, 1984, 98 Stat. 4; Pub. L. 100-496, Sec. 3, Oct. 17, 1988, 102 Stat. 2456.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3902(a) 31 App.:1801(a)(1), May 21, 1982, Pub. (b)(1) (2d, last L. 97-177, Sec. sentences). 2(a)(1), (b)-(d), 96 Stat. 85. 3902(b) 31 App.:1801(b)(1) (1st sentence). 3902(c) 31 App.:1801(b)(2). 3902(d) 31 App.:1801(c). 3902(e) 31 App.:1801(d). ------------------------------- In subsection (a), the words 'under section 3903 of this title' are substituted for 'by the Director of the Office of Management and Budget' because of the restatement. The words 'in accordance with this section' are omitted as surplus. In subsection (b), before clause (1), the words 'on amounts due to a business concern under this chapter . . . to the business concern', 'of the amount due', and 'complete delivered . . . of property or service concerned' are omitted as surplus. In subsection (c), the words 'which remains' are omitted as surplus. In subsection (e), the words 'terms and' and 'non-Federal' are omitted as surplus. The word 'Government' is added for consistency in the revised title and with other titles of the United States Code. 1984 ACT This is necessary to correct cross-references in section 3902(b). -REFTEXT- REFERENCES IN TEXT The Agricultural Act of 1949, referred to in subsec. (h)(2)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified principally to chapter 35A (Sec. 1421 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables. -MISC2- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-496, Sec. 3(a)(1), substituted 'The interest shall be computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611), which is in effect at the time the agency accrues the obligation to pay a late payment interest penalty' for 'The interest shall be computed at the rate the Secretary of the Treasury establishes for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611). The Secretary shall publish each rate in the Federal Register'. Subsec. (b). Pub. L. 100-496, Sec. 3(a)(2), struck out second sentence which read as follows: 'However, a penalty may not be paid if payment for the item is made - '(1) when the item is a meat or meat food product described in section 3903(2) of this title, before the 4th day after the required payment date; '(2) when the item is an agricultural commodity described in section 3903(3) of this title, before the 6th day after the required payment date; or '(3) when the item is not an item referred to in clauses (1) and (2) of this subsection, before the 16th day after the required payment date.' Subsecs. (c) to (g). Pub. L. 100-496, Sec. 3(b), added subsecs. (c) and (d) and redesignated former subsecs. (c) to (e) as (e) to (g), respectively. Subsec. (h). Pub. L. 100-496, Sec. 3(c), added subsec. (h). 1984 - Subsec. (b). Pub. L. 98-216 substituted '3903(2)' for '3903(2)(A)' in par. (1) and '3903(3)' for '3903(2)(B)' in par. (2). EFFECTIVE DATE OF 1988 AMENDMENT Section 14(a)-(c) of Pub. L. 100-496 provided that: '(a) The amendments made by sections 2(a), 2(b), 3(a), 4 through 9, 12, and 13 of this Act (enacting section 3905 of this title, amending this section, sections 3901, 3903, and 3904 of this title and section 644 of Title 15, Commerce and Trade, renumbering sections 3905 and 3906 of this title as sections 3906 and 3907, respectively, and repealing provisions set out as a note under section 3903 of this title) shall apply to payments under contracts awarded, contracts renewed, and contract options exercised during or after the first fiscal quarter which begins more than 90 days after the date of the enactment of this Act (Oct. 17, 1988). '(b) The requirements of section 3902(c)(2) of title 31, United States Code, as added by section 3(b) of this Act, shall apply to payments under contracts awarded on or after October 1, 1989. '(c) The amendments made by sections 2(c) and 3(c) of this Act (amending sections 3901 and 3902 of this title and section 410 of Title 39, Postal Service) shall be applicable with respect to all obligations incurred on or after January 1, 1989.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3903, 3904, 3905 of this title; title 42 sections 1395h, 1395u. ------DocID 39447 Document 347 of 536------ -CITE- 31 USC Sec. 3903 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 39 -HEAD- Sec. 3903. Regulations -STATUTE- (a) The Director of the Office of Management and Budget shall prescribe regulations to carry out section 3902 of this title. The regulations shall - (1) provide that the required payment date is - (A) the date payment is due under the contract for the item of property or service provided; or (B) 30 days after a proper invoice for the amount due is received if a specific payment date is not established by contract; (2) for the acquisition of meat or a meat food product (as defined in section 2(a)(3) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(3))), including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, provide a required payment date of not later than 7 days after the meat or meat food product is delivered; and (3) for the acquisition of a perishable agricultural commodity (as defined in section 1(4) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(4))), provide a required payment date consistent with that Act; (4) for the acquisition of dairy products (as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), the acquisition of edible fats or oils, and the acquisition of food products prepared from edible fats or oils, provide a required payment date of not later than 10 days after the date on which a proper invoice for the amount due has been received by the agency acquiring such dairy products, fats, oils, or food products; (5) require periodic payments, in the case of a property or service contract which does not prohibit periodic payments for partial deliveries or other contract performance during the contract period, upon - (A) submission of an invoice for property delivered or services performed during the contract period, if an invoice is required by the contract; and (B) either - (i) acceptance of the property or services by an employee of an agency authorized to accept the property or services; or (ii) the making of a determination by such an employee, that the performance covered by the payment conforms to the terms and conditions of the contract; (6) in the case of a construction contract, provide for the payment of interest on - (A) a progress payment (including a monthly percentage-of-completion progress payment or milestone payments for completed phases, increments, or segments of any project) that is approved as payable by the agency pursuant to subsection (b) of this section and remains unpaid for - (i) a period of more than 14 days after receipt of the payment request by the place or person designated by the agency to first receive such requests; or (ii) a longer period, specified in the solicitation, if required to afford the Government a practicable opportunity to adequately inspect the work and to determine the adequacy of the contractor's performance under the contract; and (B) any amounts which the agency has retained pursuant to a prime contract clause providing for retaining a percentage of progress payments otherwise due to a contractor and that are approved for release to the contractor, if such retained amounts are not paid to the contractor by a date specified in the contract or, in the absence of such a specified date, by the 30th day after final acceptance; (7) require that - (A) each invoice be reviewed as soon as practicable after receipt for the purpose of determining that such an invoice is a proper invoice within the meaning of section 3901(a)(3) of this title; (B) any invoice determined not to be such a proper invoice suitable for payment shall be returned as soon as practicable, but not later than 7 days, after receipt, specifying the reasons that the invoice is not a proper invoice; and (C) the number of days available to an agency to make a timely payment of an invoice without incurring an interest penalty shall be reduced by the number of days by which an agency exceeds the requirements of subparagraph (B) of this paragraph; (8) permit an agency to make payment up to 7 days prior to the required payment date, or earlier as determined by the agency to be necessary on a case-by-case basis; and (9) prescribe the methods for computing interest under section 3903(c) of this title. (b)(1) A payment request may not be approved under subsection (a)(6)(A) of this section unless the application for such payment includes - (A) substantiation of the amounts requested; and (B) a certification by the prime contractor, to the best of the contractor's knowledge and belief, that - (i) the amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; (ii) payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by the certification, in accordance with their subcontract agreements and the requirements of this chapter; and (iii) the application does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of their subcontract. (2) The agency shall return any such payment request which is defective to the contractor within 7 days after receipt, with a statement identifying the defect. (c)(1) The contracting officer shall - (A) compute the interest which a contractor shall be obligated to pay under sections 3905(a)(2) and 3905(e)(6) of this title on the basis of the average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the contractor received the unearned amount; and (B) deduct the interest amount determined under subparagraph (A) of this paragraph from the next available payment to the contractor. (2) Amounts deducted from payments to contractors under paragraph (1)(B) shall revert to the Treasury. -SOURCE- (Added Pub. L. 97-452, Sec. 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, and amended Pub. L. 100-496, Sec. 4-7, 13(a), Oct. 17, 1988, 102 Stat. 2457-2459, 2465.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3903 31 App.:1801(a)(2). May 21, 1982, Pub. L. 97-177, Sec. 2(a)(2), 96 Stat. 85. ------------------------------- In the section, before clause (1), the words 'The Director of the Office of Management and Budget shall prescribe regulations to carry out section 3902 of this title' are added because of the restatement. In clause (1)(A), the words 'the terms of' are omitted as surplus. In clause (1)(B), the words 'of the payment' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT That Act, referred to in par. (3), means the Perishable Agricultural Commodities Act, 1930, act June 10, 1930, ch. 436, 46 Stat. 531, as amended, which is classified generally to chapter 20A (Sec. 499a et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 499r of Title 7 and Tables. -MISC2- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-496, Sec. 6(1), designated existing provisions as subsec. (a). Subsec. (a)(2). Pub. L. 100-496, Sec. 13(a), included any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product. Subsec. (a)(4). Pub. L. 100-496, Sec. 4, amended par. (4) generally. Prior to amendment, par. (4) read as follows: 'provide separate required payment dates for a contract under which property or service is provided in a series of partial executions or deliveries to the extent the contract provides for separate payments for partial execution or delivery; and'. Subsec. (a)(5). Pub. L. 100-496, Sec. 5(2), added par. (5). Former par. (5) redesignated (7). Subsec. (a)(6). Pub. L. 100-496, Sec. 6(2), added par. (6). Subsec. (a)(7). Pub. L. 100-496, Sec. 7, added par. (7) and struck out former par. (7), which read as follows: 'require that, within 15 days after an invoice is received, the head of an agency notify the business concern of a defect or impropriety in the invoice that would prevent the running of the time period specified in clause (1)(B) of this section.' Pub. L. 100-496, Sec. 5(1), redesignated par. (5) as (7). Subsec. (a)(8), (9). Pub. L. 100-496, Sec. 7, added pars. (8) and (9). Subsecs. (b), (c). Pub. L. 100-496, Sec. 6(3), added subsecs. (b) and (c). EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-496 applicable to payments under contracts awarded, contracts renewed, and contract options exercised during or after the first fiscal quarter which begins more than 90 days after Oct. 17, 1988, see section 14(a) of Pub. L. 100-496, set out as a note under section 3902 of this title. IMPLEMENTATION THROUGH FEDERAL ACQUISITION REGULATION Section 11 of Pub. L. 100-496 provided that: '(a) The Federal Acquisition Regulation shall be modified to provide appropriate solicitation provisions and contract clauses that implement chapter 39 of title 31, United States Code, as amended by this Act (see Short Title of 1988 Amendment note set out under section 3901 of this title), and the regulations prescribed under section 3903 of such title (as amended). '(b) The solicitation provisions and contract clauses required by subsection (a) of this section shall include (but not be limited to) the following matters: '(1) Authority for a contracting officer to specify for a contract or class of contracts a specific payment period, which - '(A) in the case of payments for commercial items or services, is similar to the payment period or periods permitted in prevailing private industry contracting practices; '(B) in the case of payments for noncommercial items and services, does not exceed 30 days unless the circumstances of the procurement action is determined to require a longer period for payment and such determination is approved above the level of the contracting officer; '(C) in the case of payments for items of property or services in an amount less than the amount specified as a small purchase in section 303(g)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(2)), does not exceed 15 days after the date of receipt of the invoice, if - '(i) the contract provides for such 'fast payment' terms; '(ii) title to any property will vest in the Government upon delivery (including delivery to a common carrier); and '(iii) the business concern offers appropriate warranties to furnish property or services conforming to the requirements of the contract or purchase order, if payment will be due prior to acceptance of the items or services; and '(D) in the case of progress payments under construction contracts, does not exceed 14 days, unless the solicitation specifies a longer period which the contracting officer has determined is required to afford the Government a practicable opportunity to adequately inspect the work and to evaluate the adequacy of the contractor's performance under the contract. '(2) Requirements to make periodic payments, in the case of a property or service contract which does not prohibit periodic payments for partial deliveries or other contract performance during the contract period, upon - '(A) submission of an invoice for property delivered or services performed during the contract period, if an invoice is required by the contract; and '(B) either - '(i) acceptance of the property or services by an employee of the contracting agency authorized to accept the property or services; or '(ii) the making of a determination by such an employee, that the performance covered by the payment conforms to the terms and conditions of the contract. '(3) A conclusive presumption, exclusively for the purposes of determining when an agency becomes obligated to pay a late payment interest penalty (other than under construction contracts), that the Federal Government has accepted property or services by the 7th day after the date on which, in accordance with the terms and conditions of the contract, the property is delivered or final performance of the services is completed, unless the solicitation specifies a longer period which is determined by the contracting officer to be required to afford the agency a practicable opportunity to inspect and test the property furnished or evaluate the services performed. '(4) The limitation that the Federal Government may take a discount offered by a contractor for early payment by the Federal Government only in accordance with the time limits specified by the contractor, determined in accordance with the second sentence of section 3904 of title 31, United States Code. '(5) The requirements of section 3902(c) of title 31, United States Code. '(6) The requirements of section 3903(a)(6) of title 31, United States Code. '(7) The requirements of section 3905 of title 31, United States Code. '(c) The regulations required by subsection (a) of this section shall be published as proposed regulations for public comment as provided in section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b) within 120 days after the date of the enactment of this Act (Oct. 17, 1988).' EDIBLE FRESH OR FROZEN POULTRY MEAT, PERISHABLE POULTRY MEAT FOOD PRODUCTS, FRESH EGGS, AND PERISHABLE EGG PRODUCTS Pub. L. 98-181, title II, Sec. 2002, Nov. 30, 1983, 97 Stat. 1297, to the extent that it provided that the terms 'meat' and 'meat food products' as used in 31 U.S.C. 3903(2) also included edible fresh or frozen poultry meat, perishable poultry meat food products, fresh eggs and perishable egg products, was stricken by Pub. L. 100-496, Sec. 13(b), Oct. 17, 1988, 102 Stat. 2465, applicable to payments under contracts awarded, contracts renewed, and contract options exercised during or after the first fiscal quarter which begins more than 90 days after Oct. 17, 1988. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3904, 3905 of this title. ------DocID 39448 Document 348 of 536------ -CITE- 31 USC Sec. 3904 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 39 -HEAD- Sec. 3904. Limitations on discount payments -STATUTE- The head of an agency offered a discount by a business concern from an amount due under a contract for property or service in exchange for payment within a specified time may pay the discounted amount only if payment is made within the specified time. For the purpose of the preceding sentence, the specified time shall be determined from the date of the invoice. The head of the agency shall pay an interest penalty on an amount remaining unpaid in violation of this section. The penalty accrues as provided under sections 3902 and 3903 of this title, except that the required payment date for the unpaid amount is the last day specified in the contract that the discounted amount may be paid. -SOURCE- (Added Pub. L. 97-452, Sec. 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, and amended Pub. L. 100-496, Sec. 8, Oct. 17, 1988, 102 Stat. 2460.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3904 31 App.:1802. May 21, 1982, Pub. L. 97-177, Sec. 3, 96 Stat. 86. ------------------------------- The word 'otherwise' is omitted as surplus. The words 'may pay the discounted amount' are substituted for 'may make payment in an amount equal to the discounted price' to eliminate unnecessary words. The words 'on such unpaid amount' and 'the regulations prescribed pursuant to' are omitted as surplus. The words 'specified in the contract that the discounted amount may be paid' are substituted for 'of the specified period of time described in subsection (a)' for clarity. AMENDMENTS 1988 - Pub. L. 100-496 inserted after first sentence 'For the purpose of the preceding sentence, the specified time shall be determined from the date of the invoice.' EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-496 applicable to payments under contracts awarded, contracts renewed, and contract options exercised during or after the first fiscal quarter which begins more than 90 days after Oct. 17, 1988, see section 14(a) of Pub. L. 100-496, set out as a note under section 3902 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3907 of this title. ------DocID 39449 Document 349 of 536------ -CITE- 31 USC Sec. 3905 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 39 -HEAD- Sec. 3905. Payment provisions relating to construction contracts -STATUTE- (a) In the event that a contractor, after making a certified payment request to an agency pursuant to section 3903(b) of this title, discovers that a portion or all of such payment request constitutes a payment for performance by such contractor that fails to conform to the specifications, terms, and conditions of its contract (hereafter in this subsection referred to as the 'unearned amount'), then the contractor shall - (1) notify the agency of such performance deficiency; and (2) be obligated to pay the Government an amount equal to interest on the unearned amount (computed in the manner provided in section 3903(c) of this title), from the date of the contractor's receipt of such unearned amount until - (A) the date the contractor notifies the agency that the performance deficiency has been corrected; or (B) the date the contractor reduces the amount of any subsequent certified application for payment to such agency by an amount equal to the unearned amount. (b) Each construction contract awarded by an agency shall include a clause that requires the prime contractor to include in each subcontract for property or services entered into by the prime contractor and a subcontractor (including a material supplier) for the purpose of performing such construction contract - (1) a payment clause which obligates the prime contractor to pay the subcontractor for satisfactory performance under its subcontract within 7 days out of such amounts as are paid to the prime contractor by the agency under such contract; and (2) an interest penalty clause which obligates the prime contractor to pay to the subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (1) of this subsection - (A) for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (B) computed at the rate specified by section 3902(a) of this title. (c) The construction contract awarded by the agency shall further require the prime contractor to include in each of its subcontracts (for the purpose of performance of such construction contract) a provision requiring the subcontractor to include a payment clause and an interest penalty clause conforming to the standards of subsection (b) of this section in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. (d) The clauses required by subsections (b) and (c) of this section shall not be construed to impair the right of a prime contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions which - (1) permit the prime contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract, without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond; (2) permit the contractor or subcontractor to make a determination that part or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and (3) permit such withholding without incurring any obligation to pay a late payment penalty if - (A) a notice conforming to the standards of subsection (g) of this section has been previously furnished to the subcontractor; and (B) a copy of any notice issued by a prime contractor pursuant to subparagraph (A) of this paragraph has been furnished to the Government. (e) If a prime contractor, after making application to an agency for payment under a contract but before making a payment to a subcontractor for the subcontractor's performance covered by such application, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the prime contractor shall - (1) furnish to the subcontractor a notice conforming to the standards of subsection (g) of this section as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment; (2) furnish to the Government, as soon as practicable, a copy of the notice furnished to the subcontractor pursuant to paragraph (1) of this subsection; (3) reduce the subcontractor's progress payment by an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (1) of this subsection; (4) pay the subcontractor as soon as practicable after the correction of the identified subcontract performance deficiency, and - (A) make such payment within - (i) 7 days after correction of the identified subcontract performance deficiency (unless the funds therefor must be recovered from the Government because of a reduction under paragraph (5)(A)); or (ii) 7 days after the contractor recovers such funds from the Government; or (B) incur an obligation to pay a late payment interest penalty computed at the rate specified by section 3902(a) of this title; (5) notify the Government, upon - (A) reduction of the amount of any subsequent certified application for payment; or (B) payment to the subcontractor of any withheld amounts of a progress payment, specifying - (i) the amounts of the progress payments withheld under paragraph (1) of this subsection; and (ii) the dates that such withholding began and ended; and (6) be obligated to pay to the Government an amount equal to interest on the withheld payments (computed in the manner provided in section 3903(c) of this title), from the 8th day after receipt of the withheld amounts from the Government until - (A) the day the identified subcontractor performance deficiency is corrected; or (B) the date that any subsequent payment is reduced under paragraph (5)(A). (f)(1) If a prime contractor, after making payment to a first-tier subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a 'second-tier subcontractor') a written notice in accordance with section 2 of the Act of August 24, 1935 (40 U.S.C. 270b), asserting a deficiency in such first-tier subcontractor's performance under the contract for which the prime contractor may be ultimately liable, and the prime contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, then the prime contractor may, without incurring an obligation to pay an interest penalty under subsection (e)(6) of this section - (A) furnish to the first-tier subcontractor a notice conforming to the standards of subsection (g) of this section as soon as practicable upon making such determination; and (B) withhold from the first-tier subcontractor's next available progress payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under subparagraph (A) of this paragraph. (2) As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the prime contractor shall pay the amount withheld under paragraph (1)(B) of this subsection to such first-tier subcontractor, or shall incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed at the rate specified by section 3902(a) of this title. (g) A written notice of any withholding shall be issued to a subcontractor (with a copy to the Government of any such notice issued by a prime contractor), specifying - (1) the amount to be withheld; (2) the specific causes for the withholding under the terms of the subcontract; and (3) the remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld. (h) A prime contractor may not request payment from the agency of any amount withheld or retained in accordance with subsection (d) of this section until such time as the prime contractor has determined and certified to the agency that the subcontractor is entitled to the payment of such amount. (i) A dispute between a contractor and subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsection (b) or (c) of this section does not constitute a dispute to which the United States is a party. The United States may not be interpleaded in any judicial or administrative proceeding involving such a dispute. (j) Except as provided in subsection (i) of this section, this section shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to a contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by a prime contractor or deficient subcontract performance or nonperformance by a subcontractor. (k) A contractor's obligation to pay an interest penalty to a subcontractor pursuant to the clauses included in a subcontract under subsection (b) or (c) of this section may not be construed to be an obligation of the United States for such interest penalty. A contract modification may not be made for the purpose of providing reimbursement of such interest penalty. A cost reimbursement claim may not include any amount for reimbursement of such interest penalty. -SOURCE- (Added Pub. L. 100-496, Sec. 9(a)(2), Oct. 17, 1988, 102 Stat. 2460.) -MISC1- PRIOR PROVISIONS A prior section 3905 was renumbered section 3906 of this title. EFFECTIVE DATE Section applicable to payments under contracts awarded, contracts renewed, and contract options exercised during or after the first fiscal quarter which begins more than 90 days after Oct. 17, 1988, see section 14(a) of Pub. L. 100-496, set out as an Effective Date of 1988 Amendment note under section 3902 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3903 of this title. ------DocID 39450 Document 350 of 536------ -CITE- 31 USC Sec. 3906 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 39 -HEAD- Sec. 3906. Reports -STATUTE- (a)(1) By the 60th day after the end of the fiscal year, the head of each agency shall submit to the Director of the Office of Management and Budget a report on the agency's payment practices during that fiscal year, including a description of the extent to which those practices satisfy the requirements of this chapter. (2) In addition to such other information as may be required by the Director, the report required by paragraph (1) shall include - (A) the number, dollar value, and percentage of invoices for which interest or other late payment penalties were paid, the amount of such late payment interest and other penalties, and the reasons the interest penalties were not avoided by prompt payment; and (B) the number, dollar value, and percentage of invoices paid after the required payment date without payment of an interest penalty or other late payment penalty, and the reasons no obligation to pay such penalties was incurred with respect to such invoices or no amount for such penalties were included in the payments of such invoices. (b) By the 120th day after the end of each fiscal year, the Director shall submit to the Committees on Governmental Affairs, Appropriations, and Small Business of the Senate and the Committees on Government Operations, Appropriations, and Small Business of the House of Representatives a report on agency compliance with this chapter. The report shall include a summary of the report of each agency submitted under subsection (a) of this section and an analysis of progress made in reducing interest penalty payments by that agency from prior years. -SOURCE- (Added Pub. L. 97-452, Sec. 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, Sec. 3905; renumbered Sec. 3906 and amended Pub. L. 100-496, Sec. 9(a)(1), 10, Oct. 17, 1988, 102 Stat. 2460, 2463.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3905(a) 31 App.:1804(a), (b). May 21, 1982, Pub. L. 97-177, Sec. 5, 96 Stat. 87. 3905(b) 31 App.:1804(c). ------------------------------- In subsection (a), the word 'detailed' is omitted as surplus. In subsection (b), the words 'the requirements of' are omitted as surplus. PRIOR PROVISIONS A prior section 3906 was renumbered section 3907 of this title. AMENDMENTS 1988 - Pub. L. 100-496, Sec. 9(a)(1), renumbered section 3905 of this title as this section. Subsec. (a). Pub. L. 100-496, Sec. 10, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'By the 60th day after the end of each fiscal year, the head of each agency shall submit to the Director of the Office of Management and Budget a report on interest penalty payments made under this chapter during that fiscal year. The report shall include the number, amounts, and frequency of the payments and the reasons the payments were not avoided by prompt payment.' EFFECTIVE DATE OF 1988 AMENDMENT Section 14(d) of Pub. L. 100-496 provided that: 'The amendment made by section 10 of this Act (amending this section) shall apply to the report required by section 3906 of title 31, United States Code, for each fiscal year beginning after September 30, 1988.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3901 of this title. ------DocID 39451 Document 351 of 536------ -CITE- 31 USC Sec. 3907 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 39 -HEAD- Sec. 3907. Relationship to other laws -STATUTE- (a) A claim for an interest penalty not paid under this chapter may be filed under section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605). (b)(1) An interest penalty under this chapter does not continue to accrue - (A) after a claim for a penalty is filed under the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.); or (B) for more than one year. (2) Paragraph (1) of this subsection does not prevent an interest penalty from accruing under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) after a penalty stops accruing under this chapter. A penalty accruing under section 12 may accrue on an unpaid contract payment and on the unpaid penalty under this chapter. (c) Except as provided in section 3904 of this title, this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). -SOURCE- (Added Pub. L. 97-452, Sec. 1(18)(A), Jan. 12, 1983, 96 Stat. 2477, Sec. 3906; renumbered Sec. 3907, Pub. L. 100-496, Sec. 9(a)(1), Oct. 17, 1988, 102 Stat. 2460.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3906(a) 31 App.:1803(a)(1). May 21, 1982, Pub. L. 97-177, Sec. 4, 96 Stat. 87. 3906(b) 31 App.:1803(a)(2), (3). 3906(c) 31 App.:1803(b). ------------------------------- In the section, the words 'be construed to' are omitted as surplus. In subsection (a), the words 'not paid under this chapter' are substituted for 'which a Federal agency has failed to pay in accordance with the requirements of section 2 or 3 of this chapter' to eliminate unnecessary words. In subsection (b)(2), the word 'accruing' is added for clarity. The word 'both' is omitted as surplus. In subsection (c), the words 'with respect to disputes concerning discounts', 'by the required payment date', and 'other allegations concerning' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Contract Disputes Act of 1978, referred to in subsecs. (b)(1)(A) and (c), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is classified principally to chapter 9 (Sec. 601 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code see Short Title note set out under section 601 of Title 41 and Tables. -MISC2- AMENDMENTS 1988 - Pub. L. 100-496 renumbered section 3906 of this title as this section. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3902 of this title. ------DocID 39452 Document 352 of 536------ -CITE- 31 USC SUBTITLE IV -EXPCITE- TITLE 31 SUBTITLE IV -HEAD- SUBTITLE IV - MONEY -MISC1- Chap. Sec. 51. Coins and Currency 5101 53. Monetary Transactions 5301 ------DocID 39453 Document 353 of 536------ -CITE- 31 USC CHAPTER 51 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 -HEAD- CHAPTER 51 - COINS AND CURRENCY -MISC1- SUBCHAPTER I - MONETARY SYSTEM Sec. 5101. Decimal system. 5102. Standard weight. 5103. Legal tender. SUBCHAPTER II - GENERAL AUTHORITY 5111. Minting and issuing coins, medals, and numismatic items. 5112. Denominations, specifications, and design of coins. 5113. Tolerances and testing of coins. 5114. Engraving and printing currency and security documents. 5115. United States currency notes. 5116. Buying and selling gold and silver. 5117. Transferring gold and gold certificates. 5118. Gold clauses and consent to sue. 5119. Redemption and cancellation of currency. 5120. Obsolete, mutilated, and worn coins and currency. 5121. Refining, assaying, and valuation of bullion. 5122. Payment to depositors. SUBCHAPTER III - BUREAU OF THE MINT 5131. Organization. 5132. Administrative. 5133. Settlement of accounts. SUBCHAPTER IV - BUREAU OF ENGRAVING AND PRINTING 5141. Operation of the Bureau. 5142. Bureau of Engraving and Printing Fund. 5143. Payment for services. 5144. Providing impressions of portraits and vignettes. SUBCHAPTER V - MISCELLANEOUS 5151. Conversion of currency of foreign countries. 5152. Value of United States money holdings in international institutions. 5153. Counterfeit currency. 5154. State taxation. 5155. Providing engraved plates of portraits of deceased members of Congress. ------DocID 39454 Document 354 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER I -HEAD- SUBCHAPTER I - MONETARY SYSTEM ------DocID 39455 Document 355 of 536------ -CITE- 31 USC Sec. 5101 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER I -HEAD- Sec. 5101. Decimal system -STATUTE- United States money is expressed in dollars, dimes or tenths, cents or hundreths, and mills or thousandths. A dime is a tenth of a dollar, a cent is a hundredth of a dollar, and a mill is a thousandth of a dollar. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5101 31:371. R.S. Sec. 3563. ------------------------------- The word 'money' is substituted for 'money of account' to eliminate unnecessary words. As far as can be determined, the phrase 'money of account' has not been interpreted by any court or Government agency. The phrase was used by Alexander Hamilton in his 'Report on the Establishment of the Mint' (1791). In that Report, Hamilton propounded 6 questions, including: 1st. What ought to be the nature of the money unit of the United States? Thereafter, Hamilton uses the phrases 'money unit of the United States' and 'money of account' interchangeably and in the sense that the phrases are used to denote the monetary system for keeping financial accounts. In short, the phrases simply indicate that financial accounts are to be based on a decimal money system: . . ., and it is certain that nothing can be more simple and convenient than the decimal subdivisions. There is every reason to expect that the method will speedily grow into general use, when it shall be seconded by corresponding coins. On this plan the unit in the money of account will continue to be, as established by that resolution (of August 8, 1786), a dollar, and its multiples, dimes, cents, and mills, or tenths, hundreths, and thousands. Thus, the phrase 'money of account' did not mean, by itself, that dollars or fractions of dollars must be equal to something having intrinsic or 'substantive' value. This concept is supported by earlier writings of Thomas Jefferson in his 'Notes on the Establishment of a Money Unit, and of a Coinage for the United States' (1784), and the 1782 report to the President of the Continental Congress on the coinage of the United States by the Superintendent of Finances, Robert Morris, which was apparently prepared by the Assistant Superintendent, Gouverneur Morris. See Paul L. Ford, The Writings of Thomas Jefferson, vol. III (G.P. Putnam's Sons, 1894) pp. 446-457; William G. Sumner, The Financier and the Finances of the American Revolution, vol. II (Burt Franklin, 1891, reprinted 1970) pp. 36-47; and George T. Curtis, History of the Constitution, vol. I (Harper and Brothers, 1859) p. 443, n2. The words 'or units' and 'and all accounts in the public offices and all proceedings in the courts shall be kept and had in conformity to this regulation' are omitted as surplus. SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-585, Sec. 1, Nov. 15, 1990, 104 Stat. 2874, provided that: 'This Act (amending section 5132 of this title) may be cited as the 'Silver Coin Proof Sets Act'.' ------DocID 39456 Document 356 of 536------ -CITE- 31 USC Sec. 5102 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER I -HEAD- Sec. 5102. Standard weight -STATUTE- The standard troy pound of the National Institute of Standards and Technology of the Department of Commerce shall be the standard used to ensure that the weight of United States coins conforms to specifications in section 5112 of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5102 31:364. R.S. Sec. 3548; restated Mar. 4, 1911, ch. 268, Sec. 1, 36 Stat. 1354. ------------------------------- The words 'National Bureau of Standards of the Department of Commerce' are substituted for 'Bureau of Standards of the United States' because of 15:1511. The words 'troy pound of the mint of the United States, conformably to which the coinage thereof shall be regulated' are omitted as unnecessary because of the restatement. The word 'ensure' is substituted for 'securing' as being more precise. The words 'specifications in section 5112 of this title' are substituted for 'the provisions of the laws relating to coinage' because of the restatement. AMENDMENTS 1988 - Pub. L. 100-418 substituted 'National Institute of Standards and Technology' for 'National Bureau of Standards'. ------DocID 39457 Document 357 of 536------ -CITE- 31 USC Sec. 5103 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER I -HEAD- Sec. 5103. Legal tender -STATUTE- United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 97-452, Sec. 1(19), Jan. 12, 1983, 96 Stat. 2477.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5103 31:392. July 23, 1965, Pub. L. 89-81, Sec. 102, 79 Stat. 255. 31:456. R.S. Sec. 3584. ------------------------------- The words 'All . . . regardless of when coined or issued' are omitted as unnecessary because of the restatement. The word 'debts' is substituted for 'debts, public and private' to eliminate unnecessary words. The words 'public charges, taxes, duties, and dues' are omitted as included in 'debts'. 1983 ACT This restores to 31:5103 the reference to public charges, taxes, and dues because they are not considered to be debts. See, Hagar v. Reclamation District No. 108, 111 U.S. 701, 706 (1884). AMENDMENTS 1983 - Pub. L. 97-452 inserted ', public charges, taxes, and dues' after 'all debts'. EFFECTIVE DATE OF 1983 AMENDMENT Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97-452, set out as a note under section 3331 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5112, 5132 of this title. ------DocID 39458 Document 358 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- SUBCHAPTER II - GENERAL AUTHORITY ------DocID 39459 Document 359 of 536------ -CITE- 31 USC Sec. 5111 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5111. Minting and issuing coins, medals, and numismatic items -STATUTE- (a) The Secretary of the Treasury - (1) shall mint and issue coins described in section 5112 of this title in amounts the Secretary decides are necessary to meet the needs of the United States; (2) may prepare national medal dies and strike national and other medals if it does not interfere with regular minting operations but may not prepare private medal dies; (3) may prepare and distribute numismatic items; and (4) may mint coins for a foreign country if the minting does not interfere with regular minting operations, and shall prescribe a charge for minting the foreign coins equal to the cost of the minting (including labor, materials, and the use of machinery). (b) The Department of the Treasury has a coinage metal fund and a coinage profit fund. The Secretary may use the coinage metal fund to buy metal to mint coins. The Secretary shall credit the coinage profit fund with the amount by which the nominal value of the coins minted from the metal exceeds the cost of the metal. The Secretary shall charge the coinage profit fund with waste incurred in minting coins and the cost of distributing the coins. The Secretary shall deposit in the Treasury as miscellaneous receipts excess amounts in the coinage profit fund. (c) Procurements Relating to Coin Production. - (1) In general. - The Secretary may make contracts, on conditions the Secretary decides are appropriate and are in the public interest, to acquire articles, materials, supplies, and services (including equipment, manufacturing facilities, patents, patent rights, technical knowledge, and assistance) necessary to produce the coins referred to in this title. (2) Domestic control of coinage. - (A) Subject to subparagraph (B), in order to protect the national security through domestic control of the coinage process, the Secretary shall acquire only such articles, materials, supplies, and services (including equipment, manufacturing facilities, patents, patent rights, technical knowledge, and assistance) for the production of coins as have been produced or manufactured in the United States unless the Secretary determines it to be inconsistent with the public interest, or the cost to be unreasonable, and publishes in the Federal Register a written finding stating the basis for the determination. (B) Subparagraph (A) shall apply only in the case of a bid or offer from a supplier the principal place of business of which is in a foreign country which does not accord to United States companies the same competitive opportunities for procurements in connection with the production of coins as it accords to domestic companies. (3) Determination. - (A) In general. - Any determination of the Secretary referred to in paragraph (2) shall not be reviewable in any administrative proceeding or court of the United States. (B) Other rights unaffected. - This paragraph does not alter or annul any right of review that arises under any provision of any law or regulation of the United States other than paragraph (2). (4) Nothing in paragraph (2) of this subsection in any way affects the procurement by the Secretary of gold and silver for the production of coins by the United States Mint. (d)(1) The Secretary may prohibit or limit the exportation, melting, or treatment of United States coins when the Secretary decides the prohibition or limitation is necessary to protect the coinage of the United States. (2) A person knowingly violating an order or license issued or regulation prescribed under paragraph (1) of this subsection, shall be fined not more than $10,000, imprisoned not more than 5 years, or both. (3) Coins exported, melted, or treated in violation of an order or license issued or regulation prescribed, and metal resulting from the melting or treatment, shall be forfeited to the United States Government. The powers of the Secretary and the remedies available to enforce forfeitures are those provided in part II of subchapter C of chapter 75 of the Internal Revenue Code of 1954 (26 U.S.C. 7321 et seq.). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 100-274, Sec. 3, Mar. 31, 1988, 102 Stat. 49.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5111(a)(1) 31:272. R.S. Sec. 3503. 31:275. R.S. Sec. 3509; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 31:322. R.S. Sec. 3516. 31:342. June 4, 1897, ch. 2, Sec. 1(1st par. under heading 'Recoinage, Reissue, and Transportation of Minor Coins'), 30 Stat. 27. 31:345. R.S. Sec. 3532; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 31:353. R.S. Sec. 3540; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 31:391(a). July 23, 1965, Pub. L. 89-81, Sec. 101(a), 79 Stat. 254; restated Dec. 31, 1970, Pub. L. 91-607, Sec. 201, 84 Stat. 1768. 5111(a)(2) 31:368. R.S. Sec. 3551; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 5111(a)(3) 31:324h. Oct. 18, 1973, Pub. L. 93-127, Sec. 5, 87 Stat. 456. 5111(a)(4) 31:367. Jan. 29, 1874, ch. 19, 18 Stat. 6. 5111(b) 31:340. R.S. Sec. 3528; Apr. 24, 1906, ch. 1861, 34 Stat. 132; Dec. 2, 1918, ch. 1, 40 Stat. 1051; Aug. 14, 1937, ch. 631, 50 Stat. 647; June 21, 1941, ch. 213, 55 Stat. 255; June 30, 1954, ch. 427, 68 Stat. 336; July 9, 1956, ch. 535, Sec. 1, 70 Stat. 518; restated July 23, 1965, Pub. L. 89-81, Sec. 206(a), 79 Stat. 256. 5111(c) 31:393(a). July 23, 1965, Pub. L. 89-81, Sec. 103(a), 105, 106, 79 Stat. 255. 5111(d) 31:395, 396. ------------------------------- In subsection (a)(1), the words 'coins described in' are substituted for 'coins of the denominations set forth in' in 31:391(a) because of the restatement. The text of 31:253, 272, and 345(1st sentence) is omitted as superseded by the source provisions restated in section 321(c) of the revised title. The text of 31:275, 322, 342, 345(last sentence), and 353 is omitted as unnecessary because of the restatement. In subsection (a)(2), the words 'Secretary of the Treasury' are substituted for 'engraver' and 'superintendent of coining department of the mint at Philadelphia' because of the source provisions restated in section 321(c) of the revised title. The words 'under such regulations as the superintendent, with the approval of the Director of the Mint, may prescribe' are omitted as unnecessary because of section 321(b) of the revised title. The words 'national medal dies' are substituted for 'Dies of a national character' for clarity. The words 'or the machinery or apparatus thereof be used for that purpose' are omitted as unnecessary because of the restatement. In subsection (a)(3), the words 'numismatic items' are retained and used throughout the revised title to apply to medals, proof coins, uncirculated coins, numismatic accessories, and other numismatic items to eliminate unnecessary words and for consistency. The words 'In connection with the operations of the Bureau of the Mint' are omitted as unnecessary because of the restatement. The text of 31:324h(last sentence) is omitted as unnecessary because of the source provisions restated in section 5132(a) of the revised title. In subsection (a)(4), the words 'may mint' are substituted for 'It shall be lawful for coinage to be executed' in 31:367, and the words 'regular minting operations' are substituted for 'required coinage of the United States', for consistency in the revised section. The words 'at the mints of the United States' and 'according to the legally prescribed standards and devices of such country' are omitted as unnecessary because of the restatement. The words 'The Secretary of the Treasury . . . shall prescribe a charge' are substituted for 'the charge . . . to be fixed by the Director of the Mint, with the approval of the Secretary of the Treasury' because of the source provisions restated in section 321(c) of the revised title. The words 'minting the foreign coins' are substituted for 'the same', for clarity. The words 'under such regulations as the Secretary of the Treasury may prescribe' are omitted as unnecessary because of section 321(b) of the revised title. In subsection (b), the first sentence is added for clarity and because of the restatement. The words 'amount by which the nominal value of the coins minted from the metal exceeds the cost of the metal' are substituted for 'gain arising from the coinage of metals purchased out of such fund into coin of a nominal value exceeding the cost of such metals' to eliminate unnecessary words. The words 'The Secretary shall deposit in the Treasury as miscellaneous receipts excess amounts in the coinage profit fund' are substituted for 'such sums as shall from time to time be transferred therefrom to the general fund of the Treasury' for clarity and for consistency in the revised title. In subsection (c), the words 'metallic strip' are omitted as being included in 'materials', and the word 'terms' is omitted as being included in 'conditions'. In subsection (d)(1), the words 'prohibit or limit' are substituted for 'prohibit, curtail, or regulate' because of the restatement and to eliminate unnecessary words. The words 'prohibition or limitation' are substituted for 'such action' because of the restatement. The words 'under such rules and regulations as he may prescribe' are omitted as unnecessary because of section 321(b) of the revised title. In subsection (d)(2), the word 'person' is substituted for 'Whoever' for consistency in the revised title. In subsection (d)(3), the words 'and his delegates' are omitted as unnecessary because of the power of the Secretary to delegate under section 321(b) of the revised title. The word 'remedies' is substituted for 'judicial and other remedies available to the United States' to eliminate unnecessary words. The words 'of property subject to forfeiture pursuant to subsection (a) of this section' and 'for the enforcement of forfeitures of property subject to forfeiture under any provision of title 26' are omitted as unnecessary because of the restatement. AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-274 inserted heading and amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'The Secretary may make contracts on conditions the Secretary decides are appropriate and in the public interest to acquire equipment, manufacturing facilities, patents, patent rights, technical knowledge and assistance, and materials necessary to produce rapidly an adequate supply of coins referred to in section 5112(a)(1)-(4) of this title.' AWARD OF GOLD MEDAL TO GENERAL MATTHEW B. RIDGWAY Pub. L. 101-510, div. A, title XIV, Sec. 1491, Nov. 5, 1990, 104 Stat. 1720, authorized the President to present, on behalf of Congress, to General Matthew B. Ridgway, a gold medal in recognition of his distinguished service to the Nation, required the Secretary of the Treasury to strike the gold medal with suitable emblems, devices, and inscriptions, and authorized the Secretary to have bronze duplicates of the gold medal coined and sold as prescribed by regulation. CONGRESSIONAL MEDALS FOR VETERANS OF ATTACK ON PEARL HARBOR Pub. L. 101-510, div. A, title XIV, Sec. 1492, Nov. 5, 1990, 104 Stat. 1721, authorized the Speaker of the House and the President pro tempore of the Senate to jointly present, on behalf of Congress, to eligible persons who were members of the Armed Forces of the United States, who were present in Hawaii on Dec. 7, 1941, and who participated in combat operations that day against Japanese military forces attacking Hawaii, bronze medals commemorating the service of those persons to the United States, provided that medals could be accepted by next-of-kin of eligible persons killed in action during that attack or who have since died, and required the Secretary of the Treasury to strike the medals with suitable emblems, devices, and inscriptions. YOSEMITE NATIONAL PARK CENTENNIAL MEDALS Pub. L. 101-510, div. A, title XIV, Sec. 1493, Nov. 5, 1990, 104 Stat. 1722, required the Secretary of the Treasury to issue medals commemorating the centennial of Yosemite National Park, and provided for specification, design, pricing, and sale of medals, payment of surcharges from sales to a permanent endowment fund for the benefit of Yosemite National Park, and audits by the Comptroller General. DESIGNATION OF MEDALS ISSUED UNDER SECTIONS 1491 TO 1493 OF PUB. L. 101-510 AS NATIONAL MEDALS Pub. L. 101-510, div. A, title XIV, Sec. 1494, Nov. 5, 1990, 104 Stat. 1722, provided that: 'The medals authorized by sections 1491, 1492, and 1493 (Pub. L. 101-510, set out as notes above) are national medals for purposes of chapter 51 of title 31, United States Code.' AWARD OF GOLD MEDAL TO LAURANCE SPELMAN ROCKEFELLER Pub. L. 101-296, May 17, 1990, 104 Stat. 197, authorized the President to present, on behalf of Congress, a gold medal to Laurance Spelman Rockefeller in recognition of his leadership on behalf of natural resource conservation and historic preservation, required the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions for purposes of presentation by the President, provided that the Secretary could have bronze duplicates of the medal coined and sold as prescribed by regulation, and provided that the gold and bronze medals are national medals for purposes of chapter 51 of this title. UNITED STATES COAST GUARD BICENTENNIAL MEDALS Pub. L. 101-260, Mar. 30, 1990, 104 Stat. 122, known as the 'United States Coast Guard Bicentennial Medal Act', directed the Secretary of the Treasury to design, strike, and sell a medal in commemoration of the bicentennial of the United States Coast Guard in 1990, provided that the medals be sold at a price sufficient to cover the cost of such medals including labor, materials, dies, use of machinery and overhead expenses, directed that the design of the medal be selected by the Secretary of the Treasury after consultation with the Secretary of Transportation and the Commission of Fine Arts, and provided that the medals are national medals for purposes of chapter 51 of this title. AWARD OF GOLD MEDAL TO ANDREW WYETH Pub. L. 100-639, Nov. 9, 1988, 102 Stat. 3331, authorized the President to present, on behalf of Congress, a gold medal to Andrew Wyeth in recognition of his outstanding and invaluable contributions to American art and culture, required the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions for purposes of presentation by the President, provided that the Secretary could have bronze duplicates of the medals coined and sold as prescribed by regulation, and provided that the gold and bronze medals are national medals for purposes of chapter 51 of this title. AWARD OF GOLD MEDAL TO MRS. JESSE OWENS Pub. L. 100-437, Sec. 1-3, Sept. 20, 1988, 102 Stat. 1717, authorized the President to present, on behalf of Congress, to Mrs. Jesse Owens a gold medal in recognition of the late Jesse Owens' athletic achievements and humanitarian contributions to public service, civil rights, and international goodwill, required the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions for purposes of presentation by the President, provided that the Secretary could have bronze duplicates of the medal coined and sold as prescribed by regulation, and provided that the gold and bronze medals were national medals for purposes of chapter 51 of this title. AWARD OF SPECIAL GOLD MEDAL TO MARY LASKER Pub. L. 100-210, Sec. 1, 2, Dec. 24, 1987, 101 Stat. 1441, authorized the President to present a gold medal to Mary Lasker in recognition of her humanitarian contributions to medical research and education, urban beautification, and the fine arts, required the Secretary of the Treasury to coin a gold medal with suitable emblems, devices, and inscriptions for purposes of presentation by the President, provided that the Secretary could have bronze duplicates of the medal coined and sold as prescribed by regulation, and provided that the gold and bronze medals were national medals for purposes of chapter 51 of this title. AWARD OF GOLD MEDAL TO AARON COPLAND Pub. L. 99-418, Sept. 23, 1986, 100 Stat. 952, authorized the President to present a gold medal to Aaron Copland in recognition of his contributions to American musical composition, required the Secretary of the Treasury to coin a gold medal with suitable emblems, devices, and inscriptions for purposes of presentation by the President, provided that the Secretary could have bronze duplicates of the medal coined and sold as prescribed by regulation, and provided that the gold and bronze medals were national medals for purposes of 31 U.S.C. 5111. AWARD OF GOLD MEDAL TO FAMILY OF HARRY CHAPIN Pub. L. 99-311, May 20, 1986, 100 Stat. 464, authorized the President to present a gold medal to the family of Harry Chapin in recognition of his efforts to address issues of world hunger, required the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions for purposes of presentation by the President, provided that the Secretary could have bronze duplicates of the medal coined and sold as prescribed by regulation, and provided that the gold and bronze medals were national medals for purposes of 31 U.S.C. 5111. AWARD OF GOLD MEDALS TO NATAN (ANATOLY) AND AVITAL SHCHARANSKY Pub. L. 99-298, May 13, 1986, 100 Stat. 432, requested the President to present Congressional gold medals to Natan (Anatoly) and Avital Shcharansky in recognition of their dedication and commitment to individual human rights and freedoms, required the Secretary of the Treasury to strike two gold medals with suitable emblems, devices, and inscriptions for purposes of presentation by the President, provided that the Secretary could have bronze duplicates of the medals coined and sold as prescribed by regulation, and provided that the gold and bronze medals be considered to be national medals for purposes of 31 U.S.C. 5111. YOUNG ASTRONAUT PROGRAM MEDALS Pub. L. 99-295, May 12, 1986, 100 Stat. 427, as amended by Pub. L. 100-210, Sec. 3, Dec. 24, 1987, 101 Stat. 1441; Pub. L. 100-437, Sec. 4, Sept. 20, 1988, 102 Stat. 1717, known as the 'Young Astronaut Program Medal Act', directed the Secretary of the Treasury to prepare 750,000 gold, silver, and bronze medals, at 10 percent above cost, for disposition at a premium by the Young Astronaut Council, provided that the medals are national medals for purposes of chapter 51 of this title, empowered the Comptroller General of the United States to examine all records of the Young Astronaut Council related to the medals, and prohibited the Secretary of the Treasury from striking medals after Dec. 31, 1989. AMERICAN ARTS GOLD MEDALLIONS Pub. L. 95-630, title IV, Sec. 401-407, Nov. 10, 1978, 92 Stat. 3679, 3680, required the Secretary of the Treasury, during each of the first five calendar years beginning after Nov. 10, 1978, to strike and sell to the general public gold medallions, aggregating not less than one million troy ounces of fine gold and commemorating outstanding individuals in the American arts, provided for the size, content, design and inscriptions of the medallions, provided that the medallions were deemed to be a coin of a denomination of higher than 5 cents for the purposes of section 485 of Title 18, Crimes and Criminal Procedure, and provided for the pricing and sale of the medallions by the Secretary and Administrator of General Services. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5112, 5116, 5120, 5132 of this title. ------DocID 39460 Document 360 of 536------ -CITE- 31 USC Sec. 5112 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5112. Denominations, specifications, and design of coins -STATUTE- (a) The Secretary of the Treasury may mint and issue only the following coins: (1) a dollar coin that is 1.043 inches in diameter and weighs 8.1 grams. (2) a half dollar coin that is 1.205 inches in diameter and weighs 11.34 grams. (3) a quarter dollar coin that is 0.955 inch in diameter and weighs 5.67 grams. (4) a dime coin that is 0.705 inch in diameter and weighs 2.268 grams. (5) a 5-cent coin that is 0.835 inch in diameter and weighs 5 grams. (6) except as provided under subsection (c) of this section, a one-cent coin that is 0.75 inch in diameter and weighs 3.11 grams. (7) A fifty dollar gold coin that is 32.7 millimeters in diameter, weighs 33.931 grams, and contains one troy ounce of fine gold. (8) A twenty-five dollar gold coin that is 27.0 millimeters in diameter, weighs 16.966 grams, and contains one-half troy ounce of fine gold. (9) A ten dollar gold coin that is 22.0 millimeters in diameter, weighs 8.483 grams, and contains one-fourth troy ounce of fine gold. (10) A five dollar gold coin that is 16.5 millimeters in diameter, weighs 3.393 grams, and contains one-tenth troy ounce of fine gold. (b) The dollar, half dollar, quarter dollar, and dime coins are clad coins with 3 layers of metal. The 2 identical outer layers are an alloy of 75 percent copper and 25 percent nickel. The inner layer is copper. The outer layers are metallurgically bonded to the inner layer and weigh at least 30 percent of the weight of the coin. The 5-cent coin is an alloy of 75 percent copper and 25 percent nickel. In minting 5-cent coins, the Secretary shall use bars that vary not more than 2.5 percent from the percent of nickel required. Except as provided under subsection (c) of this section, the one-cent coin is an alloy of 95 percent copper and 5 percent zinc. In minting gold coins, the Secretary shall use alloys that vary not more than 0.1 percent from the percent of gold required. The specifications for alloys are by weight. (c) The Secretary may prescribe the weight and the composition of copper and zinc in the alloy of the one-cent coin that the Secretary decides are appropriate when the Secretary decides that a different weight and alloy of copper and zinc are necessary to ensure an adequate supply of one-cent coins to meet the needs of the United States. (d)(1) United States coins have the inscription 'In God We Trust'. The obverse side of each coin has the inscription 'Liberty'. The reverse side of each coin has the inscriptions 'United States of America' and 'E Pluribus Unum' and a designation of the value of the coin. The design on the reverse side of the dollar, half dollar, and quarter dollar is an eagle. The eagle on the reverse side of the dollar is the symbolic eagle of Apollo 11 landing on the moon. The obverse side of the dollar has the likeness of Susan B. Anthony. The coins have an inscription of the year of minting or issuance. However, to prevent or alleviate a shortage of a denomination, the Secretary may inscribe coins of the denomination with the year that was last inscribed on coins of the denomination. (2) The Secretary shall prepare the devices, models, hubs, and dies for coins, emblems, devices, inscriptions, and designs authorized under this chapter. The Secretary may adopt and prepare new designs or models of emblems or devices that are authorized in the same way as when new coins or devices are authorized. The Secretary may change the design or die of a coin only once within 25 years of the first adoption of the design, model, hub, or die for that coin. The Secretary may procure services under section 3109 of title 5 in carrying out this paragraph. (e) Notwithstanding any other provision of law, the Secretary shall mint and issue, in quantities sufficient to meet public demand, coins which - (1) are 40.6 millimeters in diameter and weigh 31.103 grams; (2) contain .999 fine silver; (3) have a design - (A) symbolic of Liberty on the obverse side; and (B) of an eagle on the reverse side; (4) have inscriptions of the year of minting or issuance, and the words 'Liberty', 'In God We Trust', 'United States of America', '1 Oz. Fine Silver', 'E Pluribus Unum', and 'One Dollar'; and (5) have reeded edges. (f) Silver Coins. - (1) Sale price. - The Secretary shall sell the coins minted under subsection (e) to the public at a price equal to the market value of the bullion at the time of sale, plus the cost of minting, marketing, and distributing such coins (including labor, materials, dies, use of machinery, and promotional and overhead expenses). (2) Bulk sales. - The Secretary shall make bulk sales of the coins minted under subsection (e) at a reasonable discount. (3) Numismatic items. - For purposes of section 5132(a)(1) of this title, all coins minted under subsection (e) shall be considered to be numismatic items. (g) For purposes of section 5132(a)(1) of this title, all coins minted under subsection (e) of this section shall be considered to be numismatic items. (h) The coins issued under this title shall be legal tender as provided in section 5103 of title 31, United States Code. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should be 'section 5103 of this title.' (i)(1) Notwithstanding section 5111(a)(1) of this title, the Secretary shall mint and issue the gold coins described in paragraphs (7), (8), (9), and (10) of subsection (a) of this section, in quantities sufficient to meet public demand, and such gold coins shall - (A) have a design determined by the Secretary, except that the fifty dollar gold coin shall have - (i) on the obverse side, a design symbolic of Liberty; and (ii) on the reverse side, a design representing a family of eagles, with the male carrying an olive branch and flying above a nest containing a female eagle and hatchlings; (B) have inscriptions of the denomination, the weight of the fine gold content, the year of minting or issuance, and the words 'Liberty', 'In God We Trust', 'United States of America', and 'E Pluribus Unum'; and (C) have reeded edges. (2)(A) The Secretary shall sell the coins minted under this subsection to the public at a price equal to the market value of the bullion at the time of sale, plus the cost of minting, marketing, and distributing such coins (including labor, materials, dies, use of machinery, and promotional and overhead expenses). (B) The Secretary shall make bulk sales of the coins minted under this subsection at a reasonable discount. (3) For purposes of section 5132(a)(1) of this title, all coins minted under this subsection shall be considered to be numismatic items. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 981; Pub. L. 97-452, Sec. 1(20), Jan. 12, 1983, 96 Stat. 2477; Pub. L. 99-61, title II, Sec. 202, July 9, 1985, 99 Stat. 115; Pub. L. 99-185, Sec. 2(a), (b), Dec. 17, 1985, 99 Stat. 1177; Pub. L. 100-274, Sec. 4(a), 6, Mar. 31, 1988, 102 Stat. 50.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5112(a) 31:317(a)(1st, last R.S. Sec. 3515(a); sentences). Sept. 26, 1890, ch. 945, Sec. 1, 26 Stat. 485; Sept. 5, 1962, Pub. L. 87- 643, Sec. 1, 76 Stat. 440; Oct. 11, 1974, Pub. L. 93- 441, Sec. 1, 88 Stat. 1261. 31:391(c). July 23, 1965, Pub. L. 89-81, Sec. 101(c), 79 Stat. 255; restated Dec. 31, 1970, Pub. L. 91-607, Sec. 201, 84 Stat. 1768; Oct. 10, 1978, Pub. L. 95-447, Sec. 2, 92 Stat. 1072. 5112(b) 31:317(a)(2d, 3d sentences). 31:346. R.S. Sec. 3533; June 14, 1947, ch. 104, Sec. 1, 61 Stat. 132. 31:391(b). July 23, 1965, Pub. L. 89-81, Sec. 101(b), (d), 79 Stat. 254; restated Dec. 31, 1970, Pub. L. 91-607, Sec. 201, 84 Stat. 1768. 31:398(1)-(4), (6). July 23, 1965, Pub. L. 89-81, Sec. 108(1)-(4), (6), 79 Stat. 255. 5112(c) 31:317(b). R.S. Sec. 3515(b); added Oct. 11, 1974, Pub. L. 93- 441, Sec. 1, 88 Stat. 1261. 5112(d)(1) 31:324. R.S. Sec. 3517; Mar. 3, 1887, ch. 396, Sec. 3, 24 Stat. 635; Sept. 26, 1890, ch. 945, Sec. 1, 26 Stat. 485; May 18, 1908, ch. 173, 35 Stat. 164; restated July 23, 1965, Pub. L. 89- 81, Sec. 204(a), 79 Stat. 256; Dec. 31, 1970, Pub. L. 91- 607, Sec. 206, 84 Stat. 1769. 31:324b-1. Oct. 10, 1978, Pub. L. 95-447, Sec. 3, 92 Stat. 1072. 5112(d)(2) 31:276. R.S. Sec. 3510; restated Sept. 26, 1890, ch. 944, 26 Stat. 484. 5112(e) 31:324b. Dec. 31, 1970, Pub. L. 91-607, Sec. 203, 84 Stat. 1769; Oct. 10, 1978, Pub. L. 95-447, Sec. 4, 92 Stat. 1072. 31:324c. Dec. 31, 1970, Pub. L. 91-607, Sec. 209, 84 Stat. 1769. 31:391(d). 31:398(3), (4). 5112(f) 31:321. R.S. Sec. 3514; Jan. 30, 1934, ch. 6, Sec. 5, 48 Stat. 340. 31:399. July 23, 1965, Pub. L. 89-81, 79 Stat. 254, Sec. 109; added Dec. 23, 1981, Pub. L. 97- 104, Sec. 2, 95 Stat. 1491. ------------------------------- In subsection (a), the words before clause (1) are added because of the restatement. In clause (5), the words 'that is 0.835 inch in diameter' are added because the Secretary of the Treasury has prescribed the diameter and the diameter of a coin may not be changed under 31:276. The words '5 grams' are substituted for 'seventy-seven and sixteen-hundredths grains troy' for consistency in the revised chapter. In clause (6), the words 'that is 0.75 inch in diameter' are added because the Secretary has prescribed the diameter and the diameter of a coin may not be changed under 31:276. The words 'except as provided under subsection (c) of this section' are added for clarity and because of the restatement. The words '3.11 grams' are substituted for 'forty-eight grains' for consistency in the revised chapter. In subsection (b), the words 'In minting 5-cent coins' are substituted for 'in minor-coinage alloys' in 31:346 because 5-cent coins are the minor coins composed of nickel. The words 'Secretary shall use' are substituted for 'shall be used' because of the source provisions restated in section 321 of the revised title. The word 'bars' is substituted for 'ingots' for consistency in the revised chapter. The words '2.5 percent' are substituted for 'twenty-five thousandths' for consistency in the revised title and with other titles of the United States Code. The words 'from the percent of nickel required' are substituted for 'the legal standard . . . in the proportion of nickel' because of the restatement. The words 'In silver ingots, six-thousandths' are omitted as superseded by the source provisions restated in the section. The words 'In gold ingots, one-thousandth' in section 3533 of the Revised Statutes are omitted because gold coinage was discontinued by 31:315b. The words 'Except as provided in subsection (c) of this section' are added for clarity and because of the restatement. In subsection (c), the words 'a different weight and alloy of copper and zinc' are substituted for 'such action' for clarity. In subsection (d)(1), the words 'an impression emblematic of liberty' in 31:324 are omitted as obsolete. The words 'The design on the reverse side of the dollar, half dollar, and quarter dollar is an eagle' are substituted for 'and upon the reverse side shall be the figure or representation of an eagle . . . but on the dime, 5-, and 1-cent piece, the figure of the eagle shall be omitted', and the words 'The emblem on the obverse side of the dollar is' are substituted for 'The one-dollar coin authorized by section 391(c) of this title shall bear on the obverse side' in 31:324b-1, to eliminate unnecessary words. The words 'Any coins minted after July 23, 1965, from 900 fine coin silver shall be inscribed with the year 1964' in 31:324 are omitted because the Secretary no longer has authority to mint coins from 900 fine coin silver. In subsection (d)(2), the word 'Secretary' is substituted for 'engraver', 'Director of the Mint', and 'Director of the Mint . . . with the approval of the Secretary of the Treasury' because of the source provisions restated in section 321(c) of the revised title. The word 'dies' is substituted for 'from the original dies already authorized all the working dies required for use in the coinage of the several mints' and 'original dies' to eliminate unnecessary words. The word 'inscription' is substituted for 'legend' for consistency in the section. The words 'Provided, That no change be made in the diameter of any coin' are omitted as unnecessary because the diameters are prescribed by subsection (a) of the revised section. The words 'procure services under section 3109 of title 5 in carrying out this paragraph' are substituted for 'engage temporarily for this purpose the services of one or more artists, distinguished in their respective departments of art' to eliminate unnecessary words. The words 'who shall be paid for such service from the contingent appropriation for the mint at Philadelphia' are omitted as obsolete. The text of section 3510(2d proviso) of the Revised Statutes is omitted as executed. In subsection (e)(2), the words '80 percent' are substituted for 'eight hundred parts' in 31:391(d), and the words '20 percent' are substituted for 'two hundred parts', for consistency in the revised title and with other titles of the Code. The words 'that are metallurgically bonded to' are added for clarity and consistency with subsection (b). In clause (4), the words 'the late President of the United States' in 31:324b are omitted as unnecessary. Clause (6) is added because 31:324 applies to coins minted under this subsection. In subsection (f)(1), before clause (A), the words 'Notwithstanding this section and section 5111(a)(1) of this title are substituted for 'Notwithstanding any other provision of law' in 31:399 for clarity. In clause (B), the words 'are an alloy of 90 percent silver and 10 percent copper' are substituted for 'be minted in accordance with the standard established in section 3514 of the Revised Statutes (31 U.S.C. 321)' and 31:321 to eliminate unnecessary words and for clarity. In clause (C), the word 'symbolizing' is substituted for 'emblematic' for clarity. In subsection (f)(2), the words 'under such regulations as he may prescribe' are omitted as unnecessary because of section 321 of the revised title. The word 'Treasury' is substituted for 'general fund of the Treasury' to eliminate unnecessary words. The text of 31:399(b)(3) is omitted as unnecessary because of section 5103 of the revised title. 1983 ACT This amends 31:5112(f)(1) to make technical and conforming changes. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-274, Sec. 4(a), inserted before last sentence 'In minting gold coins, the Secretary shall use alloys that vary not more than 0.1 percent from the percent of gold required.' Subsec. (f). Pub. L. 100-274, Sec. 6, inserted heading and amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: 'The Secretary shall sell the coins minted under subsection (e) to the public at a price equal to the market value of the bullion at the time of sale, plus the cost of minting, marketing, and distributing such coins (including labor, materials, dyes, use of machinery, and overhead expenses).' 1985 - Subsec. (a)(7) to (10). Pub. L. 99-185, Sec. 2(a), added pars. (7) to (10). Subsec. (e). Pub. L. 99-61 added subsec. (e). Former subsec. (e), providing for the minting of 150,000,000 silver and copper alloy dollar coins bearing the likeness of Dwight David Eisenhower, was struck out. Subsec. (f). Pub. L. 99-61 added subsec. (f). Former subsec. (f), providing for the minting of up to 10,000,000 silver and copper alloy half-dollar coins symbolizing the 250th anniversary of the birth of George Washington, was struck out. Subsecs. (g), (h). Pub. L. 99-61 added subsecs. (g) and (h). Subsec. (i). Pub. L. 99-185, Sec. 2(b), added subsec. (i). 1983 - Subsec. (f)(1). Pub. L. 97-452, Sec. 1(20)(A), inserted a comma after '10,000,000)' in introductory text. Subsec. (f)(1)(C). Pub. L. 97-452, Sec. 1(20)(B), substituted '250th' for 'two hundred and fiftieth'. EFFECTIVE DATE OF 1985 AMENDMENTS Section 3 of Pub. L. 99-185 provided that: 'This Act (amending sections 5112, 5116, 5118, and 5132 of this title and enacting provisions set out as notes under this section) shall take effect on October 1, 1985, except that no coins may be issued or sold under section 5112(i) of title 31, United States Code, before October 1, 1986.' Section 205 of title II of Pub. L. 99-61 provided that: 'This title (amending sections 5112, 5116, and 5132 of this title and enacting provisions set out as a note under this section) shall take effect on October 1, 1985, except that no coins may be issued or sold under subsection (e) of section 5112 of title 31, United States Code, before September 1, 1986, or before the date on which all coins minted under title I of this Act (set out as a note below) have been sold, whichever is earlier.' SHORT TITLE OF 1985 AMENDMENTS Section 1 of Pub. L. 99-185 provided that: 'This Act (amending this section and sections 5116, 5118, and 5132 of this title and enacting provisions set out as notes under this section) may be cited as the 'Gold Bullion Coin Act of 1985'.' Section 201 of title II of Pub. L. 99-61 provided that: 'This title (amending this section and sections 5116 and 5132 of this title and enacting provisions set out as a note under this section) may be cited as the 'Liberty Coin Act'.' AMOUNT EQUAL TO PROFIT FROM SALE OF GOLD COINS DEPOSITED IN GENERAL FUND OF TREASURY TO REDUCE NATIONAL DEBT Section 2(f) of Pub. L. 99-185 provided that: 'Notwithstanding any other provision of law, an amount equal to the amount by which the proceeds from the sale of the coins issued under section 5112(i) of title 31, United States Code, exceed the sum of - '(1) the cost of minting, marketing, and distributing such coins, and '(2) the value of gold certificates (not exceeding forty-two and two-ninths dollars a fine troy ounce) retired from the use of gold contained in such coins, shall be deposited in the general fund of the Treasury and shall be used for the sole purpose of reducing the national debt.' ISSUANCE OF GOLD COINS TO RESULT IN NO NET COST TO UNITED STATES Section 2(g) of Pub. L. 99-185 provided that: 'The Secretary shall take all actions necessary to ensure that the issuance of the coins minted under section 5112(i) of title 31, United States Code, shall result in no net cost to the United States Government.' KOREAN WAR VETERANS MEMORIAL THIRTY-EIGHTH ANNIVERSARY COMMEMORATIVE COINS Pub. L. 101-495, Oct. 31, 1990, 104 Stat. 1187, required Secretary of the Treasury to issue not more than 1 million one dollar silver coins commemorating the thirty-eighth anniversary of the ending of the Korean War and provided for sources of bullion, design, issuance and sale of coins, financial assurances, use of surcharges, audit by Comptroller General, waiver of procurement regulations, and coinage profit fund. 1992 OLYMPIC COMMEMORATIVE COINS Pub. L. 101-406, Oct. 3, 1990, 104 Stat. 879, required Secretary of the Treasury to issue not more than 500,000 five dollar gold coins, 4 million one dollar silver coins, and 6 million half dollar clad coins to support the training of American athletes participating in the 1992 Olympic Games and provided for sources of bullion, specification, design, issuance, and sale of coins, waiver of procurement regulations, distribution of surcharges, audit by Comptroller General, coinage profit fund, and financial assurances. UNITED SERVICES ORGANIZATION 50TH ANNIVERSARY COMMEMORATIVE COINS Pub. L. 101-404, Oct. 2, 1990, 104 Stat. 875, required Secretary of the Treasury to issue not more than 1 million one dollar silver coins commemorating the 50th anniversary of the United Services Organization and provided for sources of bullion, design, issuance, and sale of coins, financial assurances, use of surcharges, audit by Comptroller General, report to Congress, waiver of procurement regulations, and coinage profit fund. MOUNT RUSHMORE COMMEMORATIVE COINS Pub. L. 101-332, July 16, 1990, 104 Stat. 313, required Secretary of the Treasury to issue not more than 500,000 five dollar gold coins, 2.5 million one dollar silver coins, and 2.5 million half dollar clad coins commemorating the golden anniversary of the Mount Rushmore National Memorial and provided for sources of bullion, specification, design, issuance, and sale of coins, waiver of procurement regulations, distribution of surcharges, audit by Comptroller General, coinage profit fund, and financial assurances. BICENTENNIAL OF THE UNITED STATES CONGRESS COMMEMORATIVE COINS Pub. L. 100-673, Nov. 17, 1988, 102 Stat. 3992, as amended by Pub. L. 101-302, title III, Sec. 312(c), May 25, 1990, 104 Stat. 245, required Secretary of the Treasury to issue not more than one million five dollar coins, three million one dollar coins, and four million half dollar coins commemorating the bicentennial of the United States Congress, and provided for specification and design and sale of coins, sources of bullion therefor, financial assurances, use of surcharges, inapplicability of other provisions governing procurement of goods and services, and compliance with provisions relating to equal employment opportunity. Similar provisions were contained in Pub. L. 100-378, Aug. 1, 1988, 102 Stat. 887, and were repealed on enactment by section 11 of Pub. L. 100-378. Pub. L. 101-36, June 9, 1989, 103 Stat. 69, authorized a first strike ceremony at the United States Capitol for the Bicentennial of the Congress Commemorative Coin. DWIGHT DAVID EISENHOWER COMMEMORATIVE COINS Pub. L. 100-467, Oct. 3, 1988, 102 Stat. 2275, required Secretary of the Treasury to issue not more than four million one dollar coins commemorating the one hundredth anniversary of the birth of Dwight David Eisenhower, and provided for specification, design and sale of coins, sources of bullion therefor, financial assurances, use of revenue from sales for reduction of national debt, inapplicability of other provisions governing procurement of goods and services, and compliance with provisions relating to equal employment opportunity. 1988 OLYMPIC COMMEMORATIVE COINS Pub. L. 100-141, Oct. 28, 1987, 101 Stat. 832, required Secretary of the Treasury to issue not more than one million five dollar coins and ten million one dollar coins commemorating the 1988 Olympics and provided for coin specifications, sources of bullion, design, sale, and issuance of coins, waiver of procurement regulations, distribution of surcharges, audit by the Comptroller General, establishment of a coinage profit fund, and financial assurances. BICENTENNIAL OF UNITED STATES CONSTITUTION COMMEMORATIVE COINS Pub. L. 99-582, Oct. 29, 1986, 100 Stat. 3315, required Secretary of the Treasury to issue not more than one million five dollar coins and ten million one dollar coins commemorating the bicentennial of the United States Constitution, and provided for specification, design and sale of coins, sources of bullion therefor, financial assurances, use of revenue from sales for reduction of national debt, inapplicability of other provisions governing procurement of goods and services, and compliance with provisions relating to equal employment opportunity. STATUE OF LIBERTY-ELLIS ISLAND COMMEMORATIVE COINS Pub. L. 99-61, title I, July 9, 1985, 99 Stat. 113, required Secretary of the Treasury to issue not more than 500,000 five dollar coins, ten million one dollar coins, and twenty-five million half dollar coins commemorating the Statue of Liberty and Ellis Island, and provided for coin specifications, sources of bullion, design of coins, requirements for issuance, waiver of procurement regulations, distribution of surcharges, audit by the Comptroller General, establishment of a coinage profit fund, and financial assurances. 1984 OLYMPIC COMMEMORATIVE COINS Pub. L. 97-220, July 22, 1982, 96 Stat. 222, required Secretary of the Treasury to issue not more than fifty million one-dollar coins and two million ten-dollar coins commemorating the 1984 summer Olympic games and provided for national and international sales, distribution of proceeds, establishment of a coinage profit fund, audits by the Comptroller General, financial assurances, and reports to Congress. POSSESSION OF GOLD COINS AND BULLION The possession of gold coins and bullion was prohibited except under Government license by Ex. Ord. No. 6260, eff. Aug. 28, 1933. That prohibition was revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003, eff. Dec. 31, 1974. See notes set out under section 95a of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5102, 5111, 5113, 5116, 5132 of this title; title 26 section 408. ------DocID 39461 Document 361 of 536------ -CITE- 31 USC Sec. 5113 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5113. Tolerances and testing of coins -STATUTE- (a) The Secretary of the Treasury may prescribe reasonable manufacturing tolerances for specifications in section 5112 of this title (except for specifications that are limits) for the dollar, half dollar, quarter dollar, and dime coins. The weight of the 5-cent coin may vary not more than 0.194 gram. The weight of the one-cent coin may vary not more than 0.13 gram. Any gold coin issued under section 5112 of this title shall contain the full weight of gold stated on the coin. (b) The Secretary shall keep a record of the kind, number, and weight of each group of coins minted and test a number of the coins separately to determine if the coins conform to the weight specified in section 5112(a) of this title. If the coins tested do not conform, the Secretary - (1) shall weigh each coin of the group separately and deface the coins that do not conform and cast them into bars for reminting; or (2) may remelt the group of coins. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 983; Pub. L. 100-274, Sec. 4(b), Mar. 31, 1988, 102 Stat. 50.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5113(a) 31:350. R.S. Sec. 3537; Sept. 26, 1890, ch. 945, Sec. 1, 26 Stat. 485. 31:398(5). July 23, 1965, Pub. L. 89-81, Sec. 108(5), 79 Stat. 255. 5113(b) 31:351. R.S. Sec. 3538; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. ------------------------------- In subsection (a), the words 'for the dollar, half dollar, quarter dollar, and dime coins' are added because of the restatement. The words '0.194 gram' are substituted for 'three grains', and the words '0.13 gram' are substituted for 'two grains', for consistency in the revised chapter. In subsection (b), before clause (1), the words 'Secretary shall keep a record of the kind, number, and weight of each group of coins minted' are substituted for 31:351(1st sentence) because of the source provisions restated in section 321(c) of the revised title. In clause (1), the words 'deface the coins that do not conform and cast them into bars for reminting' are substituted for 'shall be defaced and delivered to the superintendent of melting and refining department as standard bullion, to be again formed into ingots and recoined' for consistency in the revised chapter and to eliminate unnecessary words. In clause (2), the words 'if more convenient' are omitted as surplus. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-274 inserted at end 'Any gold coin issued under section 5112 of this title shall contain the full weight of gold stated on the coin.' ------DocID 39462 Document 362 of 536------ -CITE- 31 USC Sec. 5114 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5114. Engraving and printing currency and security documents -STATUTE- (a) The Secretary of the Treasury shall engrave and print United States currency and bonds of the United States Government and currency and bonds of United States territories and possessions from intaglio plates on plate printing presses the Secretary selects. However, other security documents and checks may be printed by any process the Secretary selects. Engraving and printing shall be carried out within the Department of the Treasury if the Secretary decides the engraving and printing can be carried out as cheaply, perfectly, and safely as outside the Department. (b) United States currency has the inscription 'In God We Trust' in a place the Secretary decides is appropriate. Only the portrait of a deceased individual may appear on United States currency and securities. The name of the individual shall be inscribed below the portrait. (c) The Secretary may make a contract for a period of not more than 4 years to manufacture distinctive paper for United States currency and securities. To promote competition among manufacturers of the distinctive paper, the Secretary may split the award for the manufacture of the paper between the 2 bidders with the lowest prices a pound. When the Secretary decides that it is necessary to operate more than one mill to manufacture distinctive paper, the Secretary may - (1) employ individuals temporarily at rates of pay equivalent to the rates of pay of regular employees; and (2) charge the pay of the temporary employees to the appropriation available for manufacturing distinctive paper. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 983.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5114(a) 31:177. Aug. 24, 1912, ch. 355, Sec. 1(4th par. under heading 'Engraving and Printing'), 37 Stat. 430. Jan. 3, 1923, ch. 22(2d par. under heading 'Bureau of Engraving and Printing'), 42 Stat. 1099. 31:415. Mar. 3, 1877, ch. 105(provisos in par. under heading 'Bureau of Engraving and Printing'), 19 Stat. 353. 31:416. R.S. Sec. 3577. 5114(b) 31:324a. July 11, 1955, ch. 303, 69 Stat. 290. 31:413. R.S. Sec. 3576. 31:414. Mar. 2, 1889, ch. 411, Sec. 1(5th proviso under heading 'Engraving and Printing'), 25 Stat. 945. 5114(c) 31:418. July 1, 1916, ch. 209, Sec. 1(2d par. on p. 277), 39 Stat. 277; Oct. 31, 1951, ch. 654, Sec. 2(19), 65 Stat. 707. 31:418a. Aug. 11, 1951, ch. 301, Sec. 101(proviso under heading 'Bureau of Engraving and Printing'), 65 Stat. 184. 31:419. Apr. 4, 1924, ch. 84(1st par. on p. 69), 43 Stat. 69. ------------------------------- In subsection (a), the words 'The Secretary of the Treasury shall engrave and print' are substituted for 'The work of engraving and printing . . . shall be performed at the Treasury Department' in 31:415 because of the source provisions restated in section 321(c) of the revised title. The words 'United States currency and security documents of the United States Government and currency and bonds of the United States territories and possessions' are substituted for 'the backs and tints of all United States bonds, the backs and tints of all United States paper money, and the backs and tints of bonds and paper money issued by any of the insular possessions of the United States' in 31:177 to eliminate unnecessary words and for clarity and consistency in the revised title. The words 'other security documents and checks' are substituted for 'checks' because only currency and bonds must be printed from intaglio plates. The text of 31:177(1st proviso) is omitted as unnecessary because of the authority of the Secretary to engrave and print restated in the subsection and the source provisions restated in section 303 of the revised title. The text of 31:177(last proviso) is omitted as executed. The text of the first and 2d provisos in the 4th paragraph under the heading 'Engraving and Printing' in section 1 of the Act of August 24, 1912 (ch. 355, 37 Stat. 430), is omitted as superseded by 31:177(1st proviso). The words after the semicolon in the 2d paragraph under the heading 'Bureau of Engraving and Printing' of the Act of January 3, 1923 (ch. 22, 42 Stat. 1099), are omitted as executed. The words 'if the Secretary decides the engraving and printing can be carried out . . . as outside the Department' are substituted for 'provided it can be done there' in 31:415 for clarity. The words 'The Secretary of the Treasury may purchase and provide all the machinery and materials' in 31:416 are omitted as being superseded by section 5142 of the revised title. The words 'and employ such persons and appoint such officers as are necessary for the purpose of section 415 of this title' are omitted as unnecessary because of 5:3101. The text of section 3577(words before the semicolon) of the Revised Statutes is omitted as superseded by 31:415. In subsection (b), the words 'United States currency has the inscription' are substituted for 'the dies shall bear . . . the inscription' in 31:324a for clarity. The words 'At such time as new dies for the printing of currency are adopted' are omitted as executed. The words 'and thereafter this inscription shall appear on all United States currency and coins' are omitted as unnecessary because of the restatement of the source provisions in this subsection and section 5112(d) of the revised title. The words 'in connection with the current program of the Treasury Department to increase the capacity of presses utilized by the Bureau of Engraving and Printing' in the Act of July 11, 1955 (ch. 303, 69 Stat. 290), are omitted as unnecessary. The words 'Only . . . of a deceased individual' are substituted for 'No . . . while the original of such portrait is living' in 31:413 for clarity. The words 'United States currency and obligations' are substituted for 'bonds, securities, notes, fractional or postal currency of the United States' for consistency in the revised title. The words 'shall be placed upon any of the plates for bonds, securities, notes, and silver certificates of the United States' in 31:414 are omitted as unnecessary because of the restatement. In subsection (c), before clause (1), the words 'subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended' in 31:418 are omitted as unnecessary. The words 'On and after August 11, 1951' in 31:418a are omitted as executed. The words 'received after advertisement' are omitted as unnecessary because of 41:252. The words 'the Secretary decides' are added for clarity. In clause (1), the words 'as may be necessary' in 31:419 are omitted as surplus. In clause (2), the word 'pay' is substituted for 'compensation' for consistency in the revised subsection and with other titles of the United States Code. PROHIBITION ON USE OF FUNDS FOR MANUFACTURE OF DISTINCTIVE PAPER FOR CURRENCY AND SECURITIES BY FOREIGN OWNED CORPORATIONS OR OUTSIDE UNITED STATES; EXCEPTION Pub. L. 100-440, title VI, Sec. 617(a), Sept. 22, 1988, 102 Stat. 1755, provided that: 'None of the funds made available by this or any other Act with respect to any fiscal year may be used to make a contract for the manufacture of distinctive paper for United States currency and securities pursuant to section 5114 of title 31, United States Code, with any corporation or other entity owned or controlled by persons not citizens of the United States, or for the manufacture of such distinctive paper outside of the United States or its possessions. This subsection shall not apply if the Secretary of the Treasury determines that no domestic manufacturer of distinctive paper for United States currency or securities exists with which to make a contract and if the Secretary of the Treasury publishes in the Federal Register a written finding stating the basis for the determination.' Similar provisions were contained in the following prior appropriation act: Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 622(a)), Dec. 22, 1987, 101 Stat. 1329-390, 1329-428. ------DocID 39463 Document 363 of 536------ -CITE- 31 USC Sec. 5115 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5115. United States currency notes -STATUTE- (a) The Secretary of the Treasury may issue United States currency notes. The notes - (1) are payable to bearer; and (2) shall be in a form and in denominations of at least one dollar that the Secretary prescribes. (b) The amount of United States currency notes outstanding and in circulation - (1) may not be more than $300,000,000; and (2) may not be held or used for a reserve. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 983.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5115(a) 31:401. R.S. Sec. 3571. 5115(b) 31:402. June 20, 1874, ch. 343, Sec. 6, 18 Stat. 124; Jan. 14, 1875, ch. 15, Sec. 3, 18 Stat. 296. ------------------------------- In the section, the words 'United States currency notes' are substituted for 'United States notes' for clarity and consistency in the revised title. In subsection (a), the first sentence is added for clarity and because of the restatement. The words 'shall not bear interest' are omitted because of the source provisions restated in section 5118 of the revised title. In subsection (b), before clause (1), the words 'in circulation' are substituted for 'to be used as a part of the circulation medium' to eliminate unnecessary words. In clause (1), the words 'the sum of' are omitted as surplus. The words 'which said sum shall appear in each monthly statement of the public debt' are omitted because of the source provisions restated in section 5118 of the revised title. In clause (2), the words 'and no part thereof shall' are omitted because of the restatement. The text of section 3(less 2d sentence) of the Act of January 14, 1875 (ch. 15, 18 Stat. 296), is omitted as executed. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5119 of this title. ------DocID 39464 Document 364 of 536------ -CITE- 31 USC Sec. 5116 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5116. Buying and selling gold and silver -STATUTE- (a)(1) With the approval of the President, the Secretary of the Treasury may - (A) buy and sell gold in the way, in amounts, at rates, and on conditions the Secretary considers most advantageous to the public interest; and (B) buy the gold with any direct obligations of the United States Government or United States coins and currency authorized by law, or with amounts in the Treasury not otherwise appropriated. (2) Amounts received from the purchase of gold are an asset of the general fund of the Treasury. Amounts received from the sale of gold shall be deposited by the Secretary in the general fund of the Treasury and shall be used for the sole purpose of reducing the national debt. (3) The Secretary shall acquire gold for the coins issued under section 5112(i) of this title by purchase of gold mined from natural deposits in the United States, or in a territory or possession of the United States, within one year after the month in which the ore from which it is derived was mined. The Secretary shall pay not more than the average world price for the gold. In the absence of available supplies of such gold at the average world price, the Secretary may use gold from reserves held by the United States to mint the coins issued under section 5112(i) of this title. The Secretary shall issue such regulations as may be necessary to carry out this paragraph. (b)(1) The Secretary may buy silver mined from natural deposits in the United States, or in a territory or possession of the United States, that is brought to a United States mint or assay office within one year after the month in which the ore from which it is derived was mined. The Secretary may use the coinage metal fund under section 5111(b) of this title to buy silver under this subsection. (2) The Secretary may sell or use Government silver to mint coins, except silver transferred to stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). The Secretary shall obtain the silver for the coins authorized under section 5112(e) of this title by purchase from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). The Secretary shall sell silver under conditions the Secretary considers appropriate for at least $1.292929292 a fine troy ounce. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 984; Pub. L. 99-61, title II, Sec. 203, July 9, 1985, 99 Stat. 116; Pub. L. 99-185, Sec. 2(c), Dec. 17, 1985, 99 Stat. 1178; Pub. L. 100-274, Sec. 5, Mar. 31, 1988, 102 Stat. 50.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5116(a) 31:733(words after R.S. Sec. 3699(words semicolon). after semicolon); restated Jan. 30, 1934, ch. 6, Sec. 9, 48 Stat. 341. 31:734. R.S. Sec. 3700; restated Jan. 30, 1934, ch. 6, Sec. 8, 48 Stat. 341. 5116(b)(1) 31:335. R.S. Sec. 3526; restated May 10, 1950, ch. 173, 64 Stat. 157; July 9, 1956, ch. 535, Sec. 2, 70 Stat. 518; July 23, 1965, Pub. L. 89-81, Sec. 205, 79 Stat. 256. 31:394. July 23, 1965, Pub. L. 89-81, Sec. 104, 79 Stat. 255. 5116(b)(2) 31:405a-1. June 4, 1963, Pub. L. 88-36, Sec. 2, 77 Stat. 54; July 23, 1965, Pub. L. 89-81, Sec. 209, 79 Stat. 257; restated June 24, 1967, Pub. L. 90-29, Sec. 3, 81 Stat. 77. ------------------------------- In subsection (a)(1), the words 'With the approval of the President' are applied to 31:733(words after semicolon) because of 31:822b. The words 'at home or abroad' in 31:733(words after semicolon) and 734 are omitted as surplus. The words 'terms and' are omitted as included in 'conditions'. The text of 31:733(proviso) is omitted as superseded by the Bretton Woods Agreement Act (22 U.S.C. 286 et seq.) and sections 6 and 9 of the Act of October 19, 1976 (Pub. L. 94-564, 90 Stat. 2661), repealing 31:449 that provided for parity of the dollar on terms of gold and special drawing rights. The text of 31:734(1st sentence words after semicolon) is omitted as surplus. In subsection (b)(1), the words 'coinage metal fund' are substituted for 'bullion fund' in 31:335 as being more precise and because of section 5111 of the revised title. The words 'after July 23, 1965' in 31:394 are omitted as executed. The words 'to procure bullion for coinage' and 31:335(2d-last sentences) are omitted as obsolete because the Secretary of the Treasury has authority to mint coins containing silver only under section 5112(e) of the revised title and the Secretary holds sufficient silver to mint those coins. See Sen. Rept. No. 91-1084 (1970). In subsection (b)(2), the word 'terms' is omitted as being included in 'conditions'. The words 'for at least' are substituted for 'at a price not less than the monetary value of' to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (b)(2), is act June 7, 1939, ch. 190, as revised generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (Sec. 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables. -MISC2- AMENDMENTS 1988 - Subsec. (a)(2). Pub. L. 100-274 amended last sentence generally, substituting 'shall be deposited by the Secretary in the general fund of the Treasury and shall be used for the sole purpose of reducing the national debt' for 'shall be deposited in the general fund of the Treasury'. 1985 - Subsec. (a)(3). Pub. L. 99-185 added par. (3). Subsec. (b)(1). Pub. L. 99-61, Sec. 203(1), (2), substituted 'The Secretary may buy silver' for 'The Secretary shall buy silver', and struck out provision directing that the Secretary pay $1.25 a fine troy ounce for silver. Subsec. (b)(2). Pub. L. 99-61, Sec. 203(3), inserted provision directing that the Secretary obtain the silver for the coins authorized under section 5112(e) of this title by purchase from stockpiles established under the Strategic and Critical Materials Stock Piling Act. EFFECTIVE DATE OF 1985 AMENDMENTS Amendment by Pub. L. 99-185 effective Oct. 1, 1985, except that no coins may be issued or sold under section 5112(i) of this title before Oct. 1, 1986, see section 3 of Pub. L. 99-185, set out as a note under section 5112 of this title. Amendment by Pub. L. 99-61 effective Oct. 1, 1985, with exception as to issuance or sale of coins under section 5112(e) of this title, see section 205 of Pub. L. 99-61, set out as a note under section 5112 of this title. ------DocID 39465 Document 365 of 536------ -CITE- 31 USC Sec. 5117 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5117. Transferring gold and gold certificates -STATUTE- (a) All right, title, and interest, and every claim of the Board of Governors of the Federal Reserve System, a Federal reserve bank, and a Federal reserve agent, in and to gold is transferred to and vests in the United States Government to be held in the Treasury. Payment for the transferred gold is made by crediting equivalent amounts in dollars in accounts established in the Treasury under the 15th paragraph of section 16 of the Federal Reserve Act (12 U.S.C. 467). Gold not in the possession of the Government shall be held in custody for the Government and delivered on the order of the Secretary of the Treasury. The Board of Governors, Federal reserve banks, and Federal reserve agents shall give instructions and take action necessary to ensure that the gold is so held and delivered. (b) The Secretary shall issue gold certificates against gold transferred under subsection (a) of this section. The Secretary may issue gold certificates against other gold held in the Treasury. The Secretary may prescribe the form and denominations of the certificates. The amount of outstanding certificates may be not more than the value (for the purpose of issuing those certificates, of 42 and two-ninths dollars a fine troy ounce) of the gold held against gold certificates. The Secretary shall hold gold in the Treasury equal to the required dollar amount as security for gold certificates issued after January 29, 1934. (c) With the approval of the President, the Secretary may prescribe regulations the Secretary considers necessary to carry out this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 984.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5117(a) 31:441(1st, last Jan. 30, 1934, ch. sentences). 6, Sec. 2(a), 11, 48 Stat. 337, 342. 5117(b) 31:405b. Jan. 30, 1934, ch. 6, Sec. 14(c), 48 Stat. 344; Mar. 18, 1968, Pub. L. 90- 269, Sec. 12, 82 Stat. 51; restated Oct. 19, 1976, Pub. L. 94-564, Sec. 8, 90 Stat. 2661. 31:408a(last Jan. 30, 1934, ch. proviso). 6, Sec. 6(last proviso), 48 Stat. 340; Mar. 18, 1968, Pub. L. 90-269, Sec. 8, 82 Stat. 50. 31:441(2d sentence). 5117(c) 31:822b. ------------------------------- In subsection (a), the words 'On January 30, 1934' are omitted as executed. The word 'gold' is substituted for 'gold coin and gold bullion' for consistency and to omit unnecessary words. The word 'transferred' is substituted for 'pass' for consistency in the subsection. The words 'to be held in the Treasury' are added for consistency with the source provisions restated in subsection (b) of the revised section. In subsection (b), the first sentence is substituted for 31:441(2d sentence) for consistency. The word 'issued' in 31:405b is omitted as being included in 'outstanding'. The words 'of 42 and two-ninths dollars a fine troy ounce)' are substituted for 'at the legal standard provided in section 449 of this title on October 19, 1976' because that was the legal standard in that section on that date. The text of 31:449 was repealed by section 6 of the Bretton Woods Agreements Act. The words 'The Secretary shall hold . . . in the Treasury . . . as security' are substituted for 'security . . . shall be maintained' in 31:408a(last proviso) because of the source provisions restated in section 321 of the revised title. The words 'gold certificates issued after January 29, 1934' are substituted for 'gold certificates (including the gold certificates held in the Treasury for credits payable therein)' for clarity and because of section 5118(c)(1)(A) of the revised title. In subsection (c), the word 'regulations' is substituted for 'rules and regulations', and the word 'necessary' is substituted for 'necessary or proper', to eliminate unnecessary words. ------DocID 39466 Document 366 of 536------ -CITE- 31 USC Sec. 5118 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5118. Gold clauses and consent to sue -STATUTE- (a) In this section - (1) 'gold clause' means a provision in or related to an obligation alleging to give the obligee a right to require payment in - (A) gold; (B) a particular United States coin or currency; or (C) United States money measured in gold or a particular United States coin or currency. (2) 'public debt obligation' means a domestic obligation issued or guaranteed by the United States Government to repay money or interest. (b) The United States Government may not pay out any gold coin. A person lawfully holding United States coins and currency may present the coins and currency to the Secretary of the Treasury for exchange (dollar for dollar) for other United States coins and currency (other than gold and silver coins) that may be lawfully held. The Secretary shall make the exchange under regulations prescribed by the Secretary. (c)(1) The Government withdraws its consent given to anyone to assert against the Government, its agencies, or its officers, employees, or agents, a claim - (A) on a gold clause public debt obligation or interest on the obligation; (B) for United States coins or currency; or (C) arising out of the surrender, requisition, seizure, or acquisition of United States coins or currency, gold, or silver involving the effect or validity of a change in the metallic content of the dollar or in a regulation about the value of money. (2) Paragraph (1) of this subsection does not apply to a proceeding in which no claim is made for payment or credit in an amount greater than the face or nominal value in dollars of public debt obligations or United States coins or currency involved in the proceeding. (3) Except when consent is not withdrawn under this subsection, an amount appropriated for payment on public debt obligations and for United States coins and currency may be expended only dollar for dollar. (d)(1) In this subsection, 'obligation' means any obligation (except United States currency) payable in United States money. (2) An obligation issued containing a gold clause or governed by a gold clause is discharged on payment (dollar for dollar) in United States coin or currency that is legal tender at the time of payment. This paragraph does not apply to an obligation issued after October 27, 1977. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 985; Pub. L. 99-185, Sec. 2(d), Dec. 17, 1985, 99 Stat. 1178.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5118(a) 31:773d. Aug. 27, 1935, ch. 780, 49 Stat. 938. 5118(b) 31:315b. Jan. 30, 1934, ch. 6, Sec. 5, 48 Stat. 340. 31:773a. 5118(c)(1), (2) 31:773b. 5118(c)(3) 31:773c. 5118(d) 31:463. June 5, 1933, ch. 48, Sec. 1, 48 Stat. 113. 31:463(note). Oct. 28, 1977, Pub. L. 95-147, Sec. 4(c), 91 Stat. 1229. ------------------------------- In subsection (a), before clause (1), the words 'the phrase' are omitted as surplus. In clause (1), the words 'declared to be against public policy by section 463 of this title' are omitted as surplus. Clause (2) is substituted for 31:773d(words after semicolon) for consistency in the revised title and to eliminate unnecessary words. In subsection (b), the words 'after January 30, 1934' in 31:315b are omitted as executed. The words 'that may be lawfully held' are substituted for 'which may be lawfully acquired and are legal tender for public and private debts' in 31:773a for consistency in the subsection and to eliminate unnecessary words. The words 'and that the owners of the gold clause securities of the United States shall be, at their election, entitled to receive immediate payment of the stated dollar amount thereof with interest to the date of payment or to prior maturity or to prior redemption date, whichever is earlier' in section 1 of the Act of August 27, 1935 (ch. 780, 49 Stat. 938), are omitted as expired. The words 'make the exchange' are substituted for 'make such exchanges and payments upon presentation hereunder' to eliminate unnecessary words. The words 'No gold shall after January 30, 1934, be coined' in 31:315b are omitted because of section 5112 of the revised title. The text of 31:315b(proviso) is omitted as unnecessary because of the restatement. The text of 31:315b(last sentence) is omitted as executed. In subsection (c)(1), before clause (A), the word 'Government' is substituted for 'United States' for consistency in the revised title and with other titles of the United States Code. The words 'to anyone' are added for clarity. The words 'whether by way of suit, counterclaim, set-off, recoupment, or other affirmative action or defense in its own name or in the name of' are omitted as surplus. The word 'employees' is added for consistency in the revised title and with other titles of the Code. The word 'instrumentalities' is omitted as unnecessary because of section 101 of the revised title. The word 'claim' is substituted for 'right, privilege, or power' to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code. The words 'in any proceeding of any nature whatsoever' are omitted as surplus. In clause (C), the words 'or demand' are omitted as surplus. In subsection (c)(2), the words 'any suit commenced prior to August 27, 1935, or which may be commenced by January 1, 1936' are omitted as executed. The words 'referred to in this section' are omitted as surplus. In subsection (c)(3), the words 'may be expended' are substituted for 'an amount appropriated or authorized to be expended' and 'shall be available for or expended in', and the words 'dollar for dollar' are substituted for 'on an equal and uniform dollar for dollar basis', to eliminate unnecessary words. In subsection (d)(1), the words 'including every obligation of and to the United States' are omitted as surplus. The text of 31:463(b)(words after semicolon) is omitted as unnecessary because of the restatement. AMENDMENTS 1985 - Subsec.(b). Pub. L. 99-185 struck out 'or deliver' after 'pay out' and inserted '(other than gold and silver coins)' before 'that may be lawfully held'. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-185 effective Oct. 1, 1985, except that no coins may be issued or sold under section 5112(i) of this title before Oct. 1, 1986, see section 3 of Pub. L. 99-185, set out as a note under section 5112 of this title. ------DocID 39467 Document 367 of 536------ -CITE- 31 USC Sec. 5119 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5119. Redemption and cancellation of currency -STATUTE- (a) Except to the extent authorized in regulations the Secretary of the Treasury prescribes with the approval of the President, the Secretary may not redeem United States currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) in gold. However, the Secretary shall redeem gold certificates owned by the Federal reserve banks at times and in amounts the Secretary decides are necessary to maintain the equal purchasing power of each kind of United States currency. When redemption in gold is authorized, the redemption may be made only in gold bullion bearing the stamp of a United States mint or assay office in an amount equal at the time of redemption to the currency presented for redemption. (b)(1) Except as provided in subsection (c)(1) of this section, the following are public debts bearing no interest: (A) gold certificates issued before January 30, 1934. (B) silver certificates. (C) notes issued under the Act of July 14, 1890 (ch. 708, 26 Stat. 289). (D) Federal Reserve notes for which payment was made under section 4 of the Old Series Currency Adjustment Act. (E) United States currency notes, including those issued under section 1 of the Act of February 25, 1862 (ch. 33, 12 Stat. 345), the Act of July 11, 1862 (ch. 142, 12 Stat. 532), the resolution of January 17, 1863 (P.R. 9; 12 Stat. 822), section 2 of the Act of March 3, 1863 (ch. 73, 12 Stat. 710), or section 5115 of this title. (2) The Secretary shall redeem from the general fund of the Treasury and cancel and destroy currency referred to in paragraph (1) of this subsection when the currency is presented to the Secretary. (c)(1) The Secretary may determine the amount of the following United States currency that will not be presented for redemption because the currency has been destroyed or irretrievably lost: (A) circulating notes of Federal reserve banks and national banks issued before July 1, 1929, for which the United States Government has assumed liability. (B) outstanding currency referred to in subsection (b)(1) of this section. (2) When the Secretary makes a determination under this subsection, the Secretary shall reduce the amount of that currency outstanding by the amount the Secretary determines will not be redeemed and credit the appropriate receipt account. (d) To provide a historical collection of United States currency, the Secretary may withhold from cancellation and destruction and transfer to a special account one piece of each design, issue, or series of each denomination of each kind of currency (including circulating notes of Federal reserve banks and national banks) after redemption. The Secretary may make appropriate entries in Treasury accounts because of the transfers. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 985.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5119(a) 31:408a(less last Jan. 30, 1934, ch. proviso). 6, Sec. 6(less last proviso), 11, 15(1st sentence words between 2d and 3d semicolons), 48 Stat. 340, 342, 344. 31:444(1st sentence words between 2d and 3d semicolons). 31:822b. 5119(b)(1) 31:405a-3. June 24, 1967, Pub. L. 90-29, Sec. 1, 2, 81 Stat. 77. 31:911. June 30, 1961, Pub. L. 87-66, Sec. 2, 5, 6, 9, 10, 75 Stat. 146, 147. 31:915(a), (b). 5119(b)(2) 31:404. May 31, 1878, ch. 146, 20 Stat. 87; June 30, 1961, Pub. L. 87-66, Sec. 7, 75 Stat. 147. 31:420. R.S. Sec. 3580. 31:914. 31:916. 5119(c)(1) 31:915(c)(words before last comma). 5119(c)(2) 31:405a-2. 31:915(c)(words after last comma). 5119(d) 31:917. ------------------------------- In subsection (a), the words 'Secretary may not redeem' are substituted for 'no . . . shall be redeemed' in 31:408a(less last proviso) because of the source provisions restated in section 321 of the revised title. The words 'United States currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks)' are substituted for 'currency of the United States' and the text of 31:444(1st sentence words between 2d and 3d semicolons) for consistency with section 5103 of this title and to eliminate unnecessary words. In subsection (b)(1), before clause (A), the words 'upon completion of the transfers and credits authorized and directed by section 912 of this title' in 31:915 and 'and the amount of the payment credited as a public debt receipt in accordance with such section' are omitted as executed. In clause (B), the text of 31:405a-3(last sentence) and 31:915(a)(4) is consolidated. The text of 31:405a-3(1st sentence) is omitted as executed. In clauses (C) and (E), the citations in parentheses are included only for information purposes. In subsection (b)(2), the words 'cancel and destroy' are substituted for 'retired' in 31:914 for consistency in the revised section. The words 'paragraph (1) of this subsection' are substituted for 'Any currency the funds for the redemption or security of which have been transferred pursuant to the provisions of section 912 of this title, and any Federal Reserve notes as to which payment has been made under section 913 of this title' because of the restatement. The words 'presented to the Secretary' are substituted for 'presentation at the Treasury' because of the source provisions restated in section 321(c) of the revised title. The text of 31:916 is omitted as unnecessary because of the restatement. The text of 31:404 and 31:420 is omitted as superseded by the source provisions restated in this subsection and subsection (c). The words 'All acts and parts of acts in conflict herewith are hereby repealed' in the Act of May 31, 1878 (ch. 146, 20 Stat. 87), are omitted as executed. In subsection (c)(2), the words 'When the Secretary makes a determination under this subsection' are added because of the restatement. The words 'on the books of the Treasury' are omitted as surplus. The text of 31:405(e)(2)(1st sentence) is omitted as superseded by the source provisions restated in subsection (b). In subsection (d), the word 'paper' is omitted as surplus. The words '(including circulating notes of Federal Reserve banks and national banks)' are substituted for 'including bank notes' for consistency in the section. The words 'heretofore or hereafter issued' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT Act of July 14, 1890, ch. 708, 26 Stat. 289, referred to in subsec. (b)(1)(C), which was known as the Sherman Purchase of Silver Act of July 14, 1890, was classified to sections 408, 410, 412, and 453 of former Title 31, and sections 122 and 145 of Title 12, Banks and Banking, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1069. Section 4 of the Old Series Currency Adjustment Act, referred to in subsec. (b)(1)(D), is section 4 of Pub. L. 87-66, June 30, 1961, 75 Stat. 146, which was classified to section 913 of former Title 31, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1079. Acts February 25, 1862, July 11, 1862, and March 3, 1863, and resolution January 17, 1863, referred to in subsec. (b)(1)(E), are acts Feb. 25, 1862, ch. 33, 12 Stat. 345, July 11, 1862, ch. 142, 12 Stat. 532, and Mar. 3, 1863, ch. 73, 12 Stat. 709, and resolution Jan. 17, 1863, 12 Stat. 822, respectively, which are not classified to the Code. ------DocID 39468 Document 368 of 536------ -CITE- 31 USC Sec. 5120 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5120. Obsolete, mutilated, and worn coins and currency -STATUTE- (a)(1) The Secretary of the Treasury shall melt obsolete and worn United States coins withdrawn from circulation. The Secretary may use the metal from melting the coins for reminting or may sell the metal. The Secretary shall account for the following in the coinage metal fund under section 5111(b) of this title: (A) obsolete and worn coins and the metal from melting the coins. (B) proceeds from the sale of the metal. (C) losses incurred in the sale of the metal. (D) losses incurred because of the difference between the face value of the coins melted and the coins minted from the metal. (2) The Secretary shall reimburse the coinage metal fund for losses under paragraph (1)(C) and (D) of this subsection out of amounts in the coinage profit fund under section 5111(b) of this title. (b) The Secretary shall - (1) cancel and destroy (by a secure process) obsolete, mutilated, and worn United States currency withdrawn from circulation; and (2) dispose of the residue of the currency and notes. (c) The Comptroller General shall audit the cancellation and destruction of United States currency and the accounting of the cancellation and destruction. Records the Comptroller General considers necessary to make an effective audit easier shall be made available to the Comptroller General. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 986.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5120(a) 31:317c. Dec. 18, 1942, ch. 767, Sec. 3, 56 Stat. 1065; July 23, 1965, Pub. L. 89-81, Sec. 203(a), 79 Stat. 256. 5120(b) 31:421. R.S. Sec. 3581. 31:422. June 23, 1874, ch. 455, Sec. 1(3d par. under heading 'National Currency'), 18 Stat. 206. 5120(c) 31:49a. May 20, 1966, Pub. L. 89-427, Sec. 5, 80 Stat. 161. ------------------------------- In subsection (a)(1), before clause (A), the word 'obsolete' is substituted for 'uncurrent' as being more precise. The words 'withdrawn from circulation' are substituted for 'received in the Treasury' for clarity. The words 'heretofore or hereafter issued' are omitted as surplus. The words 'metal from melting the coins' are substituted for 'the resulting metal' because of the restatement. The word 'reminting' is substituted for 'coinage' for consistency in the revised title. The word 'material' is omitted as being included in 'metal'. The words 'The Secretary shall account' are substituted for 'shall be accounted for by entries' because of the source provisions restated in section 321 of the revised title. In clause (D), the word 'face' is substituted for 'nominal or face' to eliminate unnecessary words. The words 'coins minted from the metal' are substituted for 'the amount the same will produce in new coin' for clarity. In subsection (a)(2), the words 'The Secretary shall reimburse' are substituted for 'fund shall be reimbursed' because of the source provisions restated in section 321 of the revised title. The text of 31:317c(proviso) is omitted as obsolete because the statutory limit on the coinage metal fund was removed by the restatement of section 3528 of the Revised Statutes by section 206(a) of the Coinage Act of 1965 (Pub. L. 89-81, 79 Stat. 256). In subsection (b), before clause (1), the words 'The Secretary shall' are substituted for 'shall be destroyed in such manner and under such regulations as the Secretary of the Treasury may prescribe' in 31:421 because of the source provisions restated in section 321 of the revised title. In clause (1), the words 'cancel and destroy' are substituted for 'shall be destroyed' to conform to subsection (c) and section 5118(c) and (e) of the revised title. The words '(by a secure process)' are substituted for 'may be destroyed by maceration instead of burning to ashes' in 31:422 to eliminate unnecessary words and because of the source provisions restated in section 321 of the revised title. The words 'obsolete, mutilated, and worn . . . withdrawn from circulation' are substituted for 'which by law are required to be taken up, and not reissued, when taken up' in 31:421 for consistency with subsection (a) and 12:124. The words 'United States currency' are substituted for 'all other notes' in 31:421 and 'All national bank notes . . . and other obligations of the United States' for consistency in the revised title. The words 'Mutilated United States notes, when replaced according to law' are omitted as superseded by the source provisions restated in section 5119(b) of the revised title. The text of the 3d paragraph(words before the first semicolon and between the 2d and last semicolons) under the heading 'National Currency' in section 1 of the Act of June 23, 1874 (ch. 455, 18 Stat. 206), is omitted as executed. In clause (2), the words 'dispose of the residue of the currency and notes' are substituted for 'The pulp from such macerated issue shall be disposed of only under the direction of the Secretary of the Treasury' in 31:422 to eliminate unnecessary words and for consistency in the revised title. In subsection (c), the word 'currency' is substituted for 'currency . . . unfit for circulation' to eliminate unnecessary words. The words 'regardless of who is responsible for, and regardless of who performs, such cancellation, destruction, or accounting' are omitted as unnecessary because of the restatement. The word 'record' is substituted for 'books, documents, papers, and records', and the words 'make . . . easier' are substituted for 'facilitate', for consistency in the revised title and with other titles of the United States Code. ------DocID 39469 Document 369 of 536------ -CITE- 31 USC Sec. 5121 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5121. Refining, assaying, and valuation of bullion -STATUTE- (a) The Secretary of the Treasury shall - (1) melt and refine bullion; (2) as required, assay coins, metal, and bullion; (3) cast gold and silver bullion deposits into bars; and (4) cast alloys into bars for minting coins. (b) A person owning gold or silver bullion may deposit the bullion with the Secretary to be cast into fine, standard fineness, or unrefined bars weighing at least 5 troy ounces. When practicable, the Secretary shall weigh the bullion in front of the depositor. The Secretary shall give the depositor a receipt for the bullion stating the description and weight of the bullion. When the Secretary has to melt the bullion or remove base metals before the value of the bullion can be determined, the weight is the weight after the melting or removal of the metals. The Secretary may refuse a deposit of gold bullion if the deposit is less than $100 in value or the bullion is so base that it is unsuitable for the operations of the Bureau of the Mint. (c) When the gold and silver are combined in bullion that is deposited and either the gold or silver is so little that it cannot be separated economically, the Secretary may not pay the depositor for the gold or silver that cannot be separated. (d)(1) Under conditions prescribed by the Secretary, a person may exchange unrefined bullion for fine bars when - (A) gold and silver are combined in the bullion in proportions that cannot be economically refined; or (B) necessary supplies of acids cannot be procured at reasonable rates. (2) The charge for refining in an exchange under this subsection may be not more than the charge imposed in an exchange of unrefined bullion for refined bullion. (e) The Secretary shall prepare bars for payment of deposits. The Secretary shall stamp each bar with a designation of the weight and fineness of the bar and a symbol the Secretary considers suitable to prevent fraudulent imitation of the bar. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 987.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5121(a) 31:274. R.S. Sec. 3508; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 31:277. R.S. Sec. 3507. 31:330. R.S. Sec. 3522. 31:343. R.S. Sec. 3530; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 31:344. R.S. Sec. 3531; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 5121(b) 31:325(words before R.S. Sec. 3518. 4th comma and after last comma). 31:327(1st sentence). R.S. Sec. 3519. 31:328(1st sentence). R.S. Sec. 3520; Mar. 3, 1887, ch. 396, Sec. 3, 24 Stat. 635. 31:329. R.S. Sec. 3521; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 5121(c) 31:327(last sentence). 31:328(last sentence). 5121(d) 31:360. R.S. Sec. 3546. 31:362. June 19, 1878, ch. 329, Sec. 1(2d sentence words after last semicolon on p. 191), 20 Stat. 191. 5121(e) 31:325(words between 4th and last commas). 31:347. R.S. Sec. 3534; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. ------------------------------- In the section, the word 'Secretary' is substituted for 'superintendent', 'superintendent of melting and refining department', 'assayer', 'Director of the Mint', and 'Director of the Mint, with the approval of the Secretary of the Treasury' because of the source provisions restated in section 321(c) of the revised title. In subsection (a), clause (1) is added to provide a complete list of the duties and powers of the Secretary and for consistency with section 5131 of the revised title. In clause (2), the words 'as required' are substituted for 'required by the operations of the Bureau of the Mint' and 'whenever required by the superintendent' in 31:277 to eliminate unnecessary words. The text of 31:330 is omitted as superseded by the source provisions restated in section 321(c) of the revised title. In clause (3), the word 'bars' is substituted for 'bars conformable in all respects to the law' in 31:274 to eliminate unnecessary words. In clause (4), the word 'alloys' is substituted for 'standard silver or gold, and alloys for minor' in 31:274, and the text of 31:343(last sentence) is omitted, because coins issued by the Secretary under this chapter are composed of alloys. The words 'minting coins' are substituted for 'coinage' for consistency in the revised chapter. The words 'suitable for the superintendent of coining department, from the metals legally delivered to him for that purpose' in 31:274 and the text of 31:274(last sentence) and 31:343(1st, 2d sentences) are omitted as superseded by the source provisions restated in section 321(c) of the revised title. The text of 31:344(last sentence) is omitted as unnecessary because of the restatement of the source provisions in sections 5112 and 5113 of the revised title. In subsections (b) and (d), the word 'unrefined' is substituted for 'unparted' for consistency in the revised chapter. In subsection (b), the words 'At the option of the owner' and 'as he may prefer' in 31:325 and 'for his benefit' in 31:327 are omitted as unnecessary because of the restatement. The words 'weighing at least' are substituted for 'and no such bars shall be issued of a less weight than' in 31:325 to eliminate unnecessary words. The word 'troy' is added for clarity. The words 'into coin' in section 3519 of the Revised Statutes are omitted because the coinage of gold was discontinued by 31:315b. The text of 31:329(last sentence) is omitted because of the source provisions restated in section 321(c) of the revised title. The words 'and no deposit of silver for other coinage shall be received' in 31:328(1st sentence) are omitted as unnecessary because of the restatement. In subsection (c), the word 'economically' is substituted for 'advantageously' in 31:327(last sentence) for consistency in the section. The text of 31:328(last sentence) is omitted as unnecessary because of the source provisions restated in section 5121(a) of the revised title. In subsection (d)(1), before clause (A), the words 'at any of the mints' in 31:360(1st sentence) are omitted as superseded by the source provisions restated in section 321(c) of the revised title. The text of 31:360(2d sentence) is omitted as unnecessary because of the source provisions restated in section 5121(a) of the revised title. In subsection (d)(2), the words 'in an exchange under this subsection' are added for clarity. The word 'refining' is substituted for 'refining or parting' for consistency in the revised chapter. In subsection (e), the word 'suitable' is substituted for 'expedient' in 31:325(words between 4th and last commas) for clarity. The words 'but the fineness thereof shall be ascertained and' in 31:347 are omitted as unnecessary because of the source provisions restated in section 5121(a) of the revised title. POSSESSION OF GOLD COINS AND BULLION The possession of gold coins and bullion was prohibited except under Government license by Ex. Ord. No. 6260, eff. Aug. 28, 1933. That prohibition was revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003, eff. Dec. 31, 1974. See notes set out under section 95a of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5122 of this title. ------DocID 39470 Document 370 of 536------ -CITE- 31 USC Sec. 5122 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER II -HEAD- Sec. 5122. Payment to depositors -STATUTE- (a) The Secretary of the Treasury shall determine the fineness, weight, and value of each deposit and bar under section 5121 of this title. The value and the amount of charges under subsection (b) of this section shall be based on the fineness and weight of the bullion. The Secretary shall give the depositor a statement of the charges and the net amount of the deposit to be paid in money or bars of the same species of bullion as that deposited. (b) The Secretary shall impose a charge equal to the average cost of material, labor, waste, and use of machinery of a United States mint or assay office for - (1) melting and refining bullion; (2) using copper as an alloy when bullion deposited is above standard; (3) separating gold and silver combined in the bullion; and (4) preparing bars. (c) The Secretary shall pay to the depositor or to a person designated by the depositor money or bars equivalent to the bullion deposited as soon as practicable after the value of the deposit is determined. If demanded, the Secretary shall pay depositors in the order in which the bullion is deposited with the Secretary. However, when there is an unavoidable delay in determining the value of a deposit, the Secretary shall pay subsequent depositors. When practicable and convenient, the Secretary shall pay depositors in the denominations requested by the depositor. After the depositor is paid, the bullion is the property of the United States Government. (d) To allow the Secretary to pay depositors with as little delay as possible, the Secretary shall keep in the mints and assay offices, when possible, money and bullion the Secretary decides are convenient and necessary. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 987.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5122(a) 31:273(last R.S. Sec. 3506(last sentence). sentence). 31:331. R.S. Sec. 3523. 31:334. R.S. Sec. 3525. 5122(b) 31:332. R.S. Sec. 3524; Jan. 14, 1875, ch. 15, Sec. 2(words before comma), 18 Stat. 296; Mar. 1, 1881, ch. 95, 21 Stat. 374; Mar. 3, 1887, ch. 396, Sec. 3, 24 Stat. 635. 5122(c) 31:357. R.S. Sec. 3544. 31:358(2d sentence). R.S. Sec. 3545; June 19, 1878, ch. 329, Sec. 1(last par. 1st sentence words before 1st semicolon under heading 'Mint at Denver, Colorado'), 20 Stat. 191. 5122(d) 31:358(1st, last sentences). ------------------------------- In subsection (a), the words 'Secretary of the Treasury' are substituted for 'he' in 31:273(last sentence) because of the source provisions restated in section 321 of the revised title. The words 'fineness, weight, and value of each deposit and bar' and 'The value and the amount of charges . . . shall be based on the fineness and weight of the bullion' are substituted for 'From the report of the assayer and the weight of the bullion' for clarity and because of the restatement. The words 'or deductions, if any' are omitted as being included in 'charges'. The word 'money' is substituted for 'in coins' for clarity. The text of 31:331 and 334 is omitted as unnecessary because of the restatement. The text of 31:273(last sentence words after 7th comma) is omitted because of the source provisions restated in section 321 of the revised title. In subsection (b), the words 'Secretary shall impose a charge' are substituted for 'shall be fixed, from time to time, by the director, with the concurrence of the Secretary of the Treasury' because of the source provisions restated in section 321(c) of the revised title. The words 'for toughening when metals are contained in it which render it unfit for coinage' are omitted as obsolete because the Secretary of the Treasury has authority to mint coins containing silver only under section 5112(e) of the revised title and the Secretary holds sufficient silver to mint those coins. See Sen. Rept. No. 91-1084 (1970). In subsection (c), the words 'person designated by the depositor' are substituted for 'his order' for clarity. The words 'an unavoidable delay in determining the value of a deposit' are substituted for 'delay in manipulating a refractory deposit, or for any other unavoidable cause' in 31:357 for clarity. In subsection (d), the words 'the Secretary to pay depositors' are substituted for 'the several mints and assay offices of the United States to make returns to depositors' because of the source provisions restated in section 321(c) of the revised title. The words 'when the state of the Treasury will admit thereof' are omitted as surplus. The words 'under such rules and regulations as may be prescribed by the said Secretary' are omitted as unnecessary because of section 321(b) of the revised title. The text of 31:358(last sentence) is omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5132 of this title. ------DocID 39471 Document 371 of 536------ -CITE- 31 USC SUBCHAPTER III -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER III -HEAD- SUBCHAPTER III - BUREAU OF THE MINT ------DocID 39472 Document 372 of 536------ -CITE- 31 USC Sec. 5131 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER III -HEAD- Sec. 5131. Organization -STATUTE- (a) The Bureau of the Mint has - (1) a United States mint at Philadelphia, Pennsylvania. (2) a United States mint at Denver, Colorado. (3) a United States mint at West Point, New York. (4) a United States mint at San Francisco, California. (b) The Secretary of the Treasury shall carry out duties and powers related to refining and assaying bullion, minting coins, striking medals, and numismatic items at the mints. However, until the Secretary decides that the mints are adequate for minting and striking an ample supply of coins and medals, the Secretary may use any facility of the Bureau to mint coins and strike medals and to store coins and medals. (c) Each mint has a superintendent and an assayer appointed by the President, by and with the advice and consent of the Senate. The mint at Philadelphia has an engraver appointed by the President, by and with the advice and consent of the Senate. (d) Laws on mints, officers and employees of mints, and punishment of offenses related to mints and minting coins apply to assay offices, as applicable. (e) The Secretary shall operate, maintain, and have custody of, the mint at Philadelphia. However, the Administrator of General Services shall make repairs and improvements to the mint. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 988; Pub. L. 100-274, Sec. 2(a)-(c)(2), Mar. 31, 1988, 102 Stat. 48.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5131(a) 31:251(1st sentence R.S. Sec. 343(1st words after 1st sentence words comma). after 1st comma). 31:261. R.S. Sec. 3495; restated July 11, 1962, Pub. L. 87- 534, Sec. 1, 76 Stat. 155. 5131(b) 31:278. R.S. Sec. 3553. 31:283(1st sentence). R.S. Sec. 3558(1st sentence); July 11, 1962, Pub. L. 87- 534, Sec. 2, 76 Stat. 155; restated July 23, 1965, Pub. L. 89-81, Sec. 201, 79 Stat. 256. 31:324f. Oct. 18, 1973, Pub. L. 93-127, Sec. 3, 87 Stat. 456. 31:361(1st sentence June 19, 1878, ch. words before 1st 329, Sec. 1(1st comma). sentence on p. 191), 20 Stat. 191. July 7, 1898, ch. 571(7th par. 1st sentence words before 1st comma under heading 'Mints and Assay Offices'), 30 Stat. 661. 5131(c) 31:263. R.S. Sec. 3496; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 31:279. R.S. Sec. 3554; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 31:281. R.S. Sec. 3555; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384; June 6, 1972, Pub. L. 92-310, Sec. 231(g), 86 Stat. 210. 5131(d) 31:287. R.S. Sec. 3562. 5131(e) 31:292. Aug. 20, 1963, Pub. L. 88-102, Sec. 2, 77 Stat. 129. ------------------------------- In subsection (a), the words 'The Bureau of the Mint has' are substituted for 'embracing in its organization and under its control all mints . . . and all assay offices' in 31:251(1st sentence words after 1st comma) because of the restatement and to eliminate unnecessary words. The words 'for the manufacture of coin . . . for the stamping of bars, which have been, or which may be, authorized by law' are omitted as superseded by the source provisions restated in subsection (b). In subsection (b), the words 'The Secretary of the Treasury shall carry out duties and powers' are added because of the source provisions restated in section 321 of the revised title. The words 'related to refining and assaying bullion, minting coins, striking medals, and numismatic items at the mints and assay offices' are substituted for 31:278(1st sentence words before comma), 283(1st-26th words), and 361(1st sentence words before 1st comma) to eliminate unnecessary words and for consistency with the source provisions restated in sections 5111(a)(1)-(3) and 5120(a) of the revised title. The words 'and not coin' in 31:278 are omitted as unnecessary because of the restatement. The words 'and no metals shall be purchased for minor coinage' are omitted as superseded by section 5111(b) of the revised title. The text of 31:278(2d, last sentences) is omitted as obsolete because the Secretary of the Treasury has authority to mint coins containing silver only under section 5112(e) of the revised title and the Secretary holds sufficient silver to mint those coins. See Sen. Rept. No. 91-1084 (1970). The words 'except that until the Secretary of the Treasury determines that the mints of the United States are adequate for the production of ample supplies of coins, its facilities may be used for the production of coins' in 31:283(1st sentence) are omitted as superseded by the source provisions restated in the subsection. The words 'striking' and 'strike' are added for consistency with section 5111 of the revised title. In subsection (c), the text of 31:281(words before semicolon) is omitted as superseded by the source provisions restated in section 321 of the revised title, and 31:281(words after semicolon) is omitted as superseded by the source provisions restated in subsection (d) and by 5:ch. 35, subch. II. In subsection (e), the words 'the mint at Philadelphia' are substituted for 'any building constructed pursuant to this subchapter' because that is the building that was constructed under the subchapter. AMENDMENTS 1988 - Subsec. (a)(3). Pub. L. 100-274, Sec. 2(b), substituted 'mint at West Point, New York' for 'assay office at New York, New York'. Subsec. (a)(4). Pub. L. 100-274, Sec. 2(a), substituted 'mint' for 'assay office'. Subsec. (b). Pub. L. 100-274, Sec. 2(c)(1), struck out 'and assay offices, except that only bars may be made at the assay offices' before period at end of first sentence. Subsec. (c). Pub. L. 100-274, Sec. 2(c)(2), substituted 'Each mint has' for 'Each mint and the assay office at New York have'. ------DocID 39473 Document 373 of 536------ -CITE- 31 USC Sec. 5132 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER III -HEAD- Sec. 5132. Administrative -STATUTE- (a)(1) Except as provided in this chapter, the Secretary of the Treasury shall deposit in the Treasury as miscellaneous receipts amounts the Secretary receives from the operations of the Bureau of the Mint. However, amounts from numismatic items shall be reimbursed to the current appropriation used to pay the cost of preparing and selling the items. The Secretary shall annually sell to the public, directly and by mail, sets of uncirculated and proof coins minted under paragraphs (1) through (6) of section 5112(a) of this title, and shall solicit such sales through the use of the customer list of the Bureau of the Mint. The Secretary may not use amounts the Secretary receives from profits on minting coins or from charges on gold or silver bullion under section 5122 of this title to pay officers and employees. (2)(A) In addition to the coins described in paragraph (1), the Secretary shall sell annually to the public directly and by mail, sets of proof coins minted under paragraphs (1) through (6) of section 5112(a). (B) Notwithstanding any other provision of law, for purposes of this paragraph - (i) the coins described in paragraphs (1) through (4) of section 5112(a) shall be made of an alloy of 90 percent silver and 10 percent copper; and (ii) all coins minted under this paragraph shall have a mint mark indicating the place of manufacture. (C) All coins minted under this paragraph shall be considered to be - (i) numismatic items for purposes of paragraph (1) and section 5111(a)(3); and (ii) legal tender, as provided in section 5103. (D) The Secretary shall obtain silver for coins minted under this paragraph by purchase from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). At such time as the silver stockpile is depleted, the Secretary shall obtain silver for such coins by purchase of silver mined from natural deposits in the United States or in a territory or possession of the United States not more than 1 year following the month in which the ore from which it is derived was mined. The Secretary shall pay not more than the average world price for such silver. The Secretary may issue such regulations as may be necessary to carry out this subparagraph. (3) Not more than $46,511,000 may be appropriated to the Secretary for the fiscal year ending on September 30, 1988, to pay costs of the mints. Not more than $965,000 of amounts appropriated pursuant to the preceding sentence shall remain available until expended for research and development. (4) Of amounts appropriated pursuant to paragraph (3), not more than $75,000 may be expended for the purpose of hosting the International Mint Directors' Conference in the United States in 1988, including reception, representation, and transportation expenses. (5) Notwithstanding sections 3302 and 9701 of this title, the Director of the Mint may - (A) collect from participants at the International Mint Directors' Conference reasonable amounts imposed as fees and other assessments in connection with such conference; (B) hold and administer the amounts referred to in subparagraph (A); and (C) spend on behalf of the United States the amounts referred to in subparagraph (A) to pay expenses incurred in connection with such conference, including reception, representation, and transportation expenses. (b) To the extent the Secretary decides is necessary, the Secretary may use amounts received from depositors for refining bullion and the proceeds from the sale of byproducts (including spent acids from surplus bullion recovered in refining processes) to pay the costs of refining the bullion (including labor, material, waste, and loss on the sale of sweeps). The Secretary may not use amounts appropriated for the mints to pay those costs. (c) The Secretary shall make an annual report at the end of each fiscal year on the operation of the Bureau. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 988; Pub. L. 97-452, Sec. 1(21), Jan. 12, 1983, 96 Stat. 2477; Pub. L. 98-151, Sec. 123, Nov. 14, 1983, 97 Stat. 979; Pub. L. 98-216, Sec. 1(7), Feb. 14, 1984, 98 Stat. 4; Pub. L. 99-61, title II, Sec. 204, July 9, 1985, 99 Stat. 116; Pub. L. 99-185, Sec. 2(e), Dec. 17, 1985, 99 Stat. 1178; Pub. L. 100-274, Sec. 1, 2(c)(3), Mar. 31, 1988, 102 Stat. 48; Pub. L. 101-585, Sec. 2, Nov. 15, 1990, 104 Stat. 2874.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5132(a) 31:273(1st, 2d R.S. Sec. 3506(1st, sentences). 2d sentences). 31:369. R.S. Sec. 3552; restated May 10, 1950, ch. 172, 64 Stat. 157; Sept. 5, 1962, Pub. L. 87- 643, Sec. 2, 76 Stat. 440; Aug. 13, 1981, Pub. L. 97- 35, Sec. 382(b)(1), 95 Stat. 432. 5132(b) 31:361(1st sentence June 19, 1878, ch. words after 1st 329, Sec. 1(2d comma, last sentence words sentence). before last semicolon on p. 191), 20 Stat. 191. July 7, 1898, ch. 571(7th par. 1st sentence words after 1st comma, last sentence under heading 'Mints and Assay Offices'), 30 Stat. 661. 5132(c) 31:253. R.S. Sec. 345. ------------------------------- In subsection (a)(1), the words 'Secretary of the Treasury shall deposit in the Treasury as miscellaneous receipts' are substituted for 'shall . . . be covered into the Treasury' in 31:369 because of the source provisions restated in section 321(c) of the revised title. The words 'amounts the Secretary receives from the operations of the Bureau of the Mint' are substituted for 'The money arising from all charges and deductions on and from gold and silver bullion and from all other sources' for clarity and to eliminate unnecessary words. The words 'amounts from' are substituted for 'money arising from the manufacture and sale of' to eliminate unnecessary words. The words 'numismatic items' are substituted for 'medals, proof coins, and uncirculated coins' for consistency with section 5111(a)(3) of the revised title. The words 'minting coins' are substituted for 'silver or minor coinage' for consistency with section 5112 of the revised title. The words 'made by law' are omitted as surplus. The words 'on estimates furnished by the Secretary of the Treasury' are omitted because of section 1108 of the revised title. The text of 31:273(1st, 2d sentences) is omitted because of section 321 of the revised title and the other source provisions restated in this chapter. In subsection (a)(2), the words 'ending September 30' are added for clarity and consistency in the revised title. The words 'to pay costs' are substituted for 'for all expenditures (salaries and expenses)' for consistency in the revised title and to eliminate unnecessary words. The words 'not herein otherwise provided for' are omitted as surplus. In subsection (b), the word 'refining' is substituted for 'parting and refining' for consistency in the revised chapter. The words 'mints and assay offices' are substituted for 'coinage mints and assay office at New York' because of the source provisions restated in section 5131(b) of the revised title. The words 'pursuant to law' are omitted as surplus. In subsection (c), the text of 31:253(less 18th-38th words) is omitted as superseded by the source provisions restated in section 321(c) of the revised title. 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5132(a)(2) 31 App.:369. Sept. 8, 1982, Pub. L. 97-253, Sec. 202, 96 Stat. 790. ------------------------------- 1984 ACT This is necessary because the language was restated by section 382(h)(1) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 432) but inadvertently codified as 31:5132(a)(1) (last sentence) by section 1 of the Act of September 13, 1982 (Pub. L. 97-258, 96 Stat. 989.) -REFTEXT- REFERENCES IN TEXT The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (a)(2)(D), is act June 7, 1939, ch. 190, as revised generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (Sec. 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (a)(2) to (5). Pub. L. 101-585 added par. (2), redesignated former pars. (2) to (4) as (3) to (5), respectively, and substituted '(3)' for '(2)' in par. (4). 1988 - Subsec. (a)(2) to (4). Pub. L. 100-274, Sec. 1, added pars. (2) to (4) and struck out former par. (2) which read as follows: 'Not more than $50,165,000 may be appropriated to the Secretary for the fiscal year ending September 30, 1983, to pay costs of the mints and assay offices.' Subsec. (b). Pub. L. 100-274, Sec. 2(c)(3), struck out 'and assay offices' after 'amounts appropriated for the mints' in last sentence. 1985 - Subsec. (a)(1). Pub. L. 99-185 inserted 'paragraphs (1) through (6) of' before 'section 5112(a) of this title'. Pub. L. 99-61 inserted 'minted under section 5112(a) of this title' after 'proof coins'. 1984 - Subsec. (a)(1). Pub. L. 98-216 struck out provision requiring the Secretary to pay the costs of the mints and assay offices not provided for in this subsection out of appropriations. 1983 - Subsec. (a)(1). Pub. L. 98-151 inserted provisions relating to authority of Secretary to sell sets of uncirculated and proof coins and solicitation of such sales through the customer lists of the Bureau of the Mint. Subsec. (a)(2). Pub. L. 97-452 substituted '$50,165,000' for '$54,706,000', and '1983' for '1982'. EFFECTIVE DATE OF 1985 AMENDMENTS Amendment by Pub. L. 99-185 effective Oct. 1, 1985, except that no coins may be issued or sold under section 5112(i) of this title before Oct. 1, 1986, see section 3 of Pub. L. 99-185, set out as a note under section 5112 of this title. Amendment by Pub. L. 99-61 effective Oct. 1, 1985, with exception as to issuance or sale of coins under section 5112(e) of this title, see section 205 of Pub. L. 99-61, set out as a note under section 5112 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section 4(c) of Pub. L. 98-216, set out as a note under section 490 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5112 of this title. ------DocID 39474 Document 374 of 536------ -CITE- 31 USC Sec. 5133 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER III -HEAD- Sec. 5133. Settlement of accounts -STATUTE- (a) The Secretary of the Treasury shall - (1) charge the superintendent of each mint with the amount in weight of standard metal of bullion the superintendent receives from the Secretary; (2) credit each superintendent with the amount in weight of coins, clippings, and other bullion the superintendent returns to the Secretary; and (3) charge separately to each superintendent, who shall account for, copper to be used in the alloy of gold and silver bullion. (b) Settlement of Accounts. - (1) In general. - At least once each year, the Secretary of the Treasury shall settle the accounts of the superintendents of the mints. (2) Procedure. - At any settlement under this subsection, the superintendent shall - (A) return to the Secretary any coin, clipping, or other bullion in the possession of the superintendent; and (B) present the Secretary with a statement of bullion received and returned since the last settlement (including any bullion returned for settlement). (3) Audit. - The Secretary shall - (A) audit the accounts of each superintendent; and (B) allow each superintendent the waste of precious metals that the Secretary determines is necessary - (i) for refining and minting (within the limitations which the Secretary shall prescribe); and (ii) for casting fine gold and silver bars (within the limit prescribed for refining), except that any waste allowance under this clause may not apply to deposit operations. (c) After settlement, the Secretary shall compare the amount of gold and silver bullion and coins on hand with the total liabilities of the mints. The Secretary also shall make a statement of the ordinary expense account. (d) The Secretary shall procure for each mint a series of standard weights corresponding to the standard troy pound of the National Institute of Standards and Technology of the Department of Commerce. The series shall include a one pound weight and multiples and subdivisions of one pound from .01 grain to 25 pounds. At least once a year, the Secretary shall test the weights normally used in transactions at the mints against the standard weights. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 989; Pub. L. 100-274, Sec. 2(c)(4)-(7), (9), (10), Mar. 31, 1988, 102 Stat. 49; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5133(a) 31:354(1st sentence). R.S. Sec. 3541; Aug. 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384. 31:355(last R.S. Sec. 3542; Aug. sentence). 23, 1912, ch. 350, Sec. 1(last par. words before 7th comma under heading 'Assay Office at Salt Lake City, Utah'), 37 Stat. 384; July 23, 1965, Pub. L. 89-81, Sec. 207, 79 Stat. 257. 5133(b) 31:283(2d, last R.S. Sec. 3558(2d, sentences). last sentences); restated July 11, 1962, Pub. L. 87- 534, Sec. 2, 76 Stat. 155. 31:354(last sentence). 31:355(1st, 2d sentences). 5133(c) 31:356. R.S. Sec. 3543. 5133(d) 31:365. R.S. Sec. 3549; restated Mar. 4, 1911, ch. 268, Sec. 2, 36 Stat. 1354. ------------------------------- In the section, the word 'Secretary' is substituted for 'superintendent' and 'Director of the Mint' in 31:354, 356, 365, and the word 'Superintendent' is substituted for 'superintendent of coining department' in 31:354 and 355 and 'superintendent of melting and refining', because of the source provisions restated in section 321(c) of the revised title. In subsection (a), the words 'superintendent of each mint and the assay office at New York and the officer in charge of the assay office at San Francisco' are added because of the source provisions restated in section 5131(b) and (c) of the revised title. In subsection (b), before clause (1), the words 'shall settle' are substituted for 'and at such time as the . . . shall appoint, there shall be an accurate and full settlement' in 31:354(last sentence) to eliminate unnecessary words. In clause (1), the words 'The Secretary shall audit' are substituted for 'When all the coins, clippings, and other bullion have been delivered to the superintendent, it shall be his duty to examine' in 31:355(1st, 2d sentences) to eliminate unnecessary words. In clause (2), the words 'the waste of precious metals . . . decides is necessary for refining and minting' are substituted for 'The difference between the amount charged and credited to each officer . . . as necessary wastage, if . . . shall be satisfied that there has been a bona fide waste of the precious metals' for consistency in the subsection and to eliminate unnecessary words. In clause (3), the words 'limitations prescribed for refining' are substituted for 'that provided for the melter and refiner' in 31:283(2d, last sentences) for consistency in the subsection. The word 'bona fide' is omitted as being included in 'necessary'. In subsection (c), the words 'It shall also be the duty of the superintendent to forward a correct statement of his balance sheet' are omitted as superseded by the source provisions restated in section 321(c) of the revised title. The words 'mints and assay offices' are substituted for 'mint' for consistency in the section. In subsection (d), the words 'National Bureau of Standards of the Department of Commerce' are substituted for 'Bureau of Standards of the United States' because of 15:1511. The words 'from .01 grain' are substituted for 'from the hundredths part of a grain' for consistency. The words 'under the inspection of the superintendent and assayer' are omitted as superseded by the source provisions restated in section 321(c) of the revised title. The words 'and the accuracy of those used at the mint at Philadelphia shall be tested annually in the presence of the assay commissioners, at the time of the annual examination and test of coins' are omitted because the position of assay commissioner was abolished by section 201 of the Act of March 14, 1980 (Pub. L. 96-209, 94 Stat. 98). AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-274, Sec. 2(c)(4), substituted 'each mint' and 'superintendent receives' for 'each mint and the assay office at New York and the officer in charge of the assay office at San Francisco' and 'superintendent or officer receives', respectively. Subsec. (a)(2). Pub. L. 100-274, Sec. 2(c)(5), substituted 'credit each superintendent with the amount' and 'superintendent returns' for 'credit each superintendent and the officer with the amount' and 'superintendent or officer returns', respectively. Subsec. (a)(3). Pub. L. 100-274, Sec. 2(c)(6), substituted 'superintendent, who' for 'superintendent and the officer, who'. Subsec. (b). Pub. L. 100-274, Sec. 2(c)(7), inserted heading and amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'At least once a year, the Secretary shall settle the accounts of the superintendents and the officer in charge. At settlement, each superintendent and the officer shall return to the Secretary coins, clippings, and other bullion in their possession with a statement of bullion received and returned since the last settlement (including bullion returned for settlement). The Secretary shall - '(1) audit the accounts and statements of each superintendent and the officer; '(2) allow each superintendent the waste of precious metals, within limitations prescribed by the Secretary, that the Secretary decides is necessary for refining and minting; and '(3) allow the officer the waste, within the limitations prescribed for refining, that the Secretary decides is necessary in casting fine gold and silver bars, except that the waste allowance may not apply to deposit operations.' Subsec. (c). Pub. L. 100-274, Sec. 2(c)(9), struck out 'and assay offices' after 'total liabilities of the mints'. Subsec. (d). Pub. L. 100-418 substituted 'National Institute of Standards and Technology' for 'National Bureau of Standards'. Pub. L. 100-274, Sec. 2(c)(10), struck out 'and assay office' after 'procure for each mint' and 'and assay offices' after 'transactions at the mints'. ------DocID 39475 Document 375 of 536------ -CITE- 31 USC SUBCHAPTER IV -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - BUREAU OF ENGRAVING AND PRINTING ------DocID 39476 Document 376 of 536------ -CITE- 31 USC Sec. 5141 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER IV -HEAD- Sec. 5141. Operation of the Bureau -STATUTE- (a) The Secretary of the Treasury shall prepare and submit to the President an annual business-type budget for the Bureau of Engraving and Printing. (b)(1) The Secretary shall maintain in the Bureau an integrated accounting system with internal controls that - (A) ensures adequate control over assets and liabilities of the Bureau of Engraving and Printing Fund described in section 5142 of this title; (B) develops accurate production costs to enable the Bureau to recover those costs on the basis of the work requisitioned; (C) provides for replacement of capitalized equipment and other fixed assets by maintaining adequate depreciation reserves based on original cost or appraised values; (D) discloses the financial condition and operations of the Fund on an accrual basis of accounting; and (E) provides information for the prior fiscal year on the annual budget of the Bureau. (2) The accounting system shall conform to principles and standards prescribed by the Comptroller General to carry out this subsection. The Comptroller General may review the system to ensure conformity to the principles and standards and its effectiveness of operation. (c) An officer or employee in the clerical-mechanical service of the Bureau assigned to an established shift or tour of duty at least half of which occurs between 6 p.m. and 6 a.m. is entitled to pay for the regular 40-hour week (except when on leave) at a rate of pay 15 percent higher than the day rate for the same work. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 990.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5141(a) 31:181b. Aug. 4, 1950, ch. 558, Sec. 4, 5, 64 Stat. 409. 5141(b) 31:181c. 5141(c) 31:180. July 1, 1944, ch. 357, 58 Stat. 648. ------------------------------- In subsection (a), the word 'budget' is substituted for 'budget program' to eliminate unnecessary words. The words 'to the President' are added because of chapter 11 of the revised title. In subsection (b)(1), before clause (A), the words 'Secretary shall maintain' are substituted for 'There shall be installed and maintained' because of sections 301 and 303 of the revised title and to eliminate executed words. The words 'internal controls' are substituted for 'including proper features of internal control' to eliminate unnecessary words. In clause (B), the word 'costs' is substituted for 'direct and indirect costs' to eliminate unnecessary words. In clause (D), the word 'basis' is substituted for 'method' for clarity. In clause (E), the words 'provides information' are substituted for 'supply on the basis of accounting results the data' to eliminate unnecessary words. The word 'prior' is substituted for 'last completed' for consistency in the revised title. In subsection (c), the words 'An officer or employee' are substituted for 'employees' for consistency in the revised title and with other titles of the United States Code. The words 'assigned to an established shift or tour of duty at least half of which occurs between the hours of 6 p.m. and 6 a.m.' are substituted for 'assigned to perform their work at night' and 31:180(proviso) to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 5349, 5545. ------DocID 39477 Document 377 of 536------ -CITE- 31 USC Sec. 5142 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER IV -HEAD- Sec. 5142. Bureau of Engraving and Printing Fund -STATUTE- (a) The Department of the Treasury has a Bureau of Engraving and Printing Fund. Amounts - (1) in the Fund are available to operate the Bureau of Engraving and Printing; (2) in the Fund remain available until expended; and (3) may be appropriated to the Fund. (b) The Fund consists of - (1) property and physical assets (except buildings and land) acquired by the Bureau; (2) all amounts received by the Bureau; and (3) proceeds from the disposition of property and assets acquired by the Fund. (c) The capital of the Fund consists of - (1) amounts appropriated to the Fund; (2) physical assets of the Bureau (except buildings and land) as of the close of business June 30, 1951; and (3) all payments made after June 30, 1974, under section 5143 of this title at prices adjusted to permit buying capital equipment and to provide future working capital. (d) The Secretary shall deposit each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing to the Fund in the prior fiscal year that the Secretary decides are in excess of the needs of the Fund. However, the Secretary may use the excess amounts to restore capital of the Fund reduced by the difference between the charges for services of the Bureau and the cost of providing those services. (e) The Secretary shall maintain a special deposit account in the Treasury for the Fund. The Secretary shall credit the account with amounts appropriated to the Fund and receipts of the Bureau without depositing the receipts in the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 990.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5142(a) 31:181a(a)(1st Aug. 4, 1950, ch. sentence), (d). 558, Sec. 2, 64 Stat. 409. 5142(b) 31:181a(c). 5142(c) 31:181a(a)(last sentence), (b). 31:181(note). July 31, 1977, Pub. L. 95-81, Sec. 100(par. under heading 'Bureau of Engraving and Printing'), 91 Stat. 342. 5142(d) 31:181a(e). 5142(e) 31:181a(f). ------------------------------- In subsection (a), before clause (1), the words 'as of July 1, 1951' are omitted as executed. In clause (1), the words 'subsequent to June 30, 1951' are omitted as executed. In clause (2), the words 'remain available until expended' are substituted for 'shall be available without fiscal year limitation' for consistency in the revised title and with other titles of the United States Code. In subsection (b)(2), the words 'amounts received by the Bureau' are substituted for 'all amounts recoverable as provided in section 181 of this title for the costs of work and services performed by the Bureau, and all other amounts receivable by the Bureau from whatever sources derived' to eliminate unnecessary words. In subsection (c)(1), the words 'amounts appropriated to the Fund' are substituted for 'an initial appropriation by the Congress to the fund of not to exceed $5,000,000 and such additional amounts as from time to time may be appropriated for the purposes of the fund' to eliminate unnecessary words. In subsection (c)(2), the words 'such inventories and other physical assets to be capitalized at fair and reasonable values to be determined by the Secretary' are omitted as executed. The words 'receivables and the inventories' are omitted as covered by 'physical assets'. The words 'unexpended balances of appropriations' are omitted as unnecessary because of clause (1). In subsection (c)(3), the words '$5,000,000, to remain available until expended' are omitted as unnecessary because of the source provision restated in subsection (a)(2) of this section. The text of 31:181a(a)(3) and (b) is omitted as executed. In subsection (d), the words 'each fiscal year' are substituted for 'ensuing fiscal year', and the words 'prior fiscal year' are added, because of the restatement. The word 'Secretary' is added because of sections 301 and 303 of the revised title. The words 'decides are in excess of the needs of the Fund' are substituted for 'surplus' for consistency in the chapter. The words 'may use' are substituted for 'may be applied first' to eliminate unnecessary words. The word 'reduced' is substituted for 'impairment' for clarity. In subsection (e), the words 'Secretary shall maintain' are substituted for 'shall be established' because of sections 301 and 303 of the revised title and to eliminate executed words. The words 'in the Treasury' are substituted for 'with the Treasurer of the United States' because of Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The text of 31:181a(f)(last sentence) is omitted as unnecessary because of the source provisions restated in section 3325 of the revised title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5141 of this title. ------DocID 39478 Document 378 of 536------ -CITE- 31 USC Sec. 5143 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER IV -HEAD- Sec. 5143. Payment for services -STATUTE- The Secretary of the Treasury shall impose charges for Bureau of Engraving and Printing services the Secretary provides to an agency. The charges shall be in amounts the Secretary considers adequate to cover the costs of the services (including administrative costs related to providing the services). The agency shall pay promptly bills submitted by the Secretary. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 991.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5143 31:181. Aug. 4, 1950, ch. 558, Sec. 1, 64 Stat. 408. ------------------------------- The word 'costs' is substituted for 'direct and indirect costs' to eliminate unnecessary words. The words 'shall make payment therefor' are omitted as unnecessary because of the restatement. The words 'from funds available to it for such purposes' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5142 of this title. ------DocID 39479 Document 379 of 536------ -CITE- 31 USC Sec. 5144 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER IV -HEAD- Sec. 5144. Providing impressions of portraits and vignettes -STATUTE- The Secretary of the Treasury may provide impressions from an engraved portrait or vignette in the possession of the Bureau of Engraving and Printing. An impression shall be provided - (1) at the request of - (A) a member of Congress; (B) a head of an agency; (C) an art association; or (D) a library; and (2) for a charge and under conditions the Secretary decides are necessary to protect the public interest. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 991.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5144 31:174. Dec. 22, 1879, ch. 2, 21 Stat. 59. ------------------------------- In the section, before clause (1), the word 'engraved' is added before 'portrait' because of the restatement. The words 'in the possession' are substituted for 'which is now, or may be a part of the engraved stock' to eliminate unnecessary words. The words 'An impression shall be provided' are added because of the restatement. In clause (1)(A), the words 'member of Congress' are substituted for 'Senator, Representative, or Delegate in Congress' for consistency. In clause (1)(B), the word 'agency' is substituted for 'department or bureau' because of section 101 of the revised title and for consistency in the revised title. In clause (2), the words 'for a charge and under conditions the Secretary decides are' are substituted for 'at such rates and under such conditions as he may deem' for consistency. ------DocID 39480 Document 380 of 536------ -CITE- 31 USC SUBCHAPTER V -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER V -HEAD- SUBCHAPTER V - MISCELLANEOUS ------DocID 39481 Document 381 of 536------ -CITE- 31 USC Sec. 5151 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER V -HEAD- Sec. 5151. Conversion of currency of foreign countries -STATUTE- (a) In this section - (1) 'buying rate' means the buying rate in the market in New York, New York, for cable transfers payable in the currency of a foreign country to be converted. (2) when merchandise is exported on a day that banks are generally closed in New York, the buying rate at noon on the last prior business day is deemed to be the buying rate at noon on the day the merchandise is exported. (b) The value of coins of a foreign country expressed in United States money is the value of the pure metal of the standard coin of the foreign country. The Secretary of the Treasury shall estimate the values of standard coins of the country quarterly and publish the values on the first day of January, April, July, and October of each year. (c) Except as provided in this section, conversion of currency of a foreign country into United States currency for assessment and collection of duties on merchandise imported into the United States shall be made at values published by the Secretary under subsection (b) of this section for the quarter in which the merchandise is exported. (d) If the Secretary has not published a value for the quarter in which the merchandise is exported, or if the value published by the Secretary varies by at least 5 percent from a value measured by the buying rate at noon on the day the merchandise is exported, the conversion of the currency of the foreign country shall be made at a value - (1) equal to the buying rate at noon on the day the merchandise is exported; or (2) prescribed by regulation of the Secretary for the currency that is equal to the first buying rate certified for that currency by the Federal Reserve Bank of New York under subsection (e) of this section in the quarter in which the merchandise is exported, but only if the buying rate at noon on the day the merchandise is exported varies less than 5 percent from the buying rate first certified. (e) The Federal Reserve Bank of New York shall decide the buying rate and certify the rate to the Secretary. The Secretary shall publish the rate at times and to the extent the Secretary considers necessary. In deciding the buying rate, the Bank may - (1) consider the last ascertainable transactions and quotations (direct or through exchange of other currencies); and (2) if there is no buying rate, calculate the rate from - (A) actual transactions and quotations in demand or time bills of exchange; or (B) the last ascertainable transactions and quotations outside the United States in or for exchange payable in United States currency or foreign currency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 991.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5151(a) 31:372(c)(2)(1st June 17, 1930, ch. sentence), (3). 497, Sec. 522(c), 46 Stat. 740; restated Aug. 2, 1956, ch. 887, Sec. 3, 70 Stat. 946. 5151(b) 31:372(a). Aug. 27, 1894, ch. 349, Sec. 25, 28 Stat. 552; May 27, 1921, ch. 14, Sec. 403(a), 42 Stat. 17; restated June 17, 1930, ch. 497, Sec. 522(a), 46 Stat. 739. 5151(c) 31:372(b). June 17, 1930, ch. 497, Sec. 522(b), 46 Stat. 740. 5151(d) 31:372(c)(1). 5151(e) 31:372(c)(2)(2d, last sentences). ------------------------------- In subsection (b), the words 'United States money' are substituted for 'money of account' for consistency in the chapter. The words 'standard coins of the country' are substituted for 'values of standard coins in circulation of the various nations of the world' to eliminate unnecessary words. The words 'Secretary of the Treasury' are substituted for 'Director of the Mint' because of the source provisions restated in section 321(c) of the revised title. In subsection (c), the words 'on or after June 17, 1930' are omitted as executed. In subsection (d)(1), the words 'buying rate at noon on the day the merchandise is exported' are substituted for 'such buying rate' for clarity. In subsection (d)(2), the words 'that is equal to' are substituted for 'at a value measured by' because of the restatement. In subsection (e)(2), the words 'buying rate' are substituted for 'market buying rate for such cable transfers' to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3123 of this title; title 19 section 1360. ------DocID 39482 Document 382 of 536------ -CITE- 31 USC Sec. 5152 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER V -HEAD- Sec. 5152. Value of United States money holdings in international institutions -STATUTE- The Secretary of the Treasury shall maintain the value in terms of gold of the holdings of United States money of the International Bank for Reconstruction and Development, the Inter-American Development Bank, the International Development Association, and the Asian Development Bank to the extent provided in the articles of agreement of those institutions. Amounts necessary to maintain the value may be appropriated. Amounts appropriated under this section remain available until expended. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 992.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5152 31:449a. Mar. 31, 1972, Pub. L. 92-268, Sec. 3, 86 Stat. 117. ------------------------------- The word 'money' is substituted for 'dollars' for consistency in the revised title. The words 'the International Monetary Fund' are omitted as obsolete because of section 9 of the Act of October 19, 1976 (Pub. L. 94-564, 90 Stat. 2661). ------DocID 39483 Document 383 of 536------ -CITE- 31 USC Sec. 5153 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER V -HEAD- Sec. 5153. Counterfeit currency -STATUTE- Disbursing officials of the United States Government and officers of national banks shall stamp or mark the word 'counterfeit', 'altered', or 'worthless' on counterfeit notes intended to circulate as currency that are presented to them. An official or officer wrongfully stamping or marking an item of genuine United States currency (including a Federal reserve note or a circulating note of Federal reserve banks and national banks) shall redeem the currency at face value when presented. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 992.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5153 31:424. June 30, 1876, ch. 156, Sec. 5, 19 Stat. 64. ------------------------------- The words 'Disbursing officials' are substituted for 'officers charged with the receipt or disbursement of public moneys' for consistency in the revised title and other titles of the United States Code. The word 'mark' is substituted for 'write in plain letters' to eliminate unnecessary words. The words 'counterfeit notes intended to circulate as currency' are substituted for 'all fraudulent notes issued in the form of, and intended to circulate as money' for consistency in the revised title and with other titles of the Code. The last sentence is substituted for the words following the semicolon in 31:424 for clarity and to reflect the legislative history of the derivative source. See 4 Cong. Rec. 2225-2228, 3148. In that sentence, the words 'United States currency (including a Federal reserve note or a circulating note of Federal reserve banks and national banks)' are substituted for 'any genuine note of the United States, or of the national banks' for consistency with section 5103 of the revised title. ------DocID 39484 Document 384 of 536------ -CITE- 31 USC Sec. 5154 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER V -HEAD- Sec. 5154. State taxation -STATUTE- A State or a territory or possession of the United States may tax United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) as money on hand or on deposit in the same way and at the same rate that the State, territory, or possession taxes other forms of money. This section does not affect a law taxing national banks. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 992; Pub. L. 97-452, Sec. 1(22), Jan. 12, 1983, 96 Stat. 2477.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5154 31:425, 426. Aug. 13, 1894, ch. 281, 28 Stat. 278. ------------------------------- The words 'United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks)' are substituted for 'Circulating notes of national banking associations and United States legal tender notes and other notes and certificates of the United States payable on demand and circulating or intended to circulate as currency and gold, silver, or other coin' in 31:425 to eliminate unnecessary words and for consistency with section 5103 of the revised title. 1983 ACT This restates 31:5154 to clarify the intent of the section. See 26 Cong. Rec. 7152, 7170 (1894). AMENDMENTS 1983 - Pub. L. 97-452 substituted 'other forms of money' for 'United States coins and currency circulating within its jurisdiction'. EFFECTIVE DATE OF 1983 AMENDMENT Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97-452, set out as a note under section 3331 of this title. ------DocID 39485 Document 385 of 536------ -CITE- 31 USC Sec. 5155 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 51 SUBCHAPTER V -HEAD- Sec. 5155. Providing engraved plates of portraits of deceased members of Congress -STATUTE- On conditions the Secretary of the Treasury decides, the Secretary may send an engraved plate of a portrait of a deceased Senator or Representative to an heir or legal representative of such a Senator or Representative. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 993.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5155 31:175. July 1, 1916, ch. 209, Sec. 1(3d par. on p. 275), 39 Stat. 275. ------------------------------- The words 'terms and' are omitted as being included in 'conditions'. The words 'that have been or may be made' are omitted as unnecessary. ------DocID 39486 Document 386 of 536------ -CITE- 31 USC CHAPTER 53 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 -HEAD- CHAPTER 53 - MONETARY TRANSACTIONS -MISC1- SUBCHAPTER I - CREDIT AND MONETARY EXPANSION Sec. 5301. Buying obligations of the United States Government. 5302. Stabilizing exchange rates and arrangements. 5303. Reserved coins and currencies of foreign countries. 5304. Regulations. SUBCHAPTER II - RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS 5311. Declaration of purpose. 5312. Definitions and application. 5313. Reports on domestic coins and currency transactions. 5314. Records and reports on foreign financial agency transactions. 5315. Reports on foreign currency transactions. 5316. Reports on exporting and importing monetary instruments. 5317. Search and forfeiture of monetary instruments. 5318. Compliance, exemptions, and summons authority. 5319. Availability of reports. 5320. Injunctions. 5321. Civil penalties. 5322. Criminal penalties. 5323. Rewards for informants. 5324. Structuring transactions to evade reporting requirement prohibited. 5325. Identification required to purchase certain monetary instruments. 5326. Records of certain domestic coin and currency transactions. AMENDMENTS 1988 - Pub. L. 100-690, title VI, Sec. 6185(f), Nov. 18, 1988, 102 Stat. 4357, added items 5325 and 5326. 1986 - Pub. L. 99-570, title I, Sec. 1354(b), 1356(d), Oct. 27, 1986, 100 Stat. 3207-22, 3207-25, substituted 'Compliance, exemptions, and summons authority' for 'Compliance and exemptions' in item 5318 and added item 5324. 1984 - Pub. L. 98-473, title II, Sec. 901(f), Oct. 12, 1984, 98 Stat. 2136, added item 5323. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 19 section 1613b. ------DocID 39487 Document 387 of 536------ -CITE- 31 USC SUBCHAPTER I -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER I -HEAD- SUBCHAPTER I - CREDIT AND MONETARY EXPANSION ------DocID 39488 Document 388 of 536------ -CITE- 31 USC Sec. 5301 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER I -HEAD- Sec. 5301. Buying obligations of the United States Government -STATUTE- (a) The President may direct the Secretary of the Treasury to make an agreement with the Federal reserve banks and the Board of Governors of the Federal Reserve System when the President decides that the foreign commerce of the United States is affected adversely because - (1) the value of coins and currency of a foreign country compared to the present standard value of gold is depreciating; (2) action is necessary to regulate and maintain the parity of United States coins and currency; (3) an economic emergency requires an expansion of credit; or (4) an expansion of credit is necessary so that the United States Government and the governments of other countries can stabilize the value of coins and currencies of a country. (b) Under an agreement under subsection (a) of this section, the Board shall permit the banks (and the Board is authorized to permit the banks notwithstanding another law) to agree that the banks will - (1) conduct through each entire specified period open market operations in obligations of the United States Government or corporations in which the Government is the majority stockholder; and (2) buy directly and hold an additional $3,000,000,000 of obligations of the Government for each agreed period, unless the Secretary consents to the sale of the obligations before the end of the period. (c) With the approval of the Secretary, the Board may require Federal reserve banks to take action the Secretary and Board consider necessary to prevent unreasonable credit expansion. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 993.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5301(a), (b) 31:821(less (a)(last May 12, 1933, ch. sentence)). 25, Sec. 43(less (b)(1)(last sentence)), 48 Stat. 51; Jan. 30, 1934, ch. 6, Sec. 12, 48 Stat. 342; Jan. 23, 1937, ch. 5, Sec. 2, 50 Stat. 4; July 6, 1939, ch. 260, Sec. 3, 53 Stat. 998; June 30, 1941, ch. 265, Sec. 2, 55 Stat. 396; June 12, 1945, ch. 186, Sec. 4, 59 Stat. 238; Mar. 18, 1968, Pub. L. 90- 269, Sec. 9, 82 Stat. 50. 5301(c) 31:821(a)(last sentence). ------------------------------- In subsection (a), before clause (1), the text of 31:821(b)(matter before (1)) is omitted as obsolete because clause (1) is omitted as executed, and clause (2) is omitted as expired. The text of 31:821(b)(matter after (2)) is omitted as obsolete because silver is no longer coined. The words 'in his discretion' and 'several' are omitted as surplus. The words 'Board of Governors of the Federal Reserve System' are substituted for 'Federal Reserve Board' because of 12:241. The words 'upon investigation' are omitted as surplus. In clause (1), the word 'foreign' is substituted for 'of any other government or governments' to eliminate unnecessary words. The words 'coins and' are added for consistency. In clause (2), the words 'United States coins and currency' are substituted for 'currency issues of the United States' for consistency. In clause (4), the words 'so that the United States Government and the governments of other countries can stabilize' are substituted for 'to secure by international agreement a stabilization' for clarity. The words 'at proper levels' are omitted as surplus. In subsection (b), before clause (1), the words '(and the Board is authorized to permit the banks notwithstanding another law)' are substituted for 'notwithstanding any provisions of law or rules and regulations to the contrary' for clarity. In clause (1), the words 'pursuant to existing law' are omitted as surplus. The words 'through each entire' are substituted for 'throughout' for clarity. In clause (2), the words 'in portfolio', 'or periods of time Treasury bills or other' and 'in an aggregate sum of' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5304 of this title. ------DocID 39489 Document 389 of 536------ -CITE- 31 USC Sec. 5302 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER I -HEAD- Sec. 5302. Stabilizing exchange rates and arrangements -STATUTE- (a)(1) The Department of the Treasury has a stabilization fund. The fund is available to carry out this section, section 18 of the Bretton Woods Agreement Act (22 U.S.C. 286e-3), and section 3 of the Special Drawing Rights Act (22 U.S.C. 286o), and for investing in obligations of the United States Government those amounts in the fund the Secretary of the Treasury, with the approval of the President, decides are not required at the time to carry out this section. Proceeds of sales and investments, earnings, and interest shall be paid into the fund and are available to carry out this section. However, the fund is not available to pay administrative expenses. (2) Subject to approval by the President, the fund is under the exclusive control of the Secretary, and may not be used in a way that direct control and custody pass from the President and the Secretary. Decisions of the Secretary are final and may not be reviewed by another officer or employee of the Government. (b) Consistent with the obligations of the Government in the International Monetary Fund on orderly exchange arrangements and a stable system of exchange rates, the Secretary or an agency designated by the Secretary, with the approval of the President, may deal in gold, foreign exchange, and other instruments of credit and securities the Secretary considers necessary. However, a loan or credit to a foreign entity or government of a foreign country may be made for more than 6 months in any 12-month period only if the President gives Congress a written statement that unique or emergency circumstances require the loan or credit be for more than 6 months. (c)(1) By the 30th day after the end of each month, the Secretary shall give the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a detailed financial statement on the stabilization fund showing all agreements made or renewed, all transactions occurring during the month, and all projected liabilities. (2) The Secretary shall report each year to the President and Congress on the operation of the fund. (d) A repayment of any part of the first subscription payment of the Government to the International Monetary Fund, previously paid from the stabilization fund, shall be deposited in the Treasury as a miscellaneous receipt. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 994.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5302(a) 31:822a(b)(1). Jan. 30, 1934, ch. 6, Sec. 10(a), (b)(1), (c), 48 Stat. 341, 342; Jan. 23, 1937, ch. 5, Sec. 1, 50 Stat. 4; July 6, 1939, ch. 260, Sec. 1, 2, 53 Stat. 998; June 30, 1941, ch. 265, Sec. 1, 55 Stat. 395; Apr. 29, 1943, ch. 76, 57 Stat. 68; July 31, 1945, ch. 339, Sec. 7(a), 59 Stat. 514; Dec. 30, 1970, Pub. L. 91-599, Sec. 41, 42, 84 Stat. 1659; Oct. 19, 1976, Pub. L. 94-564, Sec. 7, 90 Stat. 2661; Oct. 28, 1977, Pub. L. 95-147, Sec. 4(b), 91 Stat. 1229; Nov. 8, 1978, Pub. L. 95- 612, Sec. 1, 6, 92 Stat. 3091, 3092. 5302(b) 31:822a(a)(1st sentence). 5302(c)(1) 31:822a(b)(2). Jan. 30, 1934, ch. 6, 48 Stat. 337, Sec. 10(b)(2); added Nov. 8, 1978, Pub. L. 95-612, Sec. 6, 92 Stat. 3092. 5302(c)(2) 31:822a(a)(last sentence). 5302(d) 31:822a(c). ------------------------------- In subsection (a)(1), the words 'The Department of the Treasury has a stabilization fund' are substituted for 'there is appropriated, out of the receipts which are directed to be covered into the Treasury under section 408b of this title, the sum of $2,000,000,000, which sum when available shall be deposited in the United States Treasury in a stabilization fund' because the fund has been established. The words '(hereinafter called the 'fund')' are omitted as unnecessary because of the restatement. The words 'To enable the Secretary of the Treasury' and 'The fund shall be available for expenditure, under the direction of the Secretary of the Treasury and in his discretion, for any purpose in connection with carrying out the provisions of this section' are omitted as surplus. The words 'section 18 of the Bretton Woods Agreement Act (22 U.S.C. 286e-3), and section 3 of the Special Drawing Rights Act (22 U.S.C. 286o)' are added for clarity. The words 'and reinvestment' and 'direct' are omitted as surplus. The word 'Government' is added for consistency. The words 'accruing under the operations of this section' are omitted as surplus. The words 'to carry out this section' after 'are available' are substituted for 'for the purposes of the fund' for consistency. In subsection (b), the words 'directly . . . through' and 'for the account of the fund established in this section' are omitted as surplus. The words 'government of a foreign country' are substituted for 'foreign government' for consistency in the revised title and with other titles of the United States Code. The words 'by or through such fund' are omitted as surplus. In subsection (c)(1), the word 'calendar' is omitted as surplus. The words 'beginning after the effective date of this paragraph' are omitted as executed. The words 'to occur' are omitted as surplus. In subsection (d), the words 'any part of the first subscription payment of the Government to the International Monetary Fund, previously paid from the stabilization fund' are substituted for 31:822a(c)(words before semicolon) and 'thereof' for clarity because the payment has been made. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5304 of this title; title 22 sections 286e-3, 286e-7, 286o, 5411. ------DocID 39490 Document 390 of 536------ -CITE- 31 USC Sec. 5303 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER I -HEAD- Sec. 5303. Reserved coins and currencies of foreign countries -STATUTE- An agency may use coins and currencies of a foreign country the United States Government holds that are or may be reserved for a specific program or activity of an agency. The agency shall reimburse the Treasury from appropriations and shall replace the coins and currencies when they are needed for the program or activity for which they were reserved originally. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 994.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5303 31:938. Oct. 15, 1966, Pub. L. 89-677, 80 Stat. 955. ------------------------------- The word 'Federal' is omitted as unnecessary because of the definition of 'agency' in section 101 of the revised title. The words 'coins and' and 'Government' are added for consistency. The words 'or set aside' and 'of the Government' are omitted as surplus. The words 'The agency shall reimburse . . . shall replace' are substituted for 'except (1) that reimbursement shall be made . . . (2) . . . shall be replaced' for clarity. The words 'applicable . . . of the agency concerned' are omitted as surplus. The words 'program or activity' are substituted for 'purpose' for clarity and consistency. ------DocID 39491 Document 391 of 536------ -CITE- 31 USC Sec. 5304 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER I -HEAD- Sec. 5304. Regulations -STATUTE- With the approval of the President, the Secretary of the Treasury may prescribe regulations - (1) to carry out section 5301 of this title; and (2) the Secretary considers necessary to carry out section 5302 of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 994.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5304 31:822. May 12, 1933, ch. 25, Sec. 44, 48 Stat. 53. 31:822b. Jan. 30, 1934, ch. 6, Sec. 11, 48 Stat. 342. ------------------------------- Before clause (1), the words 'prescribe regulations' are substituted for 'make and promulgate rules and regulations' in 31:822 and 'issue . . . such rules and regulations' in 31:822b for consistency. In clause (1), the words 'to carry out' are substituted for 'covering any action taken or to be taken by the President under' in 31:822 to eliminate unnecessary words. In clause (2), the words 'or proper' in 31:822b and 'the purposes of' are omitted as surplus. Reference to 31:821 is omitted as obsolete because silver is no longer coined. Reference to 31:824 is omitted as obsolete because 31:824 is executed and is not part of the revised title. ------DocID 39492 Document 392 of 536------ -CITE- 31 USC SUBCHAPTER II -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- SUBCHAPTER II - RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 12 sections 1464, 1786, 1817, 1818, 1829b, 3401, 3413; title 18 sections 1952, 1956, 1961; title 22 section 2714. ------DocID 39493 Document 393 of 536------ -CITE- 31 USC Sec. 5311 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5311. Declaration of purpose -STATUTE- It is the purpose of this subchapter (except section 5315) to require certain reports or records where they have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 995.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5311 31:1051. Oct. 26, 1970, Pub. L. 91-508, Sec. 202, 84 Stat. 1118. ------------------------------- REPORTS ON USES MADE OF CURRENCY TRANSACTION REPORTS Pub. L. 101-647, title I, Sec. 101, Nov. 29, 1990, 104 Stat. 4789, provided that: 'Not later than 180 days after the effective date of this section (Nov. 29, 1990), and every 2 years for 4 years, the Secretary of the Treasury shall report to the Congress the following: '(1) the number of each type of report filed pursuant to subchapter II of chapter 53 of title 31, United States Code (or regulations promulgated thereunder) in the previous fiscal year; '(2) the number of reports filed pursuant to section 6050I of the Internal Revenue Code of 1986 (26 U.S.C. 6050I) (regarding transactions involving currency) in the previous fiscal year; '(3) an estimate of the rate of compliance with the reporting requirements by persons required to file the reports referred to in paragraphs (1) and (2); '(4) the manner in which the Department of the Treasury and other agencies of the United States collect, organize, analyze and use the reports referred to in paragraphs (1) and (2) to support investigations and prosecutions of (A) violations of the criminal laws of the United States, (B) violations of the laws of foreign countries, and (C) civil enforcement of the laws of the United States including the provisions regarding asset forfeiture; '(5) a summary of sanctions imposed in the previous fiscal year against persons who failed to comply with the reporting requirements referred to in paragraphs (1) and (2), and other steps taken to ensure maximum compliance; '(6) a summary of criminal indictments filed in the previous fiscal year which resulted, in large part, from investigations initiated by analysis of the reports referred to in paragraphs (1) and (2); and '(7) a summary of criminal indictments filed in the previous fiscal year which resulted, in large part, from investigations initiated by information regarding suspicious financial transactions provided voluntarily by financial institutions.' INTERNATIONAL CURRENCY TRANSACTION REPORTING Pub. L. 100-690, title IV, Sec. 4701, Nov. 18, 1988, 102 Stat. 4290, provided that: '(a) Findings. - The Congress finds that - '(1) the success of cash transaction and money laundering control statutes in the United States has been significant; and '(2) the United States should play a leadership role in the development of an international system of a similar kind. '(b) Purpose. - It is the purpose of this section to urge the United States Government, to the maximum extent practicable, to seek the active cooperation of other countries in the enforcement of these statutes, since only a truly multilateral approach can be effective in eliminating bank haven loopholes through which money launderers can escape. '(c) Establishment of International Agency. - The Congress urges the Secretary of the Treasury to negotiate with finance ministers of foreign countries to establish an international currency control agency to - '(1) serve as a central source of information and database for international drug enforcement agencies; '(2) collect and analyze currency transaction reports filed by member countries; and '(3) encourage the adoption, by member countries, of uniform cash transaction and money laundering statutes. '(d) Maintenance of Domestic Effort. - While establishing a multilateral agency will be the most effective method of combating money laundering, the United States must itself continue to do everything it can to curb international money laundering.' RESTRICTIONS ON LAUNDERING OF UNITED STATES CURRENCY Pub. L. 100-690, title IV, Sec. 4702, Nov. 18, 1988, 102 Stat. 4291, provided that: '(a) Findings. - The Congress finds that international currency transactions, especially in United States currency, that involve the proceeds of narcotics trafficking fuel trade in narcotics in the United States and worldwide and consequently are a threat to the national security of the United States. '(b) Purpose. - The purpose of this section is to provide for international negotiations that would expand access to information on transactions involving large amounts of United States currency wherever those transactions occur worldwide. '(c) Negotiations. - (1) The Secretary of the Treasury (hereinafter in this section referred to as the 'Secretary') shall enter into negotiations with the appropriate financial supervisory agencies and other officials of any foreign country the financial institutions of which do business in United States currency. Highest priority shall be attached to countries whose financial institutions the Secretary determines, in consultation with the Attorney General and the Director of National Drug Control Policy, may be engaging in currency transactions involving the proceeds of international narcotics trafficking, particularly United States currency derived from drug sales in the United States. '(2) The purposes of negotiations under this subsection are - '(A) to reach one or more international agreements to ensure that foreign banks and other financial institutions maintain adequate records of large United States currency transactions, and '(B) to establish a mechanism whereby such records may be made available to United States law enforcement officials. In carrying out such negotiations, the Secretary should seek to enter into and further cooperative efforts, voluntary information exchanges, the use of letters rogatory, and mutual legal assistance treaties. '(d) Reports. - Not later than 1 year after the date of enactment of this Act (Nov. 18, 1988), the Secretary shall submit an interim report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on progress in the negotiations under subsection (c). Not later than 2 years after such enactment, the Secretary shall submit a final report to such Committees and the President on the outcome of those negotiations and shall identify, in consultation with the Attorney General and the Director of National Drug Control Policy, countries - '(1) with respect to which the Secretary determines there is evidence that the financial institutions in such countries are engaging in currency transactions involving the proceeds of international narcotics trafficking; and '(2) which have not reached agreement with United States authorities on a mechanism for exchanging adequate records on international currency transactions in connection with narcotics investigations and proceedings. '(e) Authority. - If after receiving the advice of the Secretary and in any case at the time of receipt of the Secretary's report, the Secretary determines that a foreign country - '(1) has jurisdiction over financial institutions that are substantially engaging in currency transactions that effect (affect) the United States involving the proceeds of international narcotics trafficking; '(2) such country has not reached agreement on a mechanism for exchanging adequate records on international currency transactions in connection with narcotics investigations and proceedings; and '(3) such country is not negotiating in good faith to reach such an agreement, the President shall impose appropriate penalties and sanctions, including temporarily or permanently - '(1) prohibiting such persons, institutions or other entities in such countries from participating in any United States dollar clearing or wire transfer system; and '(2) prohibiting such persons, institutions or entities in such countries from maintaining an account with any bank or other financial institution chartered under the laws of the United States or any State. Any penalties or sanctions so imposed may be delayed or waived upon certification of the President to the Congress that it is in the national interest to do so. Financial institutions in such countries that maintain adequate records shall be exempt from such penalties and sanctions. '(f) Definitions. - For the purposes of this section - '(1) The term 'United States currency' means Federal Reserve Notes and United States coins. '(2) The term 'adequate records' means records of United States' currency transactions in excess of $10,000 including the identification of the person initiating the transaction, the person's business or occupation, and the account or accounts affected by the transaction, or other records of comparable effect. '(g) Sunset. - The authority given the President in subsection (e) shall expire on June 30, 1994.' INTERNATIONAL INFORMATION EXCHANGE SYSTEM; STUDY OF FOREIGN BRANCHES OF DOMESTIC INSTITUTIONS Pub. L. 99-570, title I, Sec. 1363, Oct. 27, 1986, 100 Stat. 3207-33, required the Secretary of the Treasury to initiate discussions with the central banks or other appropriate governmental authorities of other countries and propose that an information exchange system be established to reduce international flow of money derived from illicit drug operations and other criminal activities and to report to Congress before the end of the 9-month period beginning Oct. 27, 1986. The Secretary of the Treasury was also required to conduct a study of (1) the extent to which foreign branches of domestic institutions are used to facilitate illicit transfers of or to evade reporting requirements on transfers of coins, currency, and other monetary instruments into and out of the United States; (2) the extent to which the law of the United States is applicable to the activities of such foreign branches; and (3) methods for obtaining the cooperation of the country in which any such foreign branch is located for purposes of enforcing the law of the United States with respect to transfers, and reports on transfers, of such monetary instruments into and out of the United States and to report to Congress before the end of the 9-month period beginning Oct. 27, 1986. ------DocID 39494 Document 394 of 536------ -CITE- 31 USC Sec. 5312 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5312. Definitions and application -STATUTE- (a) In this subchapter - (1) 'financial agency' means a person acting for a person (except for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member) as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, or a transaction in money, credit, securities, or gold. (2) 'financial institution' means - (A) an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h))); (B) a commercial bank or trust company; (C) a private banker; (D) an agency or branch of a foreign bank in the United States; (E) an insured institution (as defined in section 401(a) (FOOTNOTE 1) of the National Housing Act (12 U.S.C. 1724(a))); (FOOTNOTE 1) See References in Text note below. (F) a thrift institution; (G) a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.); (H) a broker or dealer in securities or commodities; (I) an investment banker or investment company; (J) a currency exchange; (K) an issuer, redeemer, or cashier of travelers' checks, checks, money orders, or similar instruments; (L) an operator of a credit card system; (M) an insurance company; (N) a dealer in precious metals, stones, or jewels; (O) a pawnbroker; (P) a loan or finance company; (Q) a travel agency; (R) a licensed sender of money; (S) a telegraph company; (T) a business engaged in vehicle sales, including automobile, airplane, and boat sales; (U) persons involved in real estate closings and settlements; (V) the United States Postal Service; (W) an agency of the United States Government or of a State or local government carrying out a duty or power of a business described in this paragraph; (X) any business or agency which engages in any activity which the Secretary of the Treasury determines, by regulation, to be an activity which is similar to, related to, or a substitute for any activity in which any business described in this paragraph is authorized to engage; or (Y) any other business designated by the Secretary whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters. (3) 'monetary instruments' means - (A) United States coins and currency; and (B) as the Secretary may prescribe by regulation, coins and currency of a foreign country, travelers' checks, bearer negotiable instruments, bearer investment securities, bearer securities, stock on which title is passed on delivery, and similar material. (4) 'person', in addition to its meaning under section 1 of title 1, includes a trustee, a representative of an estate and, when the Secretary prescribes, a governmental entity. (5) 'United States' means the States of the United States, the District of Columbia, and, when the Secretary prescribes by regulation, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands, a territory or possession of the United States, or a military or diplomatic establishment. (b) In this subchapter - (1) 'domestic financial agency' and 'domestic financial institution' apply to an action in the United States of a financial agency or institution. (2) 'foreign financial agency' and 'foreign financial institution' apply to an action outside the United States of a financial agency or institution. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 995; Pub. L. 99-570, title I, Sec. 1362, Oct. 27, 1986, 100 Stat. 3207-33; Pub. L. 100-690, title VI, Sec. 6185(a), (g)(1), Nov. 18, 1988, 102 Stat. 4354, 4357.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5312(a)(1) 31:1052(a), (b), Oct. 26, 1970, Pub. (g), (i). L. 91-508, Sec. 203(a)-(i), (l), 84 Stat. 1118. 5312(a)(2) 31:1052(e). 5312(a)(3) 31:1052(l). 5312(a)(4) 31:1052(c). 5312(a)(5) 31:1052(d). 5312(b) 31:1052(f), (h). ------------------------------- In subsection (a)(1), the text of 31:1052(a) is omitted as unnecessary. The text of 31:1052(b) is omitted because of the restatement. The text of 31:1052(i) is omitted as unnecessary because the source provision is restated where necessary in the revised subchapter. In subsection (a)(2), (3), (4), and (5), the words 'the Secretary . . . prescribes' are substituted for 'specified by the Secretary by regulation', 'as the Secretary may by regulation specify', 'specified by the Secretary', and 'the Secretary shall by regulation specify' for consistency. In subsection (a)(2) and (3), the words 'for the purposes of the provision of this chapter to which the regulation relates' are omitted as surplus. In subsection (a)(2), before subclause (A), the words 'any person which does business in any one or more of the following capacities' are omitted as surplus. In subclause (F), the words 'savings bank, building and loan association, credit union, industrial bank, or other' are omitted as surplus. In subclause (T), the words 'agency of the United States Government or of a State or local government' are substituted for 'Federal, State, or local government institution' for consistency. In subclause (U), the words 'type of' are omitted as surplus. The word 'agency' is substituted for 'institution' for consistency. In subsection (a)(3)(B)-(5), the word 'prescribe' is substituted for 'specify' for consistency in the revised title and with other titles of the United States Code. In subsection (a)(3)(B), the words 'in addition', and 'and such types of' are omitted as surplus. The words 'similar material' are substituted for 'the equivalent thereof' for clarity. In subsection (a)(4), the words 'in addition to its meaning under section 1 of title 1' are substituted for 'natural persons, partnerships, . . . associations, corporations, and all entities cognizable as legal personalities' for consistency because 1:1 is applicable to all laws unless otherwise provided. The words 'a trustee, a representative of an estate' are substituted for 'trusts, estates', and the word 'entity' is substituted for 'department or agency', for consistency. The words 'either for the purpose of this chapter generally or any particular requirement thereunder' are omitted as surplus. In subsection (a)(5), the words 'used in a geographic sense' are omitted because of the restatement. The words 'either for the purposes of this chapter generally or any particular requirement thereunder' are omitted as surplus. The words 'territory or' are added for consistency. Subsection (b) is substituted for 31:1052(f) and (h) to eliminate unnecessary words and for consistency. -REFTEXT- REFERENCES IN TEXT Section 401 of the National Housing Act, referred to in subsec. (a)(2)(E), which was classified to section 1724 of Title 12, Banks and Banking, was repealed by Pub. L. 101-73, title IV, Sec. 407, Aug. 9, 1989, 103 Stat. 363. The Securities Exchange Act of 1934, referred to in subsec. (a)(2)(G), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified principally to chapter 2B (Sec. 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables. -MISC2- AMENDMENTS 1988 - Subsec. (a)(2)(T) to (Y). Pub. L. 100-690, Sec. 6185(a), added subpars. (T) to (Y) and struck out former subpars. (T) and (U) which read as follows: '(T) an agency of the United States Government or of a State or local government carrying out a duty or power of a business described in this clause (2), including the United States Postal Service; or '(U) another business or agency carrying out a similar, related, or substitute duty or power the Secretary of the Treasury prescribes.' Subsec. (a)(5). Pub. L. 100-690, Sec. 6185(g)(1), inserted a comma after 'Puerto Rico' and struck out second comma after 'Pacific Islands'. 1986 - Subsec. (a)(2)(T). Pub. L. 99-570, Sec. 1362(a), which directed that the Postal Service be included within United States agencies by amending subsec. (a)(2)(U) of this section by inserting before the semicolon at the end thereof the following ', including the United States Postal Service', was executed to subsec. (a)(2)(T) of this section as the probable intent of Congress, because subsec. (a)(2)(U) does not contain a semicolon and subsec. (a)(2)(T) relates to United States agencies. Subsec. (a)(5). Pub. L. 99-570, Sec. 1362(b), inserted 'the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands,' after 'Puerto Rico'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 1953; title 18 sections 1956, 1957; title 19 sections 1401, 1607; title 26 section 6050I. ------DocID 39495 Document 395 of 536------ -CITE- 31 USC Sec. 5313 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5313. Reports on domestic coins and currency transactions -STATUTE- (a) When a domestic financial institution is involved in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes), in an amount, denomination, or amount and denomination, or under circumstances the Secretary prescribes by regulation, the institution and any other participant in the transaction the Secretary may prescribe shall file a report on the transaction at the time and in the way the Secretary prescribes. A participant acting for another person shall make the report as the agent or bailee of the person and identify the person for whom the transaction is being made. (b) The Secretary may designate a domestic financial institution as an agent of the United States Government to receive a report under this section. However, the Secretary may designate a domestic financial institution that is not insured, chartered, examined, or registered as a domestic financial institution only if the institution consents. The Secretary may suspend or revoke a designation for a violation of this subchapter or a regulation under this subchapter (except a violation of section 5315 of this title or a regulation prescribed under section 5315), section 411 (FOOTNOTE 1) of the National Housing Act (12 U.S.C. 1730d), or section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b). (FOOTNOTE 1) See References in Text note below. (c)(1) A person (except a domestic financial institution designated under subsection (b) of this section) required to file a report under this section shall file the report - (A) with the institution involved in the transaction if the institution was designated; (B) in the way the Secretary prescribes when the institution was not designated; or (C) with the Secretary. (2) The Secretary shall prescribe - (A) the filing procedure for a domestic financial institution designated under subsection (b) of this section; and (B) the way the institution shall submit reports filed with it. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 996.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5313(a) 31:1081. Oct. 26, 1970, Pub. L. 91-508, Sec. 221- 223, 84 Stat. 1122. 31:1082. 5313(b) 31:1083(a). 5313(c) 31:1083(b). ------------------------------- In subsection (a), the words 'coins or' are added, and the words 'prescribe' and 'prescribes' are substituted for 'specify' in 31:1081, and 'require', for consistency. The words 'other parties thereto or' in 31:1082 are omitted as surplus. The words 'to the Secretary' in 31:1081 are omitted as unnecessary and for clarity. The words 'in such detail' are omitted as surplus. The words 'A participant acting for another person shall make the report as the agent or bailee of the person and identify the person for whom the transaction is being made' are substituted for 31:1082(last sentence) for clarity and to eliminate unnecessary words. In subsection (b), the words 'in his discretion' and 'individually or by class' are omitted as surplus. The word 'Government' is added for consistency. The words 'or a regulation under this subchapter', are added because of the restatement. The words '(except a violation of section 5315 of this title or a regulation prescribed under section 5315)' are added because 31:1141-1143 was not enacted as a part of the Currency and Foreign Transactions Reporting Act that is restated in this subchapter. In subsection (c)(1), clause (A) is substituted for 'with respect to a domestic financial institution . . . with that institution' for clarity. Clause (C) is substituted for 'any such person may, at his election and in lieu of filing the report in the manner hereinabove prescribed, file the report with the Secretary' to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT Section 411 of the National Housing Act, referred to in subsec. (b), which was classified to section 1730d of Title 12, Banks and Banking, was repealed by Pub. L. 101-73, title IV, Sec. 407, Aug. 9, 1989, 103 Stat. 363. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5319, 5324 of this title; title 18 sections 981, 982. ------DocID 39496 Document 396 of 536------ -CITE- 31 USC Sec. 5314 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5314. Records and reports on foreign financial agency transactions -STATUTE- (a) Considering the need to avoid impeding or controlling the export or import of monetary instruments and the need to avoid burdening unreasonably a person making a transaction with a foreign financial agency, the Secretary of the Treasury shall require a resident or citizen of the United States or a person in, and doing business in, the United States, to keep records, file reports, or keep records and file reports, when the resident, citizen, or person makes a transaction or maintains a relation for any person with a foreign financial agency. The records and reports shall contain the following information in the way and to the extent the Secretary prescribes: (1) the identity and address of participants in a transaction or relationship. (2) the legal capacity in which a participant is acting. (3) the identity of real parties in interest. (4) a description of the transaction. (b) The Secretary may prescribe - (1) a reasonable classification of persons subject to or exempt from a requirement under this section or a regulation under this section; (2) a foreign country to which a requirement or a regulation under this section applies if the Secretary decides applying the requirement or regulation to all foreign countries is unnecessary or undesirable; (3) the magnitude of transactions subject to a requirement or a regulation under this section; (4) the kind of transaction subject to or exempt from a requirement or a regulation under this section; and (5) other matters the Secretary considers necessary to carry out this section or a regulation under this section. (c) A person shall be required to disclose a record required to be kept under this section or under a regulation under this section only as required by law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 997.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5314(a) 31:1121(a). Oct. 26, 1970, Pub. L. 91-508, Sec. 241, 242, 84 Stat. 1124. 5314(b) 31:1122. 5314(c) 31:1121(b). ------------------------------- In subsection (a), before clause (1), the words 'currency or other', 'legitimately', 'by regulation', and 'directly or indirectly' are omitted as surplus. The words 'for any person' are substituted for 'on behalf of himself or another' to eliminate unnecessary words. The words 'and to the extent' are substituted for 'and in such detail' for clarity. In clauses (1) and (2), the words 'participants' and 'participant' are substituted for 'parties' for consistency. In clause (2), the words 'to the transaction or relationship' are omitted as surplus. In clause (3), the words 'if one or more of the parties are not acting solely as principals' are omitted as surplus. In clause (4), the words 'including the amounts of money, credit, or other property involved' are omitted as surplus. In subsection (b), the words 'or a regulation under this section' are added because of the restatement. The words 'or does not apply' and 'uniform' in clause (2) are omitted as surplus. In clause (5), the words 'carry out' are substituted for 'the application of' for consistency. In subsection (c), the words 'produce or otherwise . . . the contents of' and 'in compliance with a subpena or summons duly authorized and issued or . . . may otherwise be' are omitted as surplus. The words 'under a regulation' are added because of the restatement. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5319, 5321 of this title. ------DocID 39497 Document 397 of 536------ -CITE- 31 USC Sec. 5315 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5315. Reports on foreign currency transactions -STATUTE- (a) Congress finds that - (1) moving mobile capital can have a significant impact on the proper functioning of the international monetary system; (2) it is important to have the most feasible current and complete information on the kind and source of capital flows, including transactions by large United States businesses and their foreign affiliates; and (3) additional authority should be provided to collect information on capital flows under section 5(b) of the Trading With the Enemy Act (50 App. U.S.C. 5(b)) and section 8 of the Bretton Woods Agreement Act (22 U.S.C. 286f). (b) In this section, 'United States person' and 'foreign person controlled by a United States person' have the same meanings given those terms in section 7(f)(2)(A) and (C), respectively, of the Securities and Exchange Act of 1934 (15 U.S.C. 78g(f)(2)(A), (C)). (c) The Secretary of the Treasury shall prescribe regulations consistent with subsection (a) of this section requiring reports on foreign currency transactions conducted by a United States person or a foreign person controlled by a United States person. The regulations shall require that a report contain information and be submitted at the time and in the way, with reasonable exceptions and classifications, necessary to carry out this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 997.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5315(a) 31:1141. Sept. 21, 1973, Pub. L. 93-110, Sec. 201, 202, 87 Stat. 353. 5315(b), (c) 31:1142. ------------------------------- In subsection (a)(3), the words 'it is desirable to emphasize this objective . . . existing legal' are omitted as unnecessary. In subsection (c), the words '(hereafter referred to as the 'Secretary')' are omitted because of the restatement. The words 'under the authority of this subchapter and any other authority conferred by law' are omitted as surplus. The word 'prescribe' is substituted for 'supplement' for clarity. The words 'the statement of findings under' and 'the submission of' are omitted as surplus. The words 'Reports required under this subchapter shall cover foreign currency transactions' are omitted because of the restatement. The words 'such terms are' and 'the policy of' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT Section 5(b) of the Trading With the Enemy Act, referred to in subsec. (a)(3), is also classified to section 95a of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5311, 5313, 5318, 5321, 5322 of this title. ------DocID 39498 Document 398 of 536------ -CITE- 31 USC Sec. 5316 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5316. Reports on exporting and importing monetary instruments -STATUTE- (a) Except as provided in subsection (c) of this section, a person or an agent or bailee of the person shall file a report under subsection (b) of this section when the person, agent, or bailee knowingly - (1) transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time - (A) from a place in the United States to or through a place outside the United States; or (B) to a place in the United States from or through a place outside the United States; or (2) receives monetary instruments of more than $10,000 at one time transported into the United States from or through a place outside the United States. (b) A report under this section shall be filed at the time and place the Secretary of the Treasury prescribes. The report shall contain the following information to the extent the Secretary prescribes: (1) the legal capacity in which the person filing the report is acting. (2) the origin, destination, and route of the monetary instruments. (3) when the monetary instruments are not legally and beneficially owned by the person transporting the instruments, or if the person transporting the instruments personally is not going to use them, the identity of the person that gave the instruments to the person transporting them, the identity of the person who is to receive them, or both. (4) the amount and kind of monetary instruments transported. (5) additional information. (c) This section or a regulation under this section does not apply to a common carrier of passengers when a passenger possesses a monetary instrument, or to a common carrier of goods if the shipper does not declare the instrument. (d) Cumulation of Closely Related Events. - The Secretary of the Treasury may prescribe regulations under this section defining the term 'at one time' for purposes of subsection (a). Such regulations may permit the cumulation of closely related events in order that such events may collectively be considered to occur at one time for the purposes of subsection (a). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98-473, title II, Sec. 901(c), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title I, Sec. 1358, title III, Sec. 3153, Oct. 27, 1986, 100 Stat. 3207-26, 3207-94.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5316(a) 31:1101(a). Oct. 26, 1970, Pub. L. 91-508, Sec. 231, 84 Stat. 1122. 5316(b) 31:1101(b). 5316(c) 31:1101(c). ------------------------------- In subsection (a), before clause (1), the words 'a person or an agent or bailee of the person shall' are substituted for 'whoever, whether as principal, agent, or bailee, or by an agent or bailee' for consistency. The words 'or reports' are omitted as unnecessary because of 1:1. In clause (2), the words 'transported into the United States' are substituted for 'at the termination of their transportation to the United States' for consistency and to eliminate unnecessary words. In subsection (b), before clause (1), the word 'required' is omitted as surplus. The word 'prescribes' is substituted for 'require' for consistency in the revised title and with other titles of the United States Code. The words 'to the extent' are substituted for 'in such detail' for clarity. In clause (1), the words 'with respect to the monetary instruments transported' are omitted as surplus. In clause (3), the words 'or if the person transporting the instruments personally is not going to use them' are substituted for 'or are transported for any purpose other than the use in his own behalf of the person transporting the same' for clarity. In subsection (c), the words 'or a regulation under this section' are added because of the restatement. AMENDMENTS 1986 - Subsec. (a)(1). Pub. L. 99-570, Sec. 1358(b), substituted 'transports, is about to transport, or has transported' for 'transports or has transported, or attempts to transport or have transported'. Subsec. (a)(2). Pub. L. 99-570, Sec. 1358(c), 3153, made identical amendments substituting '$10,000' for '$5,000'. Subsec. (d). Pub. L. 99-570, Sec. 1358(a), added subsec. (d). 1984 - Subsec. (a)(1). Pub. L. 98-473 inserted ', or attempts to transport or have transported,' after 'transports or has transported' and substituted '$10,000' for '$5,000'. EFFECTIVE DATE OF REGULATIONS PRESCRIBED UNDER 1986 AMENDMENT Section 1364(d) of Pub. L. 99-570 provided that: 'Any regulation prescribed under the amendments made by section 1358 (amending this section) shall apply with respect to transactions completed after the effective date of such regulation.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5317, 5319, 5321 of this title; title 18 section 982. ------DocID 39499 Document 399 of 536------ -CITE- 31 USC Sec. 5317 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5317. Search and forfeiture of monetary instruments -STATUTE- (a) The Secretary of the Treasury may apply to a court of competent jurisdiction for a search warrant when the Secretary reasonably believes a monetary instrument is being transported and a report on the instrument under section 5316 of this title has not been filed or contains a material omission or misstatement. The Secretary shall include a statement of information in support of the warrant. On a showing of probable cause, the court may issue a search warrant for a designated person or a designated or described place or physical object. This subsection does not affect the authority of the Secretary under another law. (b) Searches at Border. - For purposes of ensuring compliance with the requirements of section 5316, a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States. (c) If a report required under section 5316 with respect to any monetary instrument is not filed (or if filed, contains a material omission or misstatement of fact), the instrument and any interest in property, including a deposit in a financial institution, traceable to such instrument may be seized and forfeited to the United States Government. A monetary instrument transported by mail or a common carrier, messenger, or bailee is being transported under this subsection from the time the instrument is delivered to the United States Postal Service, common carrier, messenger, or bailee through the time it is delivered to the addressee, intended recipient, or agent of the addressee or intended recipient without being transported further in, or taken out of, the United States. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98-473, title II, Sec. 901(d), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title I, Sec. 1355, Oct. 27, 1986, 100 Stat. 3207-22.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5317(a) 31:1105. Oct. 26, 1970, Pub. L. 91-508, Sec. 232, 235, 84 Stat. 1123. 5317(b) 31:1102. ------------------------------- In subsection (a), the words 'The Secretary shall include a statement of information in support of the warrant' are substituted for 31:1105(a)(last sentence) to eliminate unnecessary words and for consistency. The word 'for' is substituted for 'authorizing the search of . . . all of the following' to eliminate unnecessary words. The words 'or more' are omitted as unnecessary because the singular includes the plural under 1:1. The words 'or premises', 'letters, parcels, packages, or other', and 'vehicles' are omitted as surplus. In subsection (b), the words 'either' and 'the possession of' are omitted as surplus. The words 'United States Postal Service' are substituted for 'postal service' for consistency with title 39. The words 'or retained in' are omitted as surplus. AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-570, Sec. 1355(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'A customs officer may stop and search, without a search warrant, a vehicle, vessel, aircraft, or other conveyance, envelope or other container, or person entering or departing from the United States with respect to which or whom the officer has reasonable cause to believe there is a monetary instrument being transported in violation of section 5316 of this title.' Subsec. (c). Pub. L. 99-570, Sec. 1355(b), amended first sentence generally. Prior to amendment, first sentence read as follows: 'A monetary instrument being transported may be seized and forfeited to the United States Government when a report on the instrument under section 5316 of this title has not been filed or contains a material omission or misstatement.' 1984 - Subsecs. (b), (c). Pub. L. 98-473, Sec. 901, added subsec. (b) and redesignated former subsec. (b) as (c). EFFECTIVE DATE OF 1986 AMENDMENT Section 1364(b) of Pub. L. 99-570 provided that: 'The amendments made by sections 1355(b) and 1357(a) (amending this section and section 5321 of this title) shall apply with respect to violations committed after the end of the 3-month period beginning on the date of the enactment of this Act (Oct. 27, 1986).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5321 of this title. ------DocID 39500 Document 400 of 536------ -CITE- 31 USC Sec. 5318 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5318. Compliance, exemptions, and summons authority -STATUTE- (a) General Powers of Secretary. - The Secretary of the Treasury may (except under section 5315 of this title and regulations prescribed under section 5315) - (1) except as provided in subsection (b)(2), delegate duties and powers under this subchapter to an appropriate supervising agency or the Postal Inspection Service and the Postal Service; (2) require a class of domestic financial institutions to maintain appropriate procedures to ensure compliance with this subchapter and regulations prescribed under this subchapter; (3) examine any books, papers, records, or other data of domestic financial institutions relevant to the recordkeeping or reporting requirements of this subchapter; (4) summon a financial institution, an officer or employee of a financial institution (including a former officer or employee), or any person having possession, custody, or care of the reports and records required under this subchapter, to appear before the Secretary of the Treasury or his delegate at a time and place named in the summons and to produce such books, papers, records, or other data, and to give testimony, under oath, as may be relevant or material to an investigation described in subsection (b); and (5) prescribe an appropriate exemption from a requirement under this subchapter and regulations prescribed under this subchapter. The Secretary may revoke an exemption by actually or constructively notifying the parties affected. A revocation is effective during judicial review. (b) Limitations on Summons Power. - (1) Scope of power. - The Secretary of the Treasury may take any action described in paragraph (3) or (4) of subsection (a) only in connection with investigations for the purpose of civil enforcement of violations of this subchapter, section 21 of the Federal Deposit Insurance Act, section 411 (FOOTNOTE 1) of the National Housing Act, or chapter 2 of Public Law 91-508 (12 U.S.C. 1951 et seq.) or any regulation under any such provision. (FOOTNOTE 1) See References in Text note below. (2) Authority to issue. - A summons may be issued under subsection (a)(4) only by, or with the approval of, the Secretary of the Treasury or a supervisory level delegate of the Secretary of the Treasury. (c) Administrative Aspects of Summons. - (1) Production at designated site. - A summons issued pursuant to this section may require that books, papers, records, or other data stored or maintained at any place be produced at any designated location in any State or in any territory or other place subject to the jurisdiction of the United States not more than 500 miles distant from any place where the financial institution operates or conducts business in the United States. (2) Fees and travel expenses. - Persons summoned under this section shall be paid the same fees and mileage for travel in the United States that are paid witnesses in the courts of the United States. (3) No liability for expenses. - The United States shall not be liable for any expense, other than an expense described in paragraph (2), incurred in connection with the production of books, papers, records, or other data under this section. (d) Service of Summons. - Service of a summons issued under this section may be by registered mail or in such other manner calculated to give actual notice as the Secretary may prescribe by regulation. (e) Contumacy or Refusal. - (1) Referral to attorney general. - In case of contumacy by a person issued a summons under paragraph (3) or (4) of subsection (a) or a refusal by such person to obey such summons, the Secretary of the Treasury shall refer the matter to the Attorney General. (2) Jurisdiction of court. - The Attorney General may invoke the aid of any court of the United States within the jurisdiction of which - (A) the investigation which gave rise to the summons is being or has been carried on; (B) the person summoned is an inhabitant; or (C) the person summoned carries on business or may be found, to compel compliance with the summons. (3) Court order. - The court may issue an order requiring the person summoned to appear before the Secretary or his delegate to produce books, papers, records, and other data, to give testimony as may be necessary to explain how such material was compiled and maintained, and to pay the costs of the proceeding. (4) Failure to comply with order. - Any failure to obey the order of the court may be punished by the court as a contempt thereof. (5) Service of process. - All process in any case under this subsection may be served in any judicial district in which such person may be found. (f) Written and Signed Statement Required. - No person shall qualify for an exemption under subsection (a)(5) unless the relevant financial institution prepares and maintains a statement which - (1) describes in detail the reasons why such person is qualified for such exemption; and (2) contains the signature of such person. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 999; Pub. L. 99-570, title I, Sec. 1356(a), (b), (c)(2), Oct. 27, 1986, 100 Stat. 3207-23, 3207-24; Pub. L. 100-690, title VI, Sec. 6185(e), 6469(c), Nov. 18, 1988, 102 Stat. 4357, 4377.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5318 31:1054(a), (b)(1st Oct. 26, 1970, Pub. sentence). L. 91-508, Sec. 205(a), (b)(1st sentence), 206, 84 Stat. 1120. 31:1055. ------------------------------- In the section, before clause (1), the words 'have the responsibility to assure compliance with the requirements of this chapter' in 31:1054(a) are omitted as unnecessary because of section 321 of the revised title. The words '(except under section 5315 of this title and regulations prescribed under section 5315)' are added because 31:1141-1143 was not enacted as a part of the Currency and Foreign Transactions Reporting Act that is restated in this subchapter. In clause (1), the words 'duties and powers' are substituted for 'responsibilities' for consistency in the revised title and with other titles of the United States Code. The words 'bank supervisory agency, or other' are omitted as surplus. In clause (2), the words 'by regulation' and 'as he may deem' are omitted as surplus. The words 'and regulations prescribed under this subchapter' are added because of the restatement. In clause (3), the word 'prescribe' is substituted for 'make' in 31:1055 for consistency in the revised title and with other titles of the Code. The words 'otherwise imposed', 31:1055(1st sentence), and the words 'in his discretion' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT Section 21 of the Federal Deposit Insurance Act, referred to in subsec. (b)(1), is classified to section 1829b of Title 12, Banks and Banking. Section 411 of the National Housing Act, referred to in subsec. (b)(1), which was classified to section 1730d of Title 12, was repealed by Pub. L. 101-73, title IV, Sec. 407, Aug. 9, 1989, 103 Stat. 363. Chapter 2 of Public Law 91-508 (12 U.S.C. 1951 et seq.), referred to in subsec. (b)(1), probably means chapter 2 (Sec. 121 to 129) of title I of Pub. L. 91-508, Oct. 26, 1970, 84 Stat. 1116, which is classified generally to chapter 21 (Sec. 1951 et seq.) of Title 12. -MISC2- AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 6469(c), inserted 'or the Postal Inspection Service' after 'appropriate supervising agency'. Pub. L. 100-690, Sec. 6185(e), inserted 'and the Postal Service' after 'appropriate supervising agency'. 1986 - Pub. L. 99-570, Sec. 1356(c)(2), substituted 'Compliance, exemptions, and summons authority' for 'Compliance and exemptions' in section catchline. Subsec. (a). Pub. L. 99-570, Sec. 1356(a)(1)-(5), designated existing provisions as subsec. (a), added subsec. heading, inserted 'except as provided in subsection (b)(2),' in par. (1), added pars. (3) and (4), and redesignated former par. (3) as (5). Subsecs. (b) to (e). Pub. L. 99-570, Sec. 1356(a)(6), added subsecs. (b) to (e). Subsec. (f). Pub. L. 99-570, Sec. 1356(b), added subsec. (f). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5321, 5322 of this title. ------DocID 39501 Document 401 of 536------ -CITE- 31 USC Sec. 5319 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5319. Availability of reports -STATUTE- The Secretary of the Treasury shall make information in a report filed under section 5313, 5314, or 5316 of this title available to an agency on request of the head of the agency. The report shall be available for a purpose consistent with those sections or a regulation prescribed under those sections. However, a report and records of reports are exempt from disclosure under section 552 of title 5. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 999.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5319 31:1052(j). Oct. 26, 1970, Pub. L. 91-508, Sec. 203(j), 212, 84 Stat. 1120, 1121. 31:1061. ------------------------------- The words 'upon such conditions and pursuant to such procedures as he may by regulation prescribe' and 'set forth' in 31:1061, and the word 'specifically' in 31:1052(j), are omitted as surplus. ------DocID 39502 Document 402 of 536------ -CITE- 31 USC Sec. 5320 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5320. Injunctions -STATUTE- When the Secretary of the Treasury believes a person has violated, is violating, or will violate this subchapter or a regulation prescribed or order issued under this subchapter, the Secretary may bring a civil action in the appropriate district court of the United States or appropriate United States court of a territory or possession of the United States to enjoin the violation or to enforce compliance with the subchapter, regulation, or order. An injunction or temporary restraining order shall be issued without bond. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 999.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5320 31:1057. Oct. 26, 1970, Pub. L. 91-508, Sec. 208, 84 Stat. 1120. 31:1143(b)(words Sept. 21, 1973, Pub. before last comma). L. 93-110, Sec. 203(b)(words before last comma), 87 Stat. 353. ------------------------------- The words 'has violated, is violating, or will violate this subchapter' are substituted for 'has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of the provisions of this chapter' in 31:1057 and 'failed to submit a report required under any rule or regulation issued under this subchapter or has violated any rule or regulation issued hereunder' in 31:1143(b)(words before last comma) to eliminate unnecessary words. The words 'or a regulation prescribed' are added because of the restatement. The words 'in his discretion' are omitted as surplus. The word 'civil' is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word 'possession' is substituted for 'other place subject to the jurisdiction' for consistency in the revised title and with other titles of the United States Code. The words 'or to enforce compliance with the subchapter, regulation, or order' are substituted for 31:1057(last sentence) and the words 'a mandatory injunction commanding such person to comply with such rule or regulation' in 31:1143(b)(words before last comma) to eliminate unnecessary words. The words 'and upon a proper showing . . . permanent or' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5321 of this title. ------DocID 39503 Document 403 of 536------ -CITE- 31 USC Sec. 5321 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5321. Civil penalties -STATUTE- (a)(1) A domestic financial institution, and a partner, director, officer, or employee of a domestic financial institution, willfully violating this subchapter or a regulation prescribed under this subchapter (except sections 5314 and 5315 of this title or a regulation prescribed under sections 5314 and 5315) is liable to the United States Government for a civil penalty of not more than the greater of the amount (not to exceed $100,000) involved in the transaction (if any) or $25,000. For a violation of section 5318(a)(2) of this title or a regulation prescribed under section 5318(a)(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues. (2) The Secretary of the Treasury may impose an additional civil penalty on a person not filing a report, or filing a report containing a material omission or misstatement, under section 5316 of this title or a regulation prescribed under section 5316. A civil penalty under this paragraph may not be more than the amount of the monetary instrument for which the report was required. A civil penalty under this paragraph is reduced by an amount forfeited under section 5317(b) of this title. (3) A person not filing a report under a regulation prescribed under section 5315 of this title or not complying with an injunction under section 5320 of this title enjoining a violation of, or enforcing compliance with, section 5315 or a regulation prescribed under section 5315, is liable to the Government for a civil penalty of not more than $10,000. (4) Structured Transaction Violation. - (A) Penalty authorized. - The Secretary of the Treasury may impose a civil money penalty on any person who willfully violates any provision of section 5324. (B) Maximum amount limitation. - The amount of any civil money penalty imposed under subparagraph (A) shall not exceed the amount of the coins and currency (or such other monetary instruments as the Secretary may prescribe) involved in the transaction with respect to which such penalty is imposed. (C) Coordination with forfeiture provision. - The amount of any civil money penalty imposed by the Secretary under subparagraph (A) shall be reduced by the amount of any forfeiture to the United States under section 5317(d) in connection with the transaction with respect to which such penalty is imposed. (5) Foreign Financial Agency Transaction Violation. - (A) Penalty authorized. - The Secretary of the Treasury may impose a civil money penalty on any person who willfully violates any provision of section 5314. (B) Maximum amount limitation. - The amount of any civil money penalty imposed under subparagraph (A) shall not exceed - (i) in the case of violation of such section involving a transaction, the greater of - (I) the amount (not to exceed $100,000) of the transaction; or (II) $25,000; and (ii) in the case of violation of such section involving a failure to report the existence of an account or any identifying information required to be provided with respect to such account, the greater of - (I) an amount (not to exceed $100,000) equal to the balance in the account at the time of the violation; or (II) $25,000. (6) Negligence. - The Secretary of the Treasury may impose a civil money penalty of not more than $500 on any financial institution which negligently violates any provision of this subchapter or any regulation prescribed under this subchapter. (b) Time Limitations for Assessments and Commencement of Civil Actions. - (1) Assessments. - The Secretary of the Treasury may assess a civil penalty under subsection (a) at any time before the end of the 6-year period beginning on the date of the transaction with respect to which the penalty is assessed. (2) Civil actions. - The Secretary may commence a civil action to recover a civil penalty assessed under subsection (a) at any time before the end of the 2-year period beginning on the later of - (A) the date the penalty was assessed; or (B) the date any judgment becomes final in any criminal action under section 5322 in connection with the same transaction with respect to which the penalty is assessed. (c) The Secretary may remit any part of a forfeiture under subsection (c) or (d) of section 5317 of this title or civil penalty under subsection (a)(2) of this section. (d) Criminal Penalty Not Exclusive of Civil Penalty. - A civil money penalty may be imposed under subsection (a) with respect to any violation of this subchapter notwithstanding the fact that a criminal penalty is imposed with respect to the same violation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 999; Pub. L. 98-473, title II, Sec. 901(a), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title I, Sec. 1356(c)(1), 1357(a)-(f), (h), Oct. 27, 1986, 100 Stat. 3207-24 - 3207-26; Pub. L. 100-690, title VI, Sec. 6185(g)(2), Nov. 18, 1988, 102 Stat. 4357.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5321(a)(1) 31:1054(b)(last Oct. 26, 1970, Pub. sentence related to L. 91-508, Sec. civil penalties). 205(b)(last sentence related to civil penalties), 207, 233, 234, 84 Stat. 1120, 1123. 31:1056(a). 5321(a)(2) 31:1103. 5321(a)(3) 31:1143(a), Sept. 21, 1973, Pub. (b)(words after L. 93-110, Sec. last comma). 203(a), (b)(words after last comma), 87 Stat. 353. 5321(b) 31:1056(b). 5321(c) 31:1104. ------------------------------- In subsection (a)(1), the words 'or a regulation prescribed under this subchapter' are added because of the restatement. The words '(except section 5315 of this title or a regulation prescribed under section 5315)' are added because 31:1141-1143 was not enacted as a part of the Currency and Foreign Transactions Reporting Act that is restated in this subchapter. The words 'is liable to the United States Government for' are substituted for 'the Secretary may assess upon' in 31:1056(a) for consistency in the revised title and with other titles of the United States Code. The words 'the purposes of both civil and criminal penalties for' in 31:1054(b)(last sentence)(related to civil penalties) are omitted, and the words 'or a regulation prescribed under section 5318(2)' are added, because of the restatement. The words 'the violation continues' are added for consistency in the revised title and with other titles of the Code. The word 'separate' before 'office' is omitted as surplus. In subsection (a)(2), the word 'impose' is substituted for 'assess' for consistency in the revised title and with other titles of the Code. The word 'additional' is substituted for 31:1103(last sentence words before last comma) to eliminate unnecessary words. The words 'or a regulation prescribed under section 5316' are added because of the restatement. The words 'amount of this', 'to be filed', and 'actually' are omitted as surplus. Subsection (a)(3) is substituted for 31:1143(a) and (b)(words after last comma) for clarity and consistency and because of the restatement. In subsection (b), the words 'in the discretion of', 'in the name of the United States', and 'of any person' are omitted as surplus. In subsection (c), the words 'in his discretion' and 'upon such terms and conditions as he deems reasonable and just' are omitted as surplus. The word 'civil' is added for clarity. AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-690 inserted '(if any)' after 'transaction'. 1986 - Subsec. (a)(1). Pub. L. 99-570, Sec. 1356(c)(1), 1357(b), substituted 'sections 5314 and 5315' for 'section 5315' in two places, substituted '5318(a)(2)' for '5318(2)' in two places, and substituted 'the greater of the amount (not to exceed $100,000) involved in the transaction or $25,000' for '$10,000'. Subsec. (a)(4). Pub. L. 99-570, Sec. 1357(a), added par. (4). Subsec. (a)(5). Pub. L. 99-570, Sec. 1357(c), added par. (5). Subsec. (a)(6). Pub. L. 99-570, Sec. 1357(d), added par. (6). Subsec. (b). Pub. L. 99-570, Sec. 1357(e), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'The Secretary may bring a civil action to recover a civil penalty under subsection (a)(1) or (2) of this section that has not been paid.' Subsec. (c). Pub. L. 99-570, Sec. 1357(h), substituted 'subsection (c) or (d) of section 5317' for 'section 5317(b)'. Subsec. (d). Pub. L. 99-570, Sec. 1357(f), added subsec. (d). 1984 - Subsec. (a)(1). Pub. L. 98-473 substituted '$10,000' for '$1,000'. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1357(a) of Pub. L. 99-570, applicable with respect to violations committed after the end of the 3-month period beginning Oct. 27, 1986, see section 1364(b) of Pub. L. 99-570, set out as a note under section 5317 of this title. Section 1364(c) of Pub. L. 99-570 provided that: 'The amendments made by section 1357 (other than subsection (a) of such section) (amending sections 5321 and 5322 of this title) shall apply with respect to violations committed after the date of the enactment of this Act (Oct. 27, 1986).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 1829b. ------DocID 39504 Document 404 of 536------ -CITE- 31 USC Sec. 5322 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5322. Criminal penalties -STATUTE- (a) A person willfully violating this subchapter or a regulation prescribed under this subchapter (except section 5315 of this title or a regulation prescribed under section 5315) shall be fined not more than $250,000, or imprisonment (FOOTNOTE 1) not more than five years, or both. (FOOTNOTE 1) So in original. Probably should be 'imprisoned for'. (b) A person willfully violating this subchapter or a regulation prescribed under this subchapter (except section 5315 of this title or a regulation prescribed under section 5315), while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period, shall be fined not more than $500,000, imprisoned for not more than 10 years, or both. (c) For a violation of section 5318(a)(2) of this title or a regulation prescribed under section 5318(a)(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98-473, title II, Sec. 901(b), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title I, Sec. 1356(c)(1), 1357(g), Oct. 27, 1986, 100 Stat. 3207-24, 3207-26.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 5322(a) 31:1058. Oct. 26, 1970, Pub. L. 91-508, Sec. 205(b)(last sentence related to criminal penalties), 209, 210, 84 Stat. 1120, 1121. 5322(b) 31:1059. 5322(c) 31:1054(b)(last sentence related to criminal penalties). ------------------------------- In subsections (a) and (b), the words '(except section 5315 of this title or a regulation prescribed under section 5315)' are added because 31:1141-1143 was not enacted as part of the Currency and Foreign Transactions Reporting Act that is restated in the subchapter. In subsection (a), the word 'prescribed' is added for consistency. In subsection (b), the words 'or a regulation prescribed under this subchapter' are added because of the restatement. The words 'committed' and 'the commission of' are omitted as surplus. The words 'United States' are substituted for 'Federal' for consistency in the revised title and with other titles of the United States Code. In subsection (c), the words 'the purposes of both civil and criminal penalties for' are omitted because of the restatement. The word 'separate' before 'office' is omitted as surplus. AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-570, Sec. 1357(g), substituted 'any illegal activity involving' for 'illegal activity involving transactions of' and '10 years' for '5 years'. Subsec. (c). Pub. L. 99-570, Sec. 1356(c)(1), substituted '5318(a)(2)' for '5318(2)' in two places. 1984 - Subsec. (a). Pub. L. 98-473, which directed the substitution of '$250,000, or imprisonment not more than five years, or both' for '$1,000, or imprisonment not more than one year, or both', was executed by substituting the quoted wording for '$1,000, imprisoned for not more than one year, or both' to reflect the probable intent of Congress. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1357(g) of Pub. L. 99-570 applicable with respect to violations committed after Oct. 27, 1986, see section 1364(c) of Pub. L. 99-570, set out as a note under section 5321 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5321 of this title; title 18 section 2516. ------DocID 39505 Document 405 of 536------ -CITE- 31 USC Sec. 5323 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5323. Rewards for informants -STATUTE- (a) The Secretary may pay a reward to an individual who provides original information which leads to a recovery of a criminal fine, civil penalty, or forfeiture, which exceeds $50,000, for a violation of this chapter. (b) The Secretary shall determine the amount of a reward under this section. The Secretary may not award more than 25 per centum of the net amount of the fine, penalty, or forfeiture collected or $150,000, whichever is less. (c) An officer or employee of the United States, a State, or a local government who provides information described in subsection (a) in the performance of official duties is not eligible for a reward under this section. (d) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 901(e), Oct. 12, 1984, 98 Stat. 2135.) ------DocID 39506 Document 406 of 536------ -CITE- 31 USC Sec. 5324 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5324. Structuring transactions to evade reporting requirement prohibited -STATUTE- No person shall for the purpose of evading the reporting requirements of section 5313(a) with respect to such transaction - (1) cause or attempt to cause a domestic financial institution to fail to file a report required under section 5313(a); (2) cause or attempt to cause a domestic financial institution to file a report required under section 5313(a) that contains a material omission or misstatement of fact; or (3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions. -SOURCE- (Added Pub. L. 99-570, title I, Sec. 1354(a), Oct. 27, 1986, 100 Stat. 3207-22.) -MISC1- EFFECTIVE DATE Section 1364(a) of Pub. L. 99-570 provided that: 'The amendment made by section 1354 (enacting this section) shall apply with respect to transactions for the payment, receipt, or transfer of United States coins or currency or other monetary instruments completed after the end of the 3-month period beginning on the date of the enactment of this Act (Oct. 27, 1986).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5321 of this title; title 18 sections 981, 982. ------DocID 39507 Document 407 of 536------ -CITE- 31 USC Sec. 5325 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5325. Identification required to purchase certain monetary instruments -STATUTE- (a) In General. - No financial institution may issue or sell a bank check, cashier's check, traveler's check, or money order to any individual in connection with a transaction or group of such contemporaneous transactions which involves United States coins or currency (or such other monetary instruments as the Secretary may prescribe) in amounts or denominations of $3,000 or more unless - (1) the individual has a transaction account with such financial institution and the financial institution - (A) verifies that fact through a signature card or other information maintained by such institution in connection with the account of such individual; and (B) records the method of verification in accordance with regulations which the Secretary of the Treasury shall prescribe; or (2) the individual furnishes the financial institution with such forms of identification as the Secretary of the Treasury may require in regulations which the Secretary shall prescribe and the financial institution verifies and records such information in accordance with regulations which such Secretary shall prescribe. (b) Report to Secretary Upon Request. - Any information required to be recorded by any financial institution under paragraph (1) or (2) of subsection (a) shall be reported by such institution to the Secretary of the Treasury at the request of such Secretary. (c) Transaction Account Defined. - For purposes of this section, the term 'transaction account' has the meaning given to such term in section 19(b)(1)(C) of the Federal Reserve Act. -SOURCE- (Added Pub. L. 100-690, title VI, Sec. 6185(b), Nov. 18, 1988, 102 Stat. 4355.) -REFTEXT- REFERENCES IN TEXT Section 19(b)(1)(C) of the Federal Reserve Act, referred to in subsec. (c), is classified to section 461(b)(1)(C) of Title 12, Banks and Banking. ------DocID 39508 Document 408 of 536------ -CITE- 31 USC Sec. 5326 -EXPCITE- TITLE 31 SUBTITLE IV CHAPTER 53 SUBCHAPTER II -HEAD- Sec. 5326. Records of certain domestic coin and currency transactions -STATUTE- (a) In General. - If the Secretary of the Treasury finds, upon the Secretary's own initiative or at the request of an appropriate Federal or State law enforcement official, that reasonable grounds exist for concluding that additional recordkeeping and reporting requirements are necessary to carry out the purposes of this subtitle and prevent evasions thereof, the Secretary may issue an order requiring any domestic financial institution or group of domestic financial institutions in a geographic area - (1) to obtain such information as the Secretary may describe in such order concerning - (A) any transaction in which such financial institution is involved for the payment, receipt, or transfer of United States coins or currency (or such other monetary instruments as the Secretary may describe in such order) the total amounts or denominations of which are equal to or greater than an amount which the Secretary may prescribe; and (B) any other person participating in such transaction; (2) to maintain a record of such information for such period of time as the Secretary may require; and (3) to file a report with respect to any transaction described in paragraph (1)(A) in the manner and to the extent specified in the order. (b) Maximum Effective Period for Order. - No order issued under subsection (a) shall be effective for more than 60 days unless renewed pursuant to the requirements of subsection (a). -SOURCE- (Added Pub. L. 100-690, title VI, Sec. 6185(c), Nov. 18, 1988, 102 Stat. 4355.) ------DocID 39509 Document 409 of 536------ -CITE- 31 USC SUBTITLE V -EXPCITE- TITLE 31 SUBTITLE V -HEAD- SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION -MISC1- Chap. Sec. 61. Program Information 6101 62. Consolidated Federal Funds Report 6201 63. Using Procurement Contracts and Grant and Cooperative Agreements 6301 65. Intergovernmental Cooperation 6501 (67. Repealed.) 69. Payment for Entitlement Land 6901 71. Joint Funding Simplification 7101 73. Administering Block Grants 7301 75. Requirements for Single Audits 7501 AMENDMENTS 1986 - Pub. L. 99-547, Sec. 2(c), Oct. 27, 1986, 100 Stat. 3060, added item for chapter 62. Pub. L. 99-272, title XIV, Sec. 14001(b)(1), Apr. 7, 1986, 100 Stat. 328, struck out item for chapter 67 'Revenue Sharing'. 1984 - Pub. L. 98-502, Sec. 2(c), Oct. 19, 1984, 98 Stat. 2334, added item for chapter 75. ------DocID 39510 Document 410 of 536------ -CITE- 31 USC CHAPTER 61 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 61 -HEAD- CHAPTER 61 - PROGRAM INFORMATION -MISC1- Sec. 6101. Definitions. 6102. Program information requirements. 6102a. Assistance awards information system. 6103. Access to computer information system. 6104. Catalog of Federal domestic assistance programs. 6105. Oversight responsibility of Director. 6106. Authorization of appropriations. AMENDMENTS 1983 - Pub. L. 98-169, Sec. 6, Nov. 29, 1983, 97 Stat. 1115, added items 6105 and 6106, and struck out item 6105 'Authorization of appropriations'. Pub. L. 97-452, Sec. 1(23)(B), Jan. 12, 1983, 96 Stat. 2478, added item 6102a. ------DocID 39511 Document 411 of 536------ -CITE- 31 USC Sec. 6101 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 61 -HEAD- Sec. 6101. Definitions -STATUTE- In this chapter - (1) 'administering office' means the lowest unit of an agency responsible for managing a domestic assistance program. (2) 'agency' has the same meaning given that term in section 551(1) of title 5. (3) 'assistance' - (A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including - (i) financial assistance; (ii) United States Government facilities, services, and property; and (iii) expert and technical information; and (B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government. (4) 'domestic assistance program' - (A) means assistance from an agency for - (i) a State; (ii) the District of Columbia; (iii) a territory or possession of the United States; (iv) a county; (v) a city; (vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)-(v) of this clause (A); (vii) a domestic corporation; (viii) a domestic institution; and (ix) an individual of the United States; and (B) does not include assistance from an agency for an agency (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should be followed by a period. (5) 'Director' means the Director of the Office of Management and Budget. (6) 'Administrator' means the Administrator of General Services. (7) 'formula' means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either - (A) a closed mathematical statement; or (B) an iterative procedure or algorithm which can be written as a computer program; and from which the results can be objectively replicated, within reasonable limits due to rounding error, through independent application of such statement, procedures, or algorithm, by different qualified individuals. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98-169, Sec. 1(1), 3(a), Nov. 29, 1983, 97 Stat. 1113; Pub. L. 99-547, Sec. 2(b)(2), Oct. 27, 1986, 100 Stat. 3060.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6101(1) 31:1701(4). Dec. 28, 1977, Pub. L. 95-220, Sec. 2, 91 Stat. 1615. 6101(2) 31:1701(2). 6101(3) 31:1701(1). 6101(4) 31:1701(3). ------------------------------- In the section, the word 'Federal' is omitted as unnecessary. In clause (1), the word 'unit' is substituted for 'subdivision' for consistency in the revised title. The words 'direct operational' are omitted as unnecessary. In clause (3)(A), the words 'money, property, services, or' are omitted as being included in 'anything of value'. The word 'for' is substituted for 'the principal purpose of which is to accomplish' to eliminate unnecessary words. In subclause (i), the words 'grants, loans, loan guarantees, scholarships, mortgage loans, insurance or other types of' are omitted as being included in 'financial assistance'. In subclause (ii), the word 'goods' is omitted as being included in 'property'. The words 'and service activities of regulatory agencies' are omitted as being included in 'services'. In subclause (iii), the words 'expert and technical information' are substituted for 'technical assistance, and counseling, statistical and other expert information' to eliminate unnecessary words. In clause (3)(B), the words 'or procurement of property or services for the direct benefit or use of the Government' are added for consistency in subtitle V of the revised title. In clause (4)(A), the words 'or benefits' are omitted as being included in 'assistance'. Subclause (ii) is included for consistency in the revised title because the District of Columbia is stated when a provision is meant to apply to the District. In subclause (vi), the word 'grouping' is omitted as being included in 'political subdivision or instrumentality'. In subclauses (vii)-(ix), the words 'profit or nonprofit' are omitted as surplus. In subclause (ix), the words 'individual of the United States' are substituted for 'domestic . . . individual' for clarity. AMENDMENTS 1986 - Par. (4)(B). Pub. L. 99-547 substituted 'assistance from an agency for an agency' for 'a department, agency, or instrumentality of the Government.' 1983 - Pars. (5), (6). Pub. L. 98-169, Sec. 1(1), added pars. (5) and (6). Par. (7). Pub. L. 98-169, Sec. 3(a), added par. (7). TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND APPROPRIATIONS Section 7 of Pub. L. 98-169 provided that: 'The Director of the Office of Management and Budget shall transfer to the Administrator of General Services such personnel, property, records, and unexpended balances of appropriations available in connection with any authorities and responsibilities so transferred, as the Director of the Office of Management and Budget determines are necessary to carry out the responsibilities transferred pursuant to this Act (enacting sections 6105 and 6106 of this title, amending sections 6101 to 6104 of this title and repealing section 6105 of this title).' -EXEC- EX. ORD. NO. 12549. DEBARMENT AND SUSPENSION OF PARTICIPANTS IN FEDERAL PROGRAMS Ex. Ord. No. 12549, Feb. 18, 1986, 51 F.R. 6370, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government-wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government-wide criteria and government-wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government-wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government-wide criteria and government-wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make such recommendations as are appropriate further to curb fraud, waste, and abuse. Ronald Reagan. EX. ORD. NO. 12689. DEBARMENT AND SUSPENSION Ex. Ord. No. 12689, Aug. 16, 1989, 54 F.R. 34131, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to protect the interest of the Federal Government, to deal only with responsible persons, and to insure proper management and integrity in Federal activities, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) 'Procurement activities' refers to all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation. (b) 'Nonprocurment activities' refers to all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 (set out as a note above) and the Office of Management and Budget guidelines implementing that order. (c) 'Agency' refers to executive departments and agencies. Sec. 2. Governmentwide Effect. (a) To the extent permitted by law and upon resolution of differences and promulgation of final regulations pursuant to section 3 of this order, the debarment, suspension, or other exclusion of a participant in a procurement activity under the Federal Acquisition Regulation, or in a nonprocurement activity under regulations issued pursuant to Executive Order No. 12549, shall have governmentwide effect. No agency shall allow a party to participate in any procurement or nonprocurement activity if any agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in a procurement or nonprocurement activity. (b) An agency may grant an exception permitting a debarred, suspended, or otherwise excluded party to participate in procurement activities of that agency to the extent exceptions are authorized under the Federal Acquisition Regulation, or to participate in nonprocurement activities of that agency to the extent exceptions are authorized under regulations issued pursuant to Executive Order No. 12549. Sec. 3. Implementation. (a) The Office of Management and Budget may assist Federal agencies in resolving differences between the provisions contained in the Federal Acquisition Regulation and in regulations issued pursuant to Executive Order No. 12549. The Office of Management and Budget may determine the date of resolution of differences and then shall notify affected agencies of that date. (b) To implement this order, proposed regulations amending the Federal Acquisition Regulation and the agency regulations issued pursuant to Executive Order No. 12549 shall be published simultaneously within 6 months of the resolution of differences. (c) Final regulations shall be published simultaneously within 12 months of the publication of the proposed regulations, to be effective 30 days thereafter. George Bush. ------DocID 39512 Document 412 of 536------ -CITE- 31 USC Sec. 6102 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 61 -HEAD- Sec. 6102. Program information requirements -STATUTE- (a) The Director shall collect and review information on domestic assistance programs and shall provide such information to the Administrator. The information on each domestic assistance program shall include the following: (1) identification of the program by - (A) title; (B) authorizing law; (C) administering office; and (D) an identifying number assigned by the Director. (2) a description of the - (A) program; (B) objectives of the program; (C) types of activities financed under the program; (D) eligibility requirements; (E) types of assistance; (F) uses, and restrictions on the use, of assistance; and (G) duties of recipients under the program. (3) a specification of each formula governing eligibility for assistance or the distribution of assistance under the program, which shall be described through the use of - (A) the language used to specify each such formula in the law authorizing the program; (B) the language used to specify each such formula in any Federal rule promulgated pursuant to the law authorizing the program; or (C) a mathematical statement which is derived from the language referred to in subparagraphs (A) and (B) of this paragraph; (4) a description of all data and statistical estimates used to carry out each formula specified pursuant to paragraph (3), and an identification of the sources of such data and estimates; (5) financial information, including the - (A) amounts appropriated for the current fiscal year or, if unavailable, the amounts requested by the President and the amounts obligated; and (B) average amounts of awards made in past years. (6) identification of information contacts, including the administering office and regional and local offices with their addresses and telephone numbers. (7) a general description of - (A) the application requirements and procedures; and (B) to the extent practical, an estimate of the time required to process the application. (b) On request of the Director, an agency shall give to the Director current information on all domestic assistance programs administered by the agency. The Director shall be responsible for ensuring that the Administrator incorporates all relevant information received on a regular basis. (c) The Administrator - (1) shall ensure that information and catalogs under this chapter are made available to the public at reasonable prices; (2) may develop information services to assist State and local governments in identifying and obtaining sources of assistance; (3) shall ensure that the information in the computerized system is made current on a regular basis and that the printed catalog and supplements thereto contain the most current data available at the time of printing; and (4) shall transmit annually the information compiled under paragraphs (3) and (4) of subsection (a) to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1001; Pub. L. 98-169, Sec. 1(2), 2, 3(b), (c), Nov. 29, 1983, 97 Stat. 1113, 1114.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6102(a). 31:1703(a) Dec. 28, 1977, Pub. L. 95-220, Sec. 4, 5(d), (e), 91 Stat. 1615, 1616. 6102(b) 31:1703(b). 6102(c) 31:1704(d), (e). ------------------------------- In subsection (a), before clause (1), the words in parentheses are omitted as unnecessary because of the restatement. The words 'information on domestic assistance programs. The information on each domestic assistance program shall include the following' are substituted for 'a Federal Assistance Information Data Base . . . For each Federal domestic assistance program the data base shall' for clarity and consistency. In clause (1)(A), the word 'law' is substituted for 'statute' for consistency. In clause (2)(H), the word 'obligations' is omitted as surplus. In subsection (c)(1), the word 'catalogs' is added for clarity. In subsection (c)(2), the words 'further', 'officials', and 'Federal' are omitted as unnecessary. AMENDMENTS 1983 - Subsec. (a). Pub. L. 98-169, Sec. 2(1), substituted 'collect and review information on domestic assistance programs and shall provide such information to the Administrator' for 'prepare and maintain information on domestic assistance programs'. Pub. L. 98-169, Sec. 1(2), substituted 'Director' for 'Director of the Office of Management and Budget'. Subsec. (a)(2)(E) to (H). Pub. L. 98-169, Sec. 3(b)(1), struck out subpar. (E) relating to formulas governing distribution of amounts, and redesignated subpars. (F) to (H) as (E) to (G), respectively. Subsec. (a)(3) to (7). Pub. L. 98-169, Sec. 3(b)(2), (3), added pars. (3) and (4) and redesignated former pars. (3) to (5) as (5) to (7), respectively. Subsec. (b). Pub. L. 98-169, Sec. 2(2), substituted 'The Director shall be responsible for ensuring that the Administrator incorporates all relevant information received on a regular basis' for 'The Director shall incorporate on a regular basis all relevant information received'. Subsec. (c). Pub. L. 98-169, Sec. 2(3), substituted 'Administrator' for 'Director'. Subsec. (c)(3). Pub. L. 98-169, Sec. 2(4), added par. (3). Subsec. (c)(4). Pub. L. 98-169, Sec. 3(c), added par. (4). CONSOLIDATED FEDERAL FUNDS REPORT Pub. L. 97-326, Oct. 15, 1982, 96 Stat. 1607, as amended by Pub. L. 97-452, Sec. 4(b), Jan. 12, 1983, 96 Stat. 2480, known as the 'Consolidated Federal Funds Report Act of 1982', which required the Director of the Office of Management and Budget to prepare Consolidated Federal Funds Reports for the fiscal years 1981 through 1985, was repealed by Pub. L. 99-547, Sec. 2(d), Oct. 27, 1986, 100 Stat. 3060, effective May 1, 1986. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6103, 6104 of this title. ------DocID 39513 Document 413 of 536------ -CITE- 31 USC Sec. 6102a -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 61 -HEAD- Sec. 6102a. Assistance awards information system -STATUTE- (a) The Director shall - (1) maintain the United States Government assistance awards information system established as a result of the study conducted under section 9 of the Federal Program Information Act; and (2) update the system on a quarterly basis. (b) To carry out subsection (a) of this section, the Director - (1) may delegate the responsibility for carrying out subsection (a) of this section to the head of another executive agency; (2) shall review a report the head of an agency submits to the Director on the method of carrying out subsection (a) of this section; and (3) may validate, by appropriate means, the method by which an agency prepares the report. (c) The Director shall transmit promptly after the end of each calendar quarter, free of charge, the data in the system required by subsection (a) to the Committee on Rules and Administration of the Senate and to the Committee on House Administration of the House of Representatives. -SOURCE- (Added Pub. L. 97-452, Sec. 1(23)(A), Jan. 12, 1983, 96 Stat. 2477, and amended Pub. L. 98-169, Sec. 1(2), Nov. 29, 1983, 97 Stat. 1113; Pub. L. 99-547, Sec. 2(b)(1), Oct. 27, 1986, 100 Stat. 3060.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6102a 31 App.:6102(note). Oct. 15, 1982, Pub. L. 97-326, Sec. 8, 96 Stat. 1609. ------------------------------- In subsection (a)(1), the words 'operate and' are omitted as surplus. The words 'United States Government' are substituted for 'Federal' for consistency in the revised title and with other titles of the United States Code. The words 'information system' are substituted for 'data system' for consistency with 31:6102. The words 'by the Director' are omitted as surplus. In subsection (b)(1), the words 'the head of another executive agency' are substituted for 'any authority of the executive branch of the Federal Government' for consistency in the revised title and with other titles of the Code. In subsection (b)(2), the words 'the head of' are added for consistency in the revised title and with other titles of the Code. -REFTEXT- REFERENCES IN TEXT Section 9 of the Federal Program Information Act, referred to in subsec. (a)(1), is section 9 of Pub. L. 95-220, Dec. 28, 1977, 91 Stat. 1617, and was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068. -MISC2- AMENDMENTS 1986 - Subsec. (c). Pub. L. 99-547 added subsec. (c). 1983 - Subsec. (a). Pub. L. 98-169 substituted 'Director' for 'Director of the Office of Management and Budget'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6202, 6203 of this title. ------DocID 39514 Document 414 of 536------ -CITE- 31 USC Sec. 6103 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 61 -HEAD- Sec. 6103. Access to computer information system -STATUTE- (a) The Administrator shall maintain a computerized information system providing access to - (1) the information described in paragraphs (1), (2), (5), (6), and (7) of section 6102(a) of this title; and (2) such portions or summaries, as the Administrator considers appropriate, of the information described in paragraphs (3) and (4) of such section. (b) To the greatest extent practicable, the Administrator shall provide for the widespread availability of the information by available computer terminals. (c) When the Administrator decides the efficiency of the information system under subsection (a) of this section requires it, the Administrator may make contracts with private organizations to obtain computer time-sharing services, including - (1) computer telecommunications networks; (2) computer software; and (3) associated services. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1002; Pub. L. 98-169, Sec. 1(2), 3(d), 4, Nov. 29, 1983, 97 Stat. 1113, 1114.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6103 31:1704(a)-(c). Dec. 28, 1977, Pub. L. 95-220, Sec. 5(a)-(c), 91 Stat. 1616. ------------------------------- In subsection (a), the words 'establish and' are omitted as surplus. The word 'information' is substituted for 'data base' for consistency. The words 'described in section 6102 of this title' are added for clarity. In subsection (b), the words 'contained in the data base' are omitted as unnecessary. In subsection (c), the words 'notwithstanding another provision of law to the contrary' and 'but not limited to' are omitted as unnecessary. AMENDMENTS 1983 - Subsec. (a). Pub. L. 98-169, Sec. 3(d), amended subsec. (a) generally, substituting provisions requiring the Administrator to maintain a computerized information system providing access to the information described in section 6102(a)(1), (2), (5), (6), and (7) of this title and such portions or summaries, as the Administrator considers appropriate, of the information described in section 6102(a)(3), (4) of this title for provisions requiring the Director to maintain a computerized information system providing access to the information described in section 6102 of this title. Pub. L. 98-169, Sec. 1(2), substituted 'Director' for 'Director of the Office of Management and Budget'. Subsecs. (b), (c). Pub. L. 98-169, Sec. 4, substituted 'Administrator' for 'Director' wherever appearing. ------DocID 39515 Document 415 of 536------ -CITE- 31 USC Sec. 6104 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 61 -HEAD- Sec. 6104. Catalog of Federal domestic assistance programs -STATUTE- (a) The Administrator shall prepare and publish each year a catalog of domestic assistance programs. (b) In a form selected by the Administrator, the catalog shall contain - (1)(A) all substantive information on domestic assistance programs that, at the time the catalog is prepared, is in the system under paragraphs (1), (2), (5), (6), and (7) of section 6102(a) of this title; and (B) such portions or summaries, as the Administrator considers appropriate, of the information on domestic assistance programs that, at the time the catalog is prepared, is in the system under paragraphs (3) and (4) of section 6102(a) of this title; (2) information the Administrator decides may be helpful to a potential applicant for or beneficiary of assistance; and (3) a detailed index. (c) When the Administrator decides it is necessary, the Administrator shall prepare and publish - (1) supplements to the catalog; and (2) specialized compilations by function of information in the catalog. (d) The Administrator may distribute a catalog without cost to each - (1) member of Congress; (2) department, agency, and instrumentality of the United States Government; (3) State; (4) general purpose unit of a local government; (5) Indian tribe recognized by the United States Government; (6) depository library of Government publications; and (7) depository designated by the Administrator. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1002; Pub. L. 98-169, Sec. 1(2), 3(e), 4, Nov. 29, 1983, 97 Stat. 1113, 1114.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6104(a) 31:1705(a). Dec. 28, 1977, Pub. L. 95-220, Sec. 6, 91 Stat. 1616. 6104(b) 31:1705(d). 6104(c) 31:1705(b), (c). 6104(d) 31:1705(e). ------------------------------- In subsection (a), the words in parentheses are omitted as unnecessary. In subsection (b)(1), the word 'Federal' is omitted as unnecessary. The words 'system under section 6102(a) of this title' are substituted for 'data base' for clarity and consistency. In subsection (d), before clause (1), the text of 31:1705(e)(1) is omitted as unnecessary because of section 6102(c) of the revised title. The words 'The Director' are added for clarity and consistency. The words 'member of Congress' are substituted for 'Members of Congress, Delegates, Resident Commissioners' for consistency. In clause (6), the words 'depository library of United States Government publications' are substituted for 'Federal deposit libraries' as being more precise. In clause (7), the word 'depository' is substituted for 'other local repositories' for clarity and to eliminate unnecessary words. AMENDMENTS 1983 - Subsec. (a). Pub. L. 98-169, Sec. 4, substituted 'Administrator' for 'Director'. Pub. L. 98-169, Sec. 1(2), substituted 'Director' for 'Director of the Office of Management and Budget'. Subsec. (b). Pub. L. 98-169, Sec. 4, substituted 'Administrator' for 'Director' in provisions preceding par. (1). Subsec. (b)(1). Pub. L. 98-169, Sec. 3(e), amended par. (1) generally, substituting provisions requiring that the catalog contain all substantive information on domestic assistance programs that is in the system under section 6102(a)(1), (2), and (5)-(7) of this title, and such portions or summaries, as the Administrator considers appropriate, of information in the system under section 6102(a)(3), (4) of this title, at the time the catalog is prepared, for provision requiring that the catalog contain all such information in the system under section 6102(a) of this title at the time the catalog was prepared. Subsecs. (b)(2), (c), (d). Pub. L. 98-169, Sec. 4, substituted 'Administrator' for 'Director' wherever appearing. ------DocID 39516 Document 416 of 536------ -CITE- 31 USC Sec. 6105 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 61 -HEAD- Sec. 6105. Oversight responsibility of Director -STATUTE- The Director shall have oversight responsibility for the exercise of all authorities and responsibilities in this chapter not specifically assigned to the Director. -SOURCE- (Added Pub. L. 98-169, Sec. 5, Nov. 29, 1983, 97 Stat. 1115.) -MISC1- PRIOR PROVISIONS A prior section 6105, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1002, relating to authorization of appropriations to carry out this chapter, was repealed by section 5 of Pub. L. 98-169. See section 6106 of this title. ------DocID 39517 Document 417 of 536------ -CITE- 31 USC Sec. 6106 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 61 -HEAD- Sec. 6106. Authorization of appropriations -STATUTE- After October 1, 1983, there may be appropriated to the Administrator such sums as may be necessary to carry out the responsibilities of this chapter. -SOURCE- (Added Pub. L. 98-169, Sec. 5, Nov. 29, 1983, 97 Stat. 1115.) ------DocID 39518 Document 418 of 536------ -CITE- 31 USC CHAPTER 62 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 62 -HEAD- CHAPTER 62 - CONSOLIDATED FEDERAL FUNDS REPORT -MISC1- Sec. 6201. Definitions. 6202. Content, form, and data for report. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 6203. Printing and distribution of reports and machine-readable records. 6204. Delegation. 6205. Availability of information. 6206. Data consistency and uniformity of data elements. 6207. Authorization of appropriations. PRIOR PROVISIONS Provisions similar to this chapter were contained in Pub. L. 97-326, Oct. 15, 1982, 96 Stat. 1607, as amended, which was set out as a note under section 6102 of this title and was repealed by Pub. L. 99-547, Sec. 2(d), Oct. 27, 1986, 100 Stat. 3060, eff. May 1, 1986. ------DocID 39519 Document 419 of 536------ -CITE- 31 USC Sec. 6201 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 62 -HEAD- Sec. 6201. Definitions -STATUTE- As used in this chapter, the term - (1) 'Director' means the Director of the Office of Management and Budget; (2) 'State' means any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and (3) 'municipality' means any subcounty unit of general local government that received Federal assistance in the fiscal year that is the subject of the report. -SOURCE- (Added Pub. L. 99-547, Sec. 2(a), Oct. 27, 1986, 100 Stat. 3057.) -MISC1- SHORT TITLE Section 1 of Pub. L. 99-547 provided that: 'This Act (enacting this chapter, amending sections 6101 and 6102a of this title, enacting provisions set out as a note under section 6102 of this title, and repealing provisions set out as a note under section 6102 of this title) may be cited as the 'Consolidated Federal Funds Report Amendments of 1985'.' ------DocID 39520 Document 420 of 536------ -CITE- 31 USC Sec. 6202 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 62 -HEAD- Sec. 6202. Content, form and data for report -STATUTE- (a) For fiscal years 1986, 1987, 1988, 1989, and 1990, not later than 180 days after the end of each fiscal year, the Director shall prepare a Consolidated Federal Funds Report presenting the total amount of Federal funds that were obligated for expenditure or expended in each State, county or parish, congressional district, and municipality of the United States in appropriate general categories of Federal funds during the preceding fiscal year. To the extent practicable, such categories shall be consistently constituted from year to year. The report shall be in the form described in subsection (b) and shall be based on the data referred to in subsection (c). (b) The Director shall include in each report required by subsection (a) - (1) the total amount of Federal funds that were reported obligated for expenditure in each State, county or parish, congressional district, and municipality of the United States in appropriate general categories of Federal funds in the fiscal year preceding the fiscal year in which the report is made; or (2) the total amount of Federal funds that were reported actually expended in each State, county or parish, congressional district, and municipality of the United States in appropriate categories in the fiscal year preceding the fiscal year in which the report is made. (c) The report required by subsection (a) shall be based on the data included in - (1) the Federal assistance awards data system established pursuant to section 6102a of this title; (2) the Federal procurement data system established pursuant to section 6(d)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(5)); (3) the appropriate data files of the Office of Personnel Management; (4) the payroll, pension, and grants files of the Office of the Secretary of Defense; (5) the appropriate data files of the United States Postal Service and the Postal Rate Commission; (6) the data system used by the Bureau of the Census to prepare the annual Federal aid to States report; (7) the retirement and disability files of the United States Coast Guard, the Tennessee Valley Authority, the Commissioned Corps of the Public Health Service, the Commissioned Corps of the National Oceanic and Atmospheric Administration, and the Foreign Service; (8) the insurance claims files of the Federal Emergency Management Agency and the Department of Agriculture; (9) the grants files of the Legal Services Corporation; (10) the excess earned income tax credit file of the Internal Revenue Service; (11) the appropriate data files of the National Railroad Passenger Corporation; and (12) the payroll file of the Federal Bureau of Investigation. (d) For the purposes of subsection (b), the general categories of Federal funds presented in each report required by subsection (a) shall include data with respect to grants, loans, purchases and contracts, cooperative agreements, direct Federal payments to individuals, pay of civilian employees of the Government, military pay, annuities, retirement pay, pensions, and disability compensation. -SOURCE- (Added Pub. L. 99-547, Sec. 2(a), Oct. 27, 1986, 100 Stat. 3057.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6203, 6204, 6205 of this title. ------DocID 39521 Document 421 of 536------ -CITE- 31 USC Sec. 6203 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 62 -HEAD- Sec. 6203. Printing and distribution of reports and machine-readable records -STATUTE- (a)(1) The Director shall - (A) prepare - (i) printed copies of each of the reports required by this chapter; and (ii) machine-readable records of such reports; and (B) make the printed copies of the reports and the machine-readable records available to the public for purchase at a price fixed under subsection (b). (2) The Director shall transmit free of charge one of each of the printed copies of the reports required by this chapter to - (A) each Federal regional depository library; (B) the Committees on Government Operations, the Budget, and Appropriations of the House of Representatives; and (C) the Committees on Governmental Affairs, the Budget, and Appropriations of the Senate. (3) The Director shall also transmit promptly after the end of each calendar year, free of charge, one machine-readable record of the report required by section 6202 to the Committee on Rules and Administration of the Senate and to the Committee on House Administration of the House of Representatives. (4) Subject to subsection (b), the Director may, at his discretion, waive all or part of the fee required by subsection (a)(1)(B) of this section. (b) In carrying out subsection (a)(1)(B), the Director shall, based on the estimates made under paragraphs (1) and (2) of this subsection, fix the price of each printed copy and each machine-readable record of the report so that the aggregate revenues obtained in each fiscal year under subsection (a) will cover as much as is feasible of the incremental costs incurred in making these reports and machine-readable records available for purchase by the public. In computing these costs the Director shall not consider the costs of the activities set forth in sections 6102a and 6205 of this title but shall consider - (1) the cost of compiling the reports required by this chapter; preparing the printed copies and machine-readable records under subsection (a); and distributing the printed copies and the machine-readable records of the report for each fiscal year; and (2) the number of printed copies and the number of machine-readable records of the report that will be purchased. -SOURCE- (Added Pub. L. 99-547, Sec. 2(a), Oct. 27, 1986, 100 Stat. 3058.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6204 of this title. ------DocID 39522 Document 422 of 536------ -CITE- 31 USC Sec. 6204 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 62 -HEAD- Sec. 6204. Delegation -STATUTE- In order to carry out sections 6202 and 6203 of this chapter, the Director may delegate to any authority of the executive branch of the Federal Government the responsibility for carrying out such sections. The Director shall oversee the activities of any authority to which responsibilities are delegated under this section and shall monitor the compliance of each authority with respect to the requirements set forth in section 6205. -SOURCE- (Added Pub. L. 99-547, Sec. 2(a), Oct. 27, 1986, 100 Stat. 3059.) ------DocID 39523 Document 423 of 536------ -CITE- 31 USC Sec. 6205 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 62 -HEAD- Sec. 6205. Availability of information -STATUTE- Each head of any authority of the Government having custody of the data files and systems referred to in section 6202(c) - (1) shall make available to the Director (or other authority to which the Director has delegated the responsibility to carry out such section) the information requested in the form designated; and (2) is authorized to make available to the Director (or such other authority) such administrative services, equipment, personnel, and facilities (and funds appropriated therefor) as the Director or such authority requires to carry out such section. -SOURCE- (Added Pub. L. 99-547, Sec. 2(a), Oct. 27, 1986, 100 Stat. 3059.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6203, 6204 of this title. ------DocID 39524 Document 424 of 536------ -CITE- 31 USC Sec. 6206 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 62 -HEAD- Sec. 6206. Data consistency and uniformity of data elements -STATUTE- The Director shall designate a single organizational unit to provide for data consistency and uniform reporting of data elements. -SOURCE- (Added Pub. L. 99-547, Sec. 2(a), Oct. 27, 1986, 100 Stat. 3059.) ------DocID 39525 Document 425 of 536------ -CITE- 31 USC Sec. 6207 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 62 -HEAD- Sec. 6207. Authorization of appropriations -STATUTE- There are authorized to be appropriated to carry out this chapter such sums as may be necessary for each of the fiscal years 1986, 1987, 1988, 1989, and 1990. -SOURCE- (Added Pub. L. 99-547, Sec. 2(a), Oct. 27, 1986, 100 Stat. 3060.) ------DocID 39526 Document 426 of 536------ -CITE- 31 USC CHAPTER 63 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE AGREEMENTS -MISC1- Sec. 6301. Purposes. 6302. Definitions. 6303. Using procurement contracts. 6304. Using grant agreements. 6305. Using cooperative agreements. 6306. Authority to vest title in tangible personal property for research. 6307. Interpretative guidelines and exemptions. 6308. Use of multiple relationships for different parts of jointly financed projects. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 7 sections 1623a, 3318; title 16 sections 670a, 670c-1, 670h; title 25 section 450e-1; title 30 section 1732; title 40 section 815. ------DocID 39527 Document 427 of 536------ -CITE- 31 USC Sec. 6301 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- Sec. 6301. Purposes -STATUTE- The purposes of this chapter are to - (1) promote a better understanding of United States Government expenditures and help eliminate unnecessary administrative requirements on recipients of Government awards by characterizing the relationship between executive agencies and contractors, States, local governments, and other recipients in acquiring property and services and in providing United States Government assistance; (2) prescribe criteria for executive agencies in selecting appropriate legal instruments to achieve - (A) uniformity in their use by executive agencies; (B) a clear definition of the relationships they reflect; and (C) a better understanding of the responsibilities of the parties to them; and (3) promote increased discipline in selecting and using procurement contracts, grant agreements, and cooperative agreements, maximize competition in making procurement contracts, and encourage competition in making grants and cooperative agreements. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1003.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6301 41:501. Feb. 3, 1978, Pub. L. 95-224, Sec. 2, 92 Stat. 3. ------------------------------- In the chapter, the words 'procurement contract' are substituted for 'contract' for consistency. The text of 41:501(a) and (b)(4) is omitted as executed. ------DocID 39528 Document 428 of 536------ -CITE- 31 USC Sec. 6302 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- Sec. 6302. Definitions -STATUTE- In this chapter - (1) 'executive agency' does not include a mixed-ownership Government corporation. (2) 'grant agreement' and 'cooperative agreement' do not include an agreement under which is provided only - (A) direct United States Government cash assistance to an individual; (B) a subsidy; (C) a loan; (D) a loan guarantee; or (E) insurance. (3) 'local government' means a unit of government in a State, a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, an interstate entity, or another instrumentality of a local government. (4) 'other recipient' means a person or recipient (except a State or local government) authorized to receive United States Government assistance or procurement contracts and includes a charitable or educational institution. (5) 'State' means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1003.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6302(1) 41:502(4). Feb. 3, 1978, Pub. L. 95-224, Sec. 3, 92 Stat. 4. 6302(2) 41:502(5). 6302(3) 41:502(2). 6302(4) 41:502(3). 6302(5) 41:502(1). ------------------------------- Clause (3) restates the source provisions because of the definition of 'executive agency' in section 102 of the revised title. The words 'a county, municipality, city, town, township' are omitted as being included in 'a unit of government in a State'. In clause (5), the words 'the Commonwealth of Puerto Rico' are omitted as being included in 'territory or possession of the United States' and as unnecessary because of 48:734. The words 'duties and powers' are substituted for 'functions' for consistency in the revised title and with other titles of the United States Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2411. ------DocID 39529 Document 429 of 536------ -CITE- 31 USC Sec. 6303 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- Sec. 6303. Using procurement contracts -STATUTE- An executive agency shall use a procurement contract as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when - (1) the principal purpose of the instrument is to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; or (2) the agency decides in a specific instance that the use of a procurement contract is appropriate. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6303 41:503. Feb. 3, 1978, Pub. L. 95-224, Sec. 4, 92 Stat. 4. ------------------------------- The words 'type of' are omitted as unnecessary. The word 'decides' is substituted for 'determines' for consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 3710a; title 42 section 12002. ------DocID 39530 Document 430 of 536------ -CITE- 31 USC Sec. 6304 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- Sec. 6304. Using grant agreements -STATUTE- An executive agency shall use a grant agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when - (1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and (2) substantial involvement is not expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6304 41:504. Feb. 3, 1978, Pub. L. 95-224, Sec. 5, 92 Stat. 4. ------------------------------- The words 'type of' are omitted as unnecessary. The words 'money, property, services' are omitted as being included in 'a thing of value'. The words 'in order' are omitted as surplus. The words 'law of the United States' are substituted for 'Federal statute' for consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 sections 3710a, 4602; title 42 section 12002. ------DocID 39531 Document 431 of 536------ -CITE- 31 USC Sec. 6305 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- Sec. 6305. Using cooperative agreements -STATUTE- An executive agency shall use a cooperative agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when - (1) the principal purpose of the relationship is to transfer a thing of value to the State, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and (2) substantial involvement is expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6305 41:505. Feb. 3, 1978, Pub. L. 95-224, Sec. 6, 92 Stat. 5. ------------------------------- The words 'type of' are omitted as unnecessary. The words 'money, property, services' are omitted as being included in 'a thing of value'. The words 'law of the United States' are substituted for 'Federal statute' for consistency. BUREAU OF LAND MANAGEMENT; AUTHORIZATION TO USE COOPERATIVE ARRANGEMENTS TO IMPLEMENT CHALLENGE COST-SHARE PROGRAMS Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1918, provided that: 'the Bureau (of Land Management) is authorized hereafter to negotiate and enter into cooperative arrangements with public and private agencies, organizations, institutions, and individuals, to implement challenge cost-share programs.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 3710a; title 42 section 12002. ------DocID 39532 Document 432 of 536------ -CITE- 31 USC Sec. 6306 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- Sec. 6306. Authority to vest title in tangible personal property for research -STATUTE- The head of an executive agency may vest title in tangible personal property in a nonprofit institution of higher education or in a nonprofit organization whose primary purpose is conducting scientific research - (1) when the property is bought with amounts provided under a procurement contract, grant agreement, or cooperative agreement with the institution or organization to conduct basic or applied scientific research; (2) when the head of the agency decides the vesting furthers the objectives of the agency; (3) without further obligation to the United States Government; and (4) under conditions the head of the agency considers appropriate. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6306 41:506. Feb. 3, 1978, Pub. L. 95-224, Sec. 7, 92 Stat. 5. ------------------------------- The text of 41:506(a) is omitted as unnecessary because it duplicates the requirements of sections 6303-6305 of the revised title. The word 'equipment' is omitted as being included in 'tangible personal property'. The words 'amounts provided under a contract, grant agreement, or cooperative agreement' are substituted for 'such funds' for clarity. The words 'decides the vesting' are substituted for 'it is deemed' for clarity. The word 'conditions' is substituted for 'terms and conditions' because it is inclusive. ------DocID 39533 Document 433 of 536------ -CITE- 31 USC Sec. 6307 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- Sec. 6307. Interpretative guidelines and exemptions -STATUTE- The Director of the Office of Management and Budget may - (1) issue supplementary interpretative guidelines to promote consistent and efficient use of procurement contracts, grant agreements, and cooperative agreements; and (2) exempt a transaction or program of an executive agency from this chapter. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6307(1) 41:508. Feb. 3, 1978, Pub. L. 95-224, Sec. 9, 92 Stat. 6. 6307(2) 41:501(note). Feb. 3, 1978, Pub. L. 95-224, Sec. 10(d), 92 Stat. 6; Apr. 1, 1982, Pub. L. 97-162, 96 Stat. 23. ------------------------------- In clause (2), the word 'exempt' is substituted for 'except' for consistency. ------DocID 39534 Document 434 of 536------ -CITE- 31 USC Sec. 6308 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 63 -HEAD- Sec. 6308. Use of multiple relationships for different parts of jointly financed projects -STATUTE- This chapter does not require an executive agency to establish only one relationship between the United States Government and a State, a local government, or other recipient on a jointly financed project involving amounts from more than one program or appropriation when different relationships would otherwise be appropriate for different parts of the project. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6308 41:509. Feb. 3, 1978, Pub. L. 95-224, Sec. 10(c), 92 Stat. 6. ------------------------------- The word 'financed' is substituted for 'funded', and the word 'amounts' is substituted for 'funds', for consistency in the revised title. ------DocID 39535 Document 435 of 536------ -CITE- 31 USC CHAPTER 65 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- CHAPTER 65 - INTERGOVERNMENTAL COOPERATION -MISC1- Sec. 6501. Definitions. 6502. Information on grants received. 6503. Intergovernmental financing. 6504. Use of existing State or multimember agency to administer grant programs. 6505. Authority to provide specialized or technical services. 6506. Development assistance. 6507. Congressional review of grant programs. 6508. Studies and reports. AMENDMENTS 1990 - Pub. L. 101-453, Sec. 5(c), Oct. 24, 1990, 104 Stat. 1061, substituted 'Intergovernmental financing' for 'Transfer and deposit requirements' in item 6503. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 3232. ------DocID 39536 Document 436 of 536------ -CITE- 31 USC Sec. 6501 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- Sec. 6501. Definitions -STATUTE- In this chapter - (1) 'assistance' means the transfer of anything of value for a public purpose of support or stimulation that is - (A) authorized by a law of the United States; (B) provided by the United States Government through grant or contractual arrangements (including technical assistance programs providing assistance by loan, loan guarantee, or insurance); and (C) not an annual payment by the United States Government to the District of Columbia government under section 502 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198, 87 Stat. 813, D.C. Code, Sec. 47-3406). (2) 'comprehensive planning' includes, to the extent directly related to area needs or needs of a unit of general local government - (A) preparation, as a guide for governmental policies and action, of general plans on - (i) the pattern and intensity of land use; (ii) providing public facilities (including transportation facilities) and other governmental services; and (iii) the effective development and use of human and natural resources; (B) long-range physical and fiscal plans for an action referred to in subparagraph (A); (C) a program for capital improvements and other major expenditures based on their relative urgency, and definitive financing plans for the expenditures in the earlier years of the program; (D) coordination of related plans and activities of States and local governments and agencies concerned; and (E) preparation of regulatory and administrative measures to support the items referred to in subparagraphs (A), (B), (C), and (D). (3) 'executive agency' does not include a mixed-ownership Government corporation. (4)(A) 'grant' (except as provided in subparagraph (C)) means money, or property provided instead of money, that is paid or provided by the United States Government under a fixed annual or total authorization, to a State, to a local government, or to a beneficiary under a plan or program administered by a State or a local government that is subject to approval by an executive agency, if the authorization - (i) requires the State or local government to expend non-Government money as a condition of receiving money or property from the United States Government; or (ii) specifies directly, or establishes by means of a formula, the amount that may be provided to the State or local government, or the amount to be allotted for use in each State by the State, local government, and beneficiaries. (B) 'grant' (except as provided in subparagraph (C)) also means money, or property provided instead of money, that is paid or provided by the United States Government to a private, nonprofit community organization eligible to receive amounts under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (C) 'grant' does not include - (i) shared revenue; (ii) payment of taxes; (iii) payment instead of taxes; (iv) a loan or repayable advance; (v) surplus property or surplus agricultural commodities provided as surplus property; (vi) a payment under a research and development procurement contract or grant awarded directly and on similar terms to all qualifying organizations; or (vii) a payment to a State or local government as complete reimbursement for costs incurred in paying benefits or providing services to persons entitled to them under a law of the United States. (5) 'head of a State agency' includes the designated delegate of the head of the agency. (6) 'local government' means a unit of general local government, a school district, or other special district established under State law. (7) 'Secretary' means the Secretary of the Treasury. (8) 'special-purpose unit of local government' means a special district, public-purpose local government of a State except a school district. (9) 'State' means a State of the United States, the District of Columbia, a territory or possession of the United States, and an agency, instrumentality, or fiscal agent of a State but does not mean a local government of a State. (10) 'unit of general local government' means a county, city, town, village, or other general purpose political subdivision of a State. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005; Pub. L. 97-452, Sec. 1(24), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 101-453, Sec. 3, 5(a), Oct. 24, 1990, 104 Stat. 1058, 1059.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6501(1) 42:4201(7). Oct. 16, 1968, Pub. L. 90-577, Sec. 101- 107, 109, 110, 82 Stat. 1098, 1100, 1101. 6501(2) 42:4201(9). 6501(3) 42:4201(1). 6501(4) 42:4201(6). 6501(5) 42:4201(10). 6501(6) 42:4201(3). 6501(7) 42:4201(5). 6501(8) 42:4201(2). 6501(9) 42:4201(4). ------------------------------- In clause (1), the word 'assistance' is substituted for ' 'Federal assistance', 'Federal assistance programs', or 'federally assisted programs' ' for consistency in the revised title and to have only one defined term in the chapter. The words 'the transfer of anything of value for a public purpose of support or stimulation that is (A) authorized by a law of the United States' are substituted for 'programs that provide assistance' for consistency with section 6101(3) of the revised title. The words 'section 502 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198, 87 Stat. 813, D.C. Code Sec. 47-3406)' are substituted for 'article VI of the District of Columbia Revenue Act of 1947 (D.C. Code secs. 47-2501a and 47-2501b)' because the former has superseded the latter. Clause (3) restates the source provisions because of the definition of 'executive agency' in section 102 of the revised title. In clause (4)(A) and (B), the word 'grant' is substituted for ' 'grant' or 'grant-in-aid' ' for consistency in the revised title and to have only one defined term in the chapter. In clause (4)(B), the words 'a private, nonprofit community organization eligible to receive amounts under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.)' are substituted for 'a community action agency under the Economic Opportunity Act of 1964, as amended' because of section 683(c)(2) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 519). In clause (4)(C), the words 'whether public or private' are omitted as surplus. The words 'law of the United States' are substituted for 'Federal laws' for consistency. In clause (5), the words 'head of a Federal agency' are omitted as unnecessary because heads of Federal agencies already have the authority to delegate. In clause (6), the words 'local government' are substituted for ' 'political subdivision' or 'local government' ' for consistency in the revised title and to have only one defined term in the chapter. The words 'unit of general local government' are substituted for 'local unit of government, including specifically a county, municipality, city, town, township' to incorporate the definition in clause (9). In clause (7), the words 'public-purpose local government' are substituted for 'public-purpose corporation or other strictly limited purpose political subdivision' to eliminate unnecessary words. In clause (8), the words 'the Commonwealth of Puerto Rico' are omitted as being included in 'territory or possession of the United States' and as necessary because of 48:734. In clause (9), the word 'parish' is omitted as included in county because of 1:2. 1983 ACT This amends 31:6501(1)(B) to clarify the section as enacted by the Act of Sept. 13, 1982 (Pub. L. 97-258, 96 Stat. 1005). -REFTEXT- REFERENCES IN TEXT The Community Services Block Grant Act, referred to in par. (4)(b), is subtitle B (Sec. 671-683) of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified generally to chapter 106 (Sec. 9901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of Title 42 and Tables. -MISC2- AMENDMENTS 1990 - Par. (2)(B). Pub. L. 101-453, Sec. 3(1), substituted 'subparagraph (A)' for 'subclause (A) of this clause (2)'. Par. (2)(E). Pub. L. 101-453, Sec. 3(2), substituted 'subparagraphs (A), (B), (C), and (D)' for 'subclauses (A)-(D) of this clause (2)'. Par. (4)(A). Pub. L. 101-453, Sec. 3(3), substituted 'subparagraph (C)' for 'subclause (C) of this clause (4)'. Par. (4)(B). Pub. L. 101-453, Sec. 3(4), substituted 'subparagraph (C)' for 'subclause (C) of this clause (4)'. Par. (7). Pub. L. 101-453, Sec. 5(a)(2), added par. (7). Former par. (7) redesignated (8). Par. (8). Pub. L. 101-453, Sec. 5(a)(1), redesignated par. (7) as (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 101-453, Sec. 5(a)(1), (3), redesignated par. (8) as (9), added new text, and struck out former text which read as follows: ' 'State' means a State of the United States, the District of Columbia, a territory or possession of the United States, and an agency or instrumentality of a State but does not mean a local government of a State.' Former par. (9) redesignated (10). Par. (10). Pub. L. 101-453, Sec. 5(a)(1), redesignated par. (9) as (10). 1983 - Par. (1)(B). Pub. L. 97-452 struck out 'the law of' after 'provided by'. EFFECTIVE DATE OF 1983 AMENDMENT Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97-452, set out as a note under section 3331 of this title. SHORT TITLE OF 1990 AMENDMENT Section 1 of Pub. L. 101-453 provided that: 'This Act (enacting section 3335 of this title, amending this section and section 6503 of this title, and enacting provisions set out as notes under this section and sections 3335 and 6503 of this title) may be cited as the 'Cash Management Improvement Act of 1990'.' PURPOSE OF 1990 ACT Section 2 of Pub. L. 101-453 provided that: 'The purpose of this Act (see Short Title of 1990 Amendment note above) is to ensure greater efficiency, effectiveness, and equity in the exchange of funds between the Federal Government and the States.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 653. ------DocID 39537 Document 437 of 536------ -CITE- 31 USC Sec. 6502 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- Sec. 6502. Information on grants received -STATUTE- On request of a chief executive officer of a State, a State legislature, or an official designated by either of them, an executive agency carrying out a grant program to States and local governments shall provide the requesting officer or legislature with written information on the purpose and amounts of grants provided to the State or local government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6502 42:4211. Oct. 16, 1968, Pub. L. 90-577, Sec. 201, 82 Stat. 1101. ------------------------------- The words 'chief executive officer' are substituted for 'Governor' because the definition of State includes the District of Columbia. The words 'executive agency' are substituted for 'department or agency of the United States Government' because of the definition in sections 102 and 6501(3) of the revised title. The words 'shall provide the requesting officer or legislature' are substituted for the last sentence of 42:4211 to eliminate unnecessary words. The word 'information' is substituted for 'such data' because it is more accurate. The words 'in writing' and 'actual' are omitted as unnecessary. ------DocID 39538 Document 438 of 536------ -CITE- 31 USC Sec. 6503 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- Sec. 6503. Intergovernmental financing -STATUTE- (a) Consistent with program purposes and with regulations of the Secretary, and in accordance with an agreement under subsection (b) entered into by the Secretary and a State - (1) the head of an executive agency (other than the Tennessee Valley Authority) carrying out a program shall schedule transfers of funds to the State under the program so as to minimize the time elapsing between transfer of funds from the United States Treasury and the issuance or redemption of checks, warrants, or payments by other means by a State; and (2) the State shall minimize the time elapsing between transfer of funds from the United States Treasury and the issuance or redemption of checks, warrants, or payments by other means for program purposes. (b)(1) The Secretary shall enter into an agreement with each State to which transfers of funds are made, which establishes procedures and requirements for implementing this section. (2) An agreement under this subsection shall - (A) specify procedures chosen by the State for carrying out transfers of funds under the agreement; (B) describe the process by which the Federal Government shall review and approve the implementation of the procedures specified under subparagraph (A); (C) establish the methods to be used for calculating and documenting payments of interest pursuant to this section; and (D) specify those types of costs directly incurred by the State for interest calculations required under this section, and require the Secretary to consider those costs in computing payments under this section. (3) The Secretary shall issue regulations establishing procedures and requirements for implementing this section with respect to a State with which no agreement is entered into by the Secretary under paragraph (1). Such regulations shall apply to a State until such time as the Secretary enters into an agreement with the State under paragraph (1). (c)(1) The Secretary shall issue regulations that shall require a State, when not inconsistent with program purposes, to pay interest to the United States on funds from the time funds are deposited by the United States to the State's account until the time that funds are paid out by the State in order to redeem checks or warrants or make payments by other means for program purposes. Except as provided under paragraph (3)(B) (relating to the Unemployment Trust Fund), the interest payable under this subsection shall be calculated at a rate equal to the average of the bond equivalent rates of 13-week Treasury bills auctioned during the period for which interest is calculated, as determined by the Secretary. (2) Except as provided in paragraph (3), amounts received by the United States as payment of interest under this subsection shall be deposited in the Treasury and credited as miscellaneous receipts. (3)(A) Amounts paid by a State under paragraph (1) as interest on funds paid to a State from a trust fund for which the Secretary is the trustee shall be credited to such trust fund. (B) Notwithstanding any other provision of this section, amounts of interest paid by a State, on funds drawn from its account in the Unemployment Trust Fund, shall be deposited into that account and shall consist of actual interest earnings by the State, less related banking costs incurred by the State, for the period for which interest is calculated. (d)(1) If a State disburses its own funds for program purposes in accordance with Federal law, Federal regulation, or Federal-State agreement, the State shall be entitled to interest from the time the State's funds are paid out to redeem checks or warrants, or make payments by other means, until the Federal funds are deposited to the State's bank account. The Secretary shall pay, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary for interest owed to a State under this subsection. Such interest shall be calculated, at a rate equal to the average of the bond equivalent rates of 13-week Treasury bills auctioned during the period for which interest is calculated, as determined by the Secretary. (2) If interest is paid under this subsection as a result of a State disbursing its own funds before receiving payment from a trust fund for which the Secretary of the Treasury is the trustee, such interest shall be charged against such trust fund. (e) The budget submitted by the President under section 1105 of this title for a fiscal year shall include a statement specifying, for the most recently completed fiscal year, amounts of interest accrued to the Federal Government under subsection (c) and amounts of interest paid to States under subsection (d). (f) If a State receives refunds of funds disbursed by the State under a Federal program, the State shall return those refunds to the Federal executive agency administering the program or apply those refunds to reduce the amount of funds owed by the Federal Government to the State under such program. Interest earned on such refunds shall be considered when setting overall interest obligations between the State and the Federal Government as required by this section. (g) If the Federal Government makes a payment to a recipient under a Federal program, and a portion of the payment is an amount which the Federal Government is paying to such recipient on behalf of a State, such amount shall be considered to be a transfer of funds between the Federal Government and the State for purposes of this section. (h) A State may not be required by a law or regulation of the United States to deposit funds received by it in a separate bank account. However, a State shall account for funds made available to the State as United States Government funds in the accounts of the State. The head of the State agency concerned shall make periodic authenticated reports to the head of the appropriate Federal executive agency on the status and the application of the funds, the liabilities and obligations on hand, and other information required by the head of the executive agency. Records related to the funds received by the State shall be made available to the head of the executive agency, the Inspector General of the executive agency, and the Comptroller General for necessary audits. (i) The Secretary shall prescribe methods for the payment of interest under this section between the Federal Government and the States, including provisions for offsetting amounts owed by the respective parties. Such methods of payment shall require payment of interest on an annual basis and shall provide for comparable treatment in manner, technique, and timing for both the States and the Federal Government. (j) Consistent with Federal program purposes and regulations of the Director of the Office of Management and Budget, the head of a Federal executive agency carrying out a program shall execute grant awards to States on a timely basis to assure the availability of funds to accomplish transfers in compliance with subsection (a) of this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007; Pub. L. 101-453, Sec. 5(b), Oct. 24, 1990, 104 Stat. 1059.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6503(a) 42:4213. Oct. 16, 1968, Pub. L. 90-577, Sec. 202, 203, 82 Stat. 1101. 6503(b) 42:4212. ------------------------------- In the section, the words 'executive agency' are substituted for 'Federal departments and agencies' because of the definition in sections 102 and 6501(3) of the revised title. In subsection (a), the word 'money' is substituted for 'funds' for consistency in the section. The words 'so as' and 'United States' are omitted as surplus. The words 'before or after' are substituted for 'prior to or subsequent to' for consistency. The words 'subsequent to such transfer of funds' are omitted as unnecessary the second time they are used. In subsection (b), the words 'apart from other funds administered by the state', 'properly', 'In each case', and 'examination' are omitted as unnecessary. The word 'money' is substituted for 'all federal grant-in-aid funds' for consistency in the section. The words 'United States Government grant money' are substituted for 'Federal funds' for consistency in the revised title. The word 'make' is substituted for 'render', the word 'periodic' is substituted for 'regular', and the word 'information' is substituted for 'facts', for clarity. The words 'or any of their duly authorized representatives' are omitted as unnecessary. The words 'Records shall be made available to . . . for auditing' are substituted for 'shall have access for the purpose of audit and examination to any books, documents, papers, and records' for consistency in the revised title and with other titles of the United States Code. AMENDMENTS 1990 - Pub. L. 101-453 amended section generally, substituting provisions relating to intergovernmental financing for provisions relating to transfer and deposit requirements. EFFECTIVE DATE OF 1990 AMENDMENT Section 5(e) of Pub. L. 101-453 provided that: 'The amendments made by this section (amending this section and section 6501 of this title) shall take effect on the date of enactment of this Act (Oct. 24, 1990), except that subsections (c) and (d) of section 6503 of title 31, United States Code, as added by subsection (b) of this section (relating to payments of interest between the Federal Government and State governments), shall take effect 2 years after the date of enactment of this Act.' AGREEMENTS WITH STATES Section 5(d) of Pub. L. 101-453 provided that: '(1) Secretary's efforts to enter agreements. - The Secretary of the Treasury shall make all reasonable efforts to enter into an agreement with each State under section 6503(b) of title 31, United States Code, as added by this section (relating to procedures and requirements for transfers of funds between executive agencies and States), by not later than 2 years after the date of the enactment of this Act (Oct. 24, 1990). '(2) Effective date of regulations. - Regulations issued by the Secretary of the Treasury under subsection (b)(3) of section 6503 of title 31, United States Code, as added by the (this) section (relating to procedures and requirements for transfers of funds involving States not entering agreements), shall take effect 2 years after the date of the enactment of this Act.' GAO REPORT Section 6 of Pub. L. 101-453 provided that: 'Four years after the date of the enactment of this Act (Oct. 24, 1990) the Comptroller General shall submit an audit of the implementation of the amendments made by section 5 (amending this section and section 6501 of this title) and submit a report to the Congress describing the results of that audit.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 3182; title 42 sections 300w-2, 300x-2, 703, 706, 1397a, 1397e, 8626, 9873, 9907. ------DocID 39539 Document 439 of 536------ -CITE- 31 USC Sec. 6504 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- Sec. 6504. Use of existing State or multimember agency to administer grant programs -STATUTE- Notwithstanding a law of the United States providing that one State agency or multimember agency must be established or designated to carry out or supervise the administration of a grant program, the head of the executive agency carrying out the program may, when requested by the executive or legislative authority of the State responsible for the organizational structure of a State government - (1) waive the one State agency or multimember agency provision on an adequate showing that the provision prevents the establishment of the most effective and efficient organizational arrangement within the State government; and (2) approve another State administrative structure or arrangement after deciding that the objectives of the law authorizing the grant program will not be endangered by using another State structure or arrangement. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6504 42:4214. Oct. 16, 1968, Pub. L. 90-577, Sec. 204, 82 Stat. 1101. ------------------------------- In the section, the word 'agency' is substituted for 'board or commission' for consistency in the revised title. Before clause (1), the words 'executive agency' are substituted for 'Federal department or agency' because of the definition in sections 102 and 6501(3) of the revised title. The words 'appropriate' and 'determining or revising' are omitted as surplus. The words 'Governor or other' are omitted as covered by 'executive . . . authority'. In clause (2), the words 'after deciding' are substituted for 'Provided, That the head of the Federal department or agency determines' to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 1579. ------DocID 39540 Document 440 of 536------ -CITE- 31 USC Sec. 6505 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- Sec. 6505. Authority to provide specialized or technical services -STATUTE- (a) The President may prescribe statistical and other studies and compilations, development projects, technical tests and evaluations, technical information, training activities, surveys, reports, documents, and other similar services that an executive agency is especially competent and authorized by law to provide. The services prescribed must be consistent with and further the policy of the United States Government of relying on the private enterprise system to provide services reasonably and quickly available through ordinary business channels. (b) The head of an executive agency may provide services prescribed by the President under this section to a State or local government when - (1) written request is made by the State or local government; and (2) payment of pay and all other identifiable costs of providing the services is made to the executive agency by the State or local government making the request. (c) Payment received by an executive agency for providing services under this section shall be deposited to the credit of the principal appropriation from which the cost of providing the services has been paid or will be charged. (d) The authority under this section is in addition to authority under another law in effect on October 16, 1968. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6505(a) 42:4201(8). Oct. 16, 1968, Pub. L. 90-577, Sec. 108, 303, 305, 82 Stat. 1100, 1102, 1103. 42:4222(proviso, Oct. 16, 1968, Pub. words after L. 90-577, Sec. proviso). 302, 82 Stat. 1102; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. 6505(b) 42:4222(words before proviso). 6505(c) 42:4223. 6505(d) 42:4225. ------------------------------- In the section, the words 'executive agency' are substituted for 'Federal department or agency' and 'department or agency of the executive branch of the Federal Government' because of the definition in sections 102 and 6501(3) of the revised title. In subsection (a), the source provisions are consolidated to eliminate an unnecessary definition. The word 'President' is substituted for 'Director of the Office of Management and Budget' in 42:4222(proviso, words after proviso) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words 'rules and regulations' are omitted as unnecessary. In subsection (b), the word 'may' is substituted for 'is authorized within his discretion' for clarity and to omit unnecessary words. The words 'specialized or technical services' are omitted because of consolidation of the source provisions. The words 'direct or indirect' are omitted as surplus. In subsection (c), the word 'Payment' is substituted for 'moneys' for consistency in the section. The words 'All' and 'or any bureau or other administrative division thereof' are omitted as surplus. In subsection (d), the words 'and does not supersede' are omitted as unnecessary. The words 'authority under another law in effect on October 16, 1968' are substituted for 'authority now possessed' for clarity. The words 'by any Federal department or agency with respect to furnishing services, whether on a reimbursable or nonreimbursable basis, to State and local units of government' are omitted as unnecessary. ------DocID 39541 Document 441 of 536------ -CITE- 31 USC Sec. 6506 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- Sec. 6506. Development assistance -STATUTE- (a) The economic and social development of the United States and the achievement of satisfactory levels of living depend on the sound and orderly development of urban and rural areas. When urbanization proceeds rapidly, the sound and orderly development of urban communities depends to a large degree on the social and economic health and the sound development of smaller communities and rural areas. (b) The President shall prescribe regulations governing the formulation, evaluation, and review of United States Government programs and projects having a significant impact on area and community development (including programs and projects providing assistance to States and localities) to serve most effectively the basic objectives of subsection (a) of this section. The regulations shall provide for the consideration of concurrently achieving the following specific objectives and, to the extent authorized by law, reasoned choices shall be made between the objectives when they conflict: (1) appropriate land uses for housing, commercial, industrial, governmental, institutional, and other purposes. (2) wise development and conservation of all natural resources. (3) balanced transportation systems, including highway, air, water, pedestrian, mass transit, and other means to move people and goods. (4) adequate outdoor recreation and open space. (5) protection of areas of unique natural beauty and historic and scientific interest. (6) properly planned community facilities (including utilities for supplying power, water, and communications) for safely disposing of wastes, and for other purposes. (7) concern for high standards of design. (c) To the extent possible, all national, regional, State, and local viewpoints shall be considered in planning development programs and projects of the United States Government or assisted by the Government. State and local government objectives and the objectives of regional organizations shall be considered within a framework of national public objectives expressed in laws of the United States. Available projections of future conditions in the United States and needs of regions, States, and localities shall be considered in plan formulation, evaluation, and review. (d) To the maximum extent possible and consistent with national objectives, assistance for development purposes shall be consistent with and further the objectives of State, regional, and local comprehensive planning. Consideration shall be given to all developmental aspects of our total national community, including housing, transportation, economic development, natural and human resources development, community facilities, and the general improvement of living environments. (e) To the maximum extent practicable, each executive agency carrying out a development assistance program shall consult with and seek advice from all other significantly affected executive agencies in an effort to ensure completely coordinated programs. To the extent possible, systematic planning required by individual United States Government programs (such as highway construction, urban renewal, and open space) shall be coordinated with and, to the extent authorized by law, made part of comprehensive local and areawide development planning. (f) When a law of the United States provides that both a special-purpose unit of local government and a unit of general local government are eligible to receive a loan or grant, the head of an executive agency shall make the loan or grant to the unit of general local government instead of the special-purpose unit of local government in the absence of substantial reasons to the contrary. (g) The President may designate an executive agency to prescribe regulations to carry out this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1008.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6506(a) 42:4231(a)(1st, 2d Oct. 16, 1968, Pub. sentences). L. 90-577, Sec. 401- 403, 82 Stat. 1103. 6506(b) 42:4231(a)(3d-last sentences). 6506(c) 42:4231(b). 6506(d) 42:4231(c). 6506(e) 42:4231(d), (e). 6506(f) 42:4232. 6506(g) 42:4233. ------------------------------- In subsection (a), the words 'United States' are substituted for 'the Nation' for consistency. The word 'When' is substituted for 'in a time' for clarity. In subsection (b), before clause (1), the word 'therefore' is omitted as unnecessary. The word 'regulations' is substituted for 'rules and regulations' for consistency in the revised title and with other titles of the United States Code. In clause (2), the words 'all natural resources' are substituted for 'natural resources, including land, water, minerals, wildlife, and others' to eliminate unnecessary words. In subsection (c), the words 'fully', 'taken into account', and 'evaluated' are omitted as surplus. The words 'development programs and projects of the United States Government or assisted by the Government' are substituted for 'Federal or federally assisted development programs and projects', and the words 'laws of the United States' are substituted for 'Federal law', for consistency in the revised title. In subsection (d), the word 'assistance' is substituted for 'federal aid' because of the definition in section 6501(1) of the revised title. In subsection (e), the words 'executive agency' are substituted for 'Federal department and agency' and 'Federal departments and agencies' because of the definition in sections 102 and 6501(3) of the revised title. The words 'To the extent' are substituted for 'Insofar as' for consistency. In subsection (f), the words 'law of the United States' are substituted for 'Federal law' for consistency. In subsection (g), the words 'Office of Management and Budget . . . other' are omitted as surplus. -EXEC- EX. ORD. NO. 12372. INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended by Ex. Ord. No. 12416, Apr. 8, 1983, 48 F.R. 15587, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 401(a) of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4231(a)) (31 U.S.C. 6506(a) and (b)), Section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42. U.S.C. 3334) and Section 301 of Title 3 of the United States Code, and in order to foster an intergovernmental partnership and a strengthened federalism by relying on State and local processes for the State and local government coordination and review of proposed Federal financial assistance and direct Federal development, it is hereby ordered as follows: Section 1. Federal agencies shall provide opportunities for consultation by elected officials of those State and local governments that would provide the non-Federal funds for, or that would be directly affected by, proposed Federal financial assistance or direct Federal development. Sec. 2. To the extent the States, in consultation with local general purpose governments, and local special purpose governments they consider appropriate, develop their own processes or refine existing processes for State and local elected officials to review and coordinate proposed Federal financial assistance and direct Federal development, the Federal agencies shall, to the extent permitted by law: (a) Utilize the State process to determine official views of State and local elected officials. (b) Communicate with State and local elected officials as early in the program planning cycle as is reasonably feasible to explain specific plans and actions. (c) Make efforts to accommodate State and local elected officials' concerns with proposed Federal financial assistance and direct Federal development that are communicated through the designated State process. For those cases where the concerns cannot be accommodated, Federal officials shall explain the bases for their decision in a timely manner. (d) Allow the States to simplify and consolidate existing Federally required State plan submissions. Where State planning and budgeting systems are sufficient and where permitted by law, the substitution of State plans for Federally required State plans shall be encouraged by the agencies. (e) Seek the coordination of views of affected State and local elected officials in one State with those of another State when proposed Federal financial assistance or direct Federal development has an impact on interstate metropolitan urban centers or other interstate areas. Existing interstate mechanisms that are redesignated as part of the State process may be used for this purpose. (f) Support State and local governments by discouraging the reauthorization or creation of any planning organization which is Federally-funded, which has a Federally-prescribed membership, which is established for a limited purpose, and which is not adequately representative of, or accountable to, State or local elected officials. Sec. 3. (a) The State process referred to in Section 2 shall include those where States delegate, in specific instances, to local elected officials the review, coordination, and communication with Federal agencies. (b) At the discretion of the State and local elected officials, the State process may exclude certain Federal programs from review and comment. Sec. 4. The Office of Management and Budge (OMB) shall maintain a list of official State entities designated by the States to review and coordinate proposed Federal financial assistance and direct Federal development. The Office of Management and Budget shall disseminate such lists to the Federal agencies. Sec. 5. (a) Agencies shall propose rules and regulations governing the formulation, evaluation, and review of proposed Federal financial assistance and direct Federal development pursuant to this Order, to be submitted to the Office of Management and Budget for approval. (b) The rules and regulations which result from the process indicated in Section 5(a) above shall replace any current rules and regulations and become effective September 30, 1983. Sec. 6. The Director of the Office of Managment and Budget is authorized to prescribe such rules and regulations, if any, as he deems appropriate for the effective implementation and administration of this Order and the Intergovernmental Cooperation Act of 1968 (31 U.S.C. 6501 et seq.). The Director is also authorized to exercise the authority vested in the President by Section 401(a) of that Act (42 U.S.C. 4231(a)) (31 U.S.C. 6506(a) and (b)) in a manner consistent with this Order. Sec. 7. The Memorandum of November 8, 1968, is terminated (33 Fed. Reg. 16487, November 13, 1968). The Director of the Office of Management and Budget shall revoke OMB Circular A-95, which was issued pursuant to that Memorandum. However, Federal agencies shall continue to comply with the rules and regulations issued pursuant to that Memorandum, including those issued by the Office of Management and Budget, until new rules and regulations have been issued in accord with this Order. Sec. 8. The Director of the Office of Management and Budget shall report to the President by September 30, 1984 on Federal agency compliance with this Order. The views of State and local elected officials on their experiences with these policies, along with any suggestions for improvement, will be included in the Director's report. Ronald Reagan. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 460u-21, 1456; title 40 section 601a; title 42 section 3151a; title 43 section 1721. ------DocID 39542 Document 442 of 536------ -CITE- 31 USC Sec. 6507 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- Sec. 6507. Congressional review of grant programs -STATUTE- (a) The committees of Congress having jurisdiction over a grant program authorized by a law of the United States without a specified expiration date for the program shall study the program. The committees may conduct studies separately or jointly and shall report the results of their findings to their respective Houses of Congress not later than the end of each period specified in subsection (b) of this section. The committees shall give special attention to - (1) the extent to which the purposes of the grants have been met; (2) the extent to which the objective of the program can be carried on without further assistance; (3) whether a change in the purpose, direction, or administration of the original program, or in procedures and requirements applicable to the program, should be made; and (4) the extent to which the program is adequate to meet the growing and changing needs that it was designed to support. (b)(1) A study under subsection (a) of this section of a grant program authorized by a law of the United States enacted before October 16, 1968, shall be conducted before the end of each 4th calendar year after the year during which a study of the program was last conducted under this section. (2) A study under subsection (a) of this section of a grant program authorized by a law of the United States enacted after October 16, 1968, shall be conducted before the end of the 4th calendar year after the year of enactment of the law and before the end of each 4th calendar year thereafter. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1009.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6507(a) 42:4241(a). Oct. 16, 1968, Pub. L. 90-577, Sec. 601, 82 Stat. 1106. 6507(b) 42:4241(b). ------------------------------- In the section, the words 'law of the United States' are substituted for 'Act of Congress' for clarity. The word 'grants' is substituted for 'grants-in-aid', and the words 'grant program' are substituted for 'grant-in-aid program', for consistency in the chapter. In subsection (a), before clause (1), the words 'grant program' are substituted for 'program under which such grants-in-aid are made' for consistency in the chapter and to eliminate unnecessary words. The words 'committees of Congress' are substituted for 'Committee of the Senate and the House of Representatives' for consistency in the revised title and with other titles of the United States Code. The words 'The committees may conduct' are added for clarity. The word 'report' is substituted for 'advise' for clarity. In clause (2), the word 'assistance' is substituted for 'financial assistance from the United States' because of the definition in section 6501(1) of the revised title. In subsection (b), the words 'prior to the expiration of the fourth calendar year beginning after October 16, 1968, and thereafter' are omitted as executed. ------DocID 39543 Document 443 of 536------ -CITE- 31 USC Sec. 6508 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 65 -HEAD- Sec. 6508. Studies and reports -STATUTE- (a)(1) When requested by a committee of Congress having jurisdiction over a grant program, the Comptroller General shall study the program. The study shall include a review of - (A) the extent to which - (i) the program conflicts with or duplicates other grant programs; and (ii) more effective, efficient, economical, and uniform administration of the program may be achieved by changing the requirements and procedures applicable to it; and (B) budgetary, accounting, reporting, and administrative procedures of the program. (2) The Comptroller General shall submit to Congress a report on a study made under this subsection and any recommendations. To the extent practicable, a report on an expiring program shall be submitted in the year before the year in which a program ends. (b)(1) When requested by a committee of Congress having jurisdiction over a grant program, the Advisory Commission on Intergovernmental Relations shall study the intergovernmental relations aspects of the program, including - (A) the impact of the program on the structural organization of States and local governments and on Federal-State-local fiscal relations; and (B) the coordination of administration of the program by the United States Government and State and local governments. (2) The Commission shall submit to the committee requesting the study and to Congress a report and any recommendations. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1010.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6508(a) 42:4242. Oct. 16, 1968, Pub. L. 90-577, Sec. 602, 603, 82 Stat. 1107. 6508(b) 42:4243. ------------------------------- In the section, the words 'of Congress' are added for clarity. The words 'grant program' are substituted for 'grant-in-aid program' for consistency in the chapter. In subsection (a)(1), before clause (A), the words 'The study shall include a review of' are substituted for 'to determine' for clarity. In clause (B), the words 'among other relevant matters' are omitted as unnecessary. In subsection (b)(1)(B), the words 'administration of the program by the United States Government' are substituted for 'Federal administration' for consistency in the revised title. In subsection (b)(2), the words 'requesting the study' are added for clarity. ------DocID 39544 Document 444 of 536------ -CITE- 31 USC (CHAPTER 67 -EXPCITE- TITLE 31 SUBTITLE V (CHAPTER 67 -HEAD- (CHAPTER 67 - REPEALED) ------DocID 39545 Document 445 of 536------ -CITE- 31 USC Sec. 6701 to 6724 -EXPCITE- TITLE 31 SUBTITLE V (CHAPTER 67 -HEAD- (Sec. 6701 to 6724. Repealed. Pub. L. 99-272, title XIV, Sec. 14001(a)(1), Apr. 7, 1986, 100 Stat. 327) -MISC1- Section 6701, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1010; Pub. L. 98-185, Sec. 2, 9(a), Nov. 30, 1983, 97 Stat. 1309, 1311, related to definitions and application of chapter. Section 6702, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1012, related to payments to governments. Section 6703, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1012; Pub. L. 98-185, Sec. 3, Nov. 30, 1983, 97 Stat. 1309, related to State and Local Government Fiscal Assistance Trust Fund. Section 6704, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1013; Pub. L. 98-185, Sec. 9(b), Nov. 30, 1983, 97 Stat. 1311, related to qualifications of State or local governments for payments under this chapter. Section 6705, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1014, related to State government allocations. Section 6706, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1014, related to reductions in State government allocations. Section 6707, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1016; Pub. L. 98-185, Sec. 9(c), Nov. 30, 1983, 97 Stat. 1312, related to State allocations for units of general local government. Section 6708, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1017, related to county area and county government allocations. Section 6709, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1018; Pub. L. 97-452, Sec. 1(25), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98-185, Sec. 9(d), Nov. 30, 1983, 97 Stat. 1312, related to other local government allocations. Section 6710, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1020, related to separate law enforcement officer allocations for Louisiana. Section 6711, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1021; Pub. L. 98-185, Sec. 4, Nov. 30, 1983, 97 Stat. 1309, related to State variation of local government allocations. Section 6712, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1021, related to adjustments of local government allocations. Section 6713, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1022; Pub. L. 98-185, Sec. 5, 9(e), Nov. 30, 1983, 97 Stat. 1309, 1312, related to information used in allocation formulas. Section 6714, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1023; Pub. L. 98-185, Sec. 6, Nov. 30, 1983, 97 Stat. 1310, related to public hearings. Section 6715, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1024, related to prohibition on using payments to influence legislation. Section 6716, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1024; Pub. L. 98-185, Sec. 9(f), (g), Nov. 30, 1983, 97 Stat. 1312; Pub. L. 98-216, Sec. 1(8), Feb. 14, 1984, 98 Stat. 4, related to prohibition of discrimination. Section 6717, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1025; Pub. L. 98-185, Sec. 7, 9(h), Nov. 30, 1983, 97 Stat. 1310, 1312, related to discrimination proceedings. Section 6718, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1026; Pub. L. 98-185, Sec. 9(i), Nov. 30, 1983, 97 Stat. 1312, related to suspension and termination of payments in discrimination proceedings. Section 6719, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1027, related to compliance agreements. Section 6720, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1027, related to enforcement by Attorney General of prohibitions on discrimination. Section 6721, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1028, related to civil action by person adversely affected. Section 6722, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1028, related to judicial review. Sectin 6723, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1029; Pub. L. 98-185, Sec. 8, Nov. 30, 1983, 97 Stat. 1310, related to audits, investigations, and reviews. Section 6724, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1030, related to reports to Congress. TERMINATION OF GENERAL REVENUE SHARING Pub. L. 99-272, title XIV, Sec. 14001(a), (c)-(e), Apr. 7, 1986, 100 Stat. 327, 329, provided that: '(a) In General. - (1) Except as otherwise provided in this section, chapter 67 of title 31, United States Code, is hereby repealed. '(2) The Secretary of the Treasury shall continue to be the trustee of the Trust Fund, which shall remain in existence until all entitlement payments which are required to be made under the Revenue Sharing Act are made in accordance with the terms of such Act. Any funds remaining in the Trust Fund after all of such entitlement payments are completely made shall revert to the General Fund of the Treasury of the United States. '(3) The Secretary is authorized to take such necessary or appropriate actions, to carry out the requirements of this Act (see Tables for classification) with respect to funds appropriated to the Trust Fund, as were authorized under the terms of the Revenue Sharing Act, including but not limited to enforcement of the regulatory provisions concerning nondiscrimination, audits, accounting procedures, public hearings, expenditures in accordance with State and local law, and cooperation with reasonable requests for information. '(4) The Secretary may increase or decrease a payment to a unit of general local government under the Revenue Sharing Act for the entitlement period ending September 30, 1986, to account for a prior underpayment or overpayment only if the increase or decrease is demanded by the Secretary or such unit of general local government before June 2, 1986. '(5) Amounts paid to units of general local government from the Trust Fund shall be used, obligated, or appropriated by the units of general local government before October 1, 1987, and shall continue to be subject to the terms of the Revenue Sharing Act. '(6) Subsection (a)(1) of this section shall not have the effect of releasing or extinguishing any fiscal sanction, finding, determination, compliance agreement, or other duly authorized action for the purpose of sustaining any proper action or prosecution for enforcement authorized under the terms of the Revenue Sharing Act. '(7) The Attorney General, and persons adversely affected by a practice of a local government, may bring a civil action in an appropriate district court of the United States against the applicable unit of general local government as authorized under the Revenue Sharing Act. The court is authorized to grant such relief as was authorized under the terms of the Revenue Sharing Act. '(8) The Secretary shall report to Congress on the operation and status of the Trust Fund and the implementation of this section not later than December 1 of each year the Trust Fund remains on the books of the Department of the Treasury. '(c) Definitions. - For purposes of this section - '(1) The term 'Trust Fund' means the State and Local Government Fiscal Assistance Trust Fund established under the Revenue Sharing Act. '(2) The term 'Revenue Sharing Act' means the provisions of chapter 67 of title 31, United States Code, as in effect on the day before the date of enactment of this Act (Apr. 7, 1986) and subject to the terms of any appropriation Act of fiscal year 1986. '(3) The term 'Secretary' means the Secretary of the Treasury. '(d) Authorization of Appropriations. - There are hereby authorized to be appropriated for fiscal year 1987 such sums as may be necessary to administer the provisions of this section. '(e) Effective Dates. - (1) Except as otherwise provided in this subsection, the repeal and amendments made by this section, and the provisions of this section (amending section 1715z-13 of Title 12, Banks and Banking, section 3502 of Title 16, Conservation, and sections 1315, 1471, 5302, 5318, and 6101 of Title 42, The Public Health and Welfare, and repealing this chapter), shall take effect on the earlier of - '(A) the date of the adjournment sine die of the 99th Congress (Oct. 18, 1986), or '(B) December 31, 1986, unless the provisions of chapter 67 of title 31, United States Code, are amended before the earlier of such dates to apply to any entitlement period beginning after September 30, 1986. '(2) The provisions of subsections (a)(4), (c), and (d) shall take effect on the date of enactment of this Act (Apr. 7, 1986). '(3) Nothing in this section shall be construed to prevent the payment of any allocation for the entitlement period ending September 30, 1986.' ------DocID 39546 Document 446 of 536------ -CITE- 31 USC CHAPTER 69 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 69 -HEAD- CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND -MISC1- Sec. 6901. Definitions. 6902. Authority and eligibility. 6903. Payments. 6904. Additional payments. 6905. Redwood National Park and the Lake Tahoe Basin. 6906. Authorization of appropriations. 6907. State legislation requiring reallocation or redistribution of payments to smaller units of general purpose government. (FOOTNOTE 1) (FOOTNOTE 1) Editorially supplied. Section 6907 added by Pub. L. 98-63 without enactment of section catchline or amendment of chapter analysis. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 544(l); title 25 section 640d-10; title 43 section 1457a. ------DocID 39547 Document 447 of 536------ -CITE- 31 USC Sec. 6901 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 69 -HEAD- Sec. 6901. Definitions -STATUTE- In this chapter - (1) 'entitlement land' means land owned by the United States Government - (A) that is in the National Park System or the National Forest System, including wilderness areas and lands described in section 2 of the Act of June 22, 1948 (16 U.S.C. 577d), and section 1 of the Act of June 22, 1956 (16 U.S.C. 577d-1); (B) the Secretary of the Interior administers through the Bureau of Land Management; (C) dedicated to the use of the Government for water resource development projects; (D) on which are located semi-active or inactive installations (except industrial installations) that the Secretary of the Army keeps for mobilization and for reserve component training; (E) that is a dredge disposal area under the jurisdiction of the Secretary of the Army; (F) that is located in the vicinity of Purgatory River Canyon and Pinon Canyon, Colorado, and acquired after December 23, 1981, by the United States Government to expand the Fort Carson military installation; or (G) that is a reserve area (as defined in section 401(g)(3) of the Act of June 15, 1935 (16 U.S.C. 715s(g)(3))). (2) 'unit of general local government' means: (A) a county (or parish), township, borough existing in Alaska on October 20, 1976, (FOOTNOTE 1) or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Secretary of Commerce for general statistical purposes. The term 'governmental services' includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transportation, and governmental administration; (FOOTNOTE 1) See Codification note below. (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; and (E) the Virgin Islands. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1031; Pub. L. 98-63, title I, Sec. 101(1), July 30, 1983, 97 Stat. 323.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6901(1) (A)-(F) 31:1606(a)(1)-(3), Oct. 20, 1976, Pub. (5), (b). L. 94-565, Sec. 6(a)(1)-(3), (5), (b), (c), 90 Stat. 2665; Dec. 23, 1981, Pub. L. 97- 99, Sec. 912(a)(2), 95 Stat. 1387. 31:1606(a)(4). Oct. 20, 1976, Pub. L. 94-565, Sec. 6(a)(4), 90 Stat. 2665; restated Oct. 17, 1978, Pub. L. 95-469, Sec. 3(1), 92 Stat. 1321; Dec. 23, 1981, Pub. L. 97-99, Sec. 912(a)(1), 95 Stat. 1387. 31:1606(a)(6). Oct. 20, 1976, Pub. L. 94-565, 90 Stat. 2662, Sec. 6(a)(6); added Dec. 23, 1981, Pub. L. 97- 99, Sec. 912(a)(3), 95 Stat. 1387. 6901(1)(G) 16:715s(h)(1). June 15, 1935, ch. 261, 49 Stat. 378, Sec. 401(h)(1); added Oct. 17, 1978, Pub. L. 95- 469, Sec. 1(a)(4), 92 Stat. 1321. 6901(2) 31:1606(c). ------------------------------- In clause (1), before subclause (A), the text of 31:1606(b) is omitted as unnecessary because of the restatement of the source provisions. In subclause (A), the word 'and' is substituted for 'within each, or any combination thereof' to eliminate unnecessary words. The words 'but not limited to' are omitted as surplus. In subclause (D), the words 'effective October 1, 1978' are omitted as executed. The words 'Secretary of the Army' are substituted for 'Army' for consistency. In subclause (E), the words 'owned by the United States' are omitted as surplus. The words 'Secretary of the Army' are substituted for 'Army Corps of Engineers' because of 10:3012. In subclause (F), the word 'Government' is added for clarity. In subclause (G), the words 'In administering sections 1601 to 1607 of title 31' are omitted as unnecessary. The words 'for fiscal years occurring after September 30, 1978' are omitted as executed. Subclause (G) is substituted for 16:715s(h)(1) because of the restatement. In clause (2), before subclause (A), the word 'general' is added for consistency in the title. In subclause (A), the word 'parish' is omitted as unnecessary because of 1:2. The word 'city' is substituted for 'municipality' for consistency in the subtitle. The words 'State of' are omitted as surplus. The words 'political subdivision of a State' are substituted for 'unit of government below the State' for consistency. The words 'the basis of' are omitted as surplus. The word 'basis' is substituted for 'principle' for consistency in the subtitle. The words 'Secretary of Commerce' are substituted for 'Bureau of the Census', and the words 'general purpose political subdivision of a State' are substituted for 'unit of general government', for consistency. In subclause (B), the words 'Such term also includes' are omitted as unnecessary. Subclause (D) is added because of section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. -COD- CODIFICATION Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1775, which directed that the 'Payments in Lieu of Taxes Act (31 U.S.C. 6901(2)) is amended by deleting the phrase 'existing in the State of Alaska on the date of enactment of this Act' from the definition of a unit of Government' could not be executed because the language of this section as enacted by Pub. L. 97-258 was not the same as the directory language. -MISC3- AMENDMENTS 1983 - Par. (2). Pub. L. 98-63 amended par. (2) generally, substituting in subpar. (A) 'a county (or parish), township, borough existing in Alaska on October 20, 1976, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Secretary of Commerce for general statistical purposes. The term 'governmental services' includes, but is not limited to, those services that relate to public safety, environment, housing, social sevices, transportation, and governmental administration' for 'a county, city, township, borough existing in Alaska on October 20, 1976, or other political subdivision of a State that the Secretary of the Interior, on the same basis that the Secretary of Commerce uses for general statistical purposes, decides is a general purpose political subdivision of a State'; including the District of Columbia in definition; and excluding the Commonwealth of the Northern Mariana Islands from definition. ------DocID 39548 Document 448 of 536------ -CITE- 31 USC Sec. 6902 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 69 -HEAD- Sec. 6902. Authority and eligibility -STATUTE- (a) The Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which entitlement land is located. A unit may use the payment for any governmental purpose. (b) A unit of general local government may not receive a payment for land for which payment under this chapter otherwise may be received if the land was owned or administered by a State or unit and was exempt from real estate taxes when the land was conveyed to the United States Government. This subsection does not apply to payments for land a State or unit acquires from a private party to donate to the Government within 8 years of acquisition. (c) A unit of general local government receiving payment for a fiscal year for land under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), or the Act of May 24, 1939 (ch. 144, 53 Stat. 753), may not receive a payment under this chapter for the land for that fiscal year. This chapter does not apply to either Act. (d) If the total payment to a unit of general local government for a fiscal year would be less than $100, the Secretary may not make the payment. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1032.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6902(a) 31:1601. Oct. 20, 1976, Pub. L. 94-565, Sec. 1, 5(a), (b), 90 Stat. 2662, 2665. 6902(b) 31:1605(c). Oct. 20, 1976, Pub. L. 94-565, 90 Stat. 2662, Sec. 5(c); added Oct. 17, 1978, Pub. L. 95- 469, Sec. 3(2), 92 Stat. 1321. 6902(c) 31:1605(a). 6902(d) 31:1605(b). ------------------------------- In subsection (a), the words 'Effective for fiscal years beginning on and after October 1, 1976' are omitted as executed. The words '(as defined in section 1606 of this title)' are omitted because of the restatement. The text of 31:1601(last sentence) is omitted as unnecessary. In subsection (b), the word 'or' is substituted for 'and/or' for consistency. The words 'except that, beginning in fiscal year 1979' are omitted as executed. The words 'of such land' are omitted as surplus. The word 'Federal' is omitted as unnecessary. The words 'and which is or was so donated . . . thereof by the State or unit of local government' are omitted as surplus. In subsection (c), the citation in parentheses for the Act of May 24, 1939, is included only for information purposes. In subsection (d), the words 'county or' are omitted as unnecessary because a county is a unit of general local government under section 6901 of the revised title. -REFTEXT- REFERENCES IN TEXT Act of August 28, 1937, referred to in subsec. (c), is act Aug. 28, 1937, ch. 876, 50 Stat. 874, as amended, which is classified to sections 1181a to 1181f of Title 43, Public Lands. For complete classification of this Act to the Code, see Tables. Act of May 24, 1939 (ch. 144, 53 Stat. 753), referred to in subsec. (c), is act May 24, 1939, ch. 144, 53 Stat. 753, which is classified to sections 1181f-1 to 1181f-4 of Title 43. For complete classification of this Act to the Code, see Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6903, 6904 of this title. ------DocID 39549 Document 449 of 536------ -CITE- 31 USC Sec. 6903 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 69 -HEAD- Sec. 6903. Payments -STATUTE- (a) In this section - (1) 'payment law' means - (A) the Act of June 20, 1910 (ch. 310, 36 Stat. 557); (B) section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1012); (C) the Act of May 23, 1908 (16 U.S.C. 500); (D) section 5 of the Act of June 22, 1948 (16 U.S.C. 577g, 577g-1); (E) section 401(c)(2) of the Act of June 15, 1935 (16 U.S.C. 715s(c)(2)); (F) section 17 of the Federal Power Act (16 U.S.C. 810); (G) section 35 of the Act of February 25, 1920 (30 U.S.C. 191); (H) section 6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355); (I) section 3 of the Act of July 31, 1947 (30 U.S.C. 603); and (J) section 10 of the Act of June 28, 1934 (known as the Taylor Grazing Act) (43 U.S.C. 315i). (2) population shall be determined on the same basis that the Secretary of Commerce determines resident population for general statistical purposes. (3) a unit of general local government may not be credited with a population of more than 50,000. (b)(1) A payment under section 6902 of this title is equal to the greater of - (A) 75 cents for each acre of entitlement land located within a unit of general local government (but not more than the limitation determined under subsection (c) of this section) reduced (but not below 0) by amounts the unit received in the prior fiscal year under a payment law; or (B) 10 cents for each acre of entitlement land located in the unit (but not more than the limitation determined under subsection (c) of this section). (2) The chief executive officer of a State shall submit to the Secretary of the Interior a statement on the amounts of payments the State transfers to each unit of general local government in the State out of amounts received under a payment law. (c)(1) The limitation for a unit of general local government with a population of not more than 4,999 is $50 times the population. (2) The limitation for a unit of general local government with a population of at least 5,000 is the following amount (rounding the population off to the nearest thousand): --------------------------------------------------------------------- --------------------------------------------------------------------- If population equals - the limitation is equal to the population times - 5,000 $50.00 6,000 47.00 7,000 44.00 8,000 41.00 9,000 38.00 10,000 35.00 11,000 34.00 12,000 33.00 13,000 32.00 14,000 31.00 15,000 30.00 16,000 29.50 17,000 29.00 18,000 28.50 19,000 28.00 20,000 27.50 21,000 27.20 22,000 26.90 23,000 26.60 24,000 26.30 25,000 26.00 26,000 25.80 27,000 25.60 28,000 25.40 29,000 25.20 30,000 25.00 31,000 24.75 32,000 24.50 33,000 24.25 34,000 24.00 35,000 23.75 36,000 23.50 37,000 23.25 38,000 23.00 39,000 22.75 40,000 22.50 41,000 22.25 42,000 22.00 43,000 21.75 44,000 21.50 45,000 21.25 46,000 21.00 47,000 20.75 48,000 20.50 49,000 20.25 50,000 20.00 ------------------------------- -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1032; Pub. L. 98-63, title I, Sec. 101(2), July 30, 1983, 97 Stat. 324.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6903(a)(1) 16:715s(h)(2). June 15, 1935, ch. 261, 49 Stat. 378, Sec. 401(h)(2); added Oct. 17, 1978, Pub. L. 95- 469, Sec. 1(a)(4), 92 Stat. 1321. 31:1604. Oct. 20, 1976, Pub. L. 94-565, Sec. 2, 4, 90 Stat. 2662, 2664. 6903(a)(2) 31:1602(c). 6903(a)(3) 31:1602(b)(2)(last sentence). 6903(a)(4) 31:1602(d). 6903(b)(1) 31:1602(a)(1st sentence). 6903(b)(2) 31:1602(a)(last sentence). 6903(c) 31:1602(b)(1), (2)(1st sentence). ------------------------------- In subsection (a)(1), before subclause (A), the word 'payment' is added for clarity. Subclause (E) is substituted for 16:715s(h)(2) because of the restatement. In clause (2), the words 'Secretary of Commerce' are substituted for 'Bureau of the Census' for consistency. In clause (4), the words 'the jurisdiction of' are omitted as surplus. The word 'deemed' is substituted for 'treated' for consistency. In subsections (b) and (c), the word 'population' before 'limitation' is omitted as unnecessary. In subsection (b)(1), before clause (A), the words 'The amount of . . . made for any fiscal year to a unit of local government . . . the following amounts' are omitted as surplus. In clauses (A) and (B), the words 'the boundaries of' are omitted as surplus. In clause (A), the words 'aggregate . . . of payments, if any' are omitted as surplus. The words 'a payment law' are substituted for 'all of the provisions specified in section 1604 of this title' because of the restatement. In subsection (b)(2), the words 'chief executive officer' are substituted for 'Governor (or his delegate)' for consistency in the revised title and with other titles of the United States Code. The words 'a payment law' are substituted for 'a provision specified in section 1604 of this title' because of the restatement of 31:1604 in subsection (a). In subsection (c)(1), the words 'amount equal to' and 'within the jurisdiction of such unit of local government' are omitted as surplus. In subsection (c)(2), the words 'computed under the . . . table' are omitted as unnecessary. The words 'the limitation is equal to the population times' are substituted for 'Payment shall not exceed the amount computed by multiplying such population by' for clarity and consistency. -REFTEXT- REFERENCES IN TEXT Act of June 20, 1910 (ch. 310, 36 Stat. 557), referred to in subsec. (a)(1)(A), is not classified to the Code. -MISC2- AMENDMENTS 1983 - Subsec. (a)(4). Pub. L. 98-63 struck out par. (4) which provided that if any part of a small unit was located within another unit, entitlement land within both units was deemed to be located within the smaller unit. PAYMENTS MADE PRIOR TO JANUARY 1, 1983 Section 101(3) of Pub. L. 98-63 provided in part that: 'The United States shall not be subject to any cause of action or any liability for distribution of payments made prior to January 1, 1983, under the Act of October 20, 1976 (90 Stat. 2662), as amended (Pub. L. 94-565, see 31 U.S.C. 6901 et seq.), or regulations pursuant thereto.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6905 of this title. ------DocID 39550 Document 450 of 536------ -CITE- 31 USC Sec. 6904 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 69 -HEAD- Sec. 6904. Additional payments -STATUTE- (a) In addition to payments the Secretary of the Interior makes under section 6902 of this title, the Secretary shall make a payment for each fiscal year to a unit of general local government collecting and distributing real property taxes (including a unit in Alaska outside the boundaries of an organized borough) in which is located an interest in land that - (1) the United States Government acquires for - (A) the National Park System; or (B) the National Forest Wilderness Areas; and (2) was subject to local real property taxes within the 5-year period before the interest is acquired. (b) The Secretary shall make payments only for the 5 fiscal years after the fiscal year in which the interest in land is acquired. Under guidelines the Secretary prescribes, the unit of general local government receiving the payment from the Secretary shall distribute payments proportionally to units and school districts that lost real property taxes because of the acquisition of the interest. A unit receiving a distribution may use a payment for any governmental purpose. (c) Each yearly payment by the Secretary under this section is equal to one percent of the fair market value of the interest in land on the date the Government acquires the interest. However, a payment may not be more than the amount of real property taxes levied on the property during the last fiscal year before the fiscal year in which the interest is acquired. A decision on fair market value under this section may not include an increase in the value of an interest because the land is rezoned when the rezoning causes the increase after the date of enactment of a law authorizing the acquisition of an interest under subsection (a) of this section. (d) The Secretary may prescribe regulations under which payments may be made to units of general local government when subsections (a) and (b) of this section will not carry out the purpose of subsections (a) and (b). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1033.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6904(a) 31:1603(a)(1st, 3d Oct. 20, 1976, Pub. sentences). L. 94-565, Sec. 3(a)-(d), 90 Stat. 2663. 31:1603(e). Oct. 20, 1976, Pub. L. 94-565, 90 Stat. 2662, Sec. 3(e); added Oct. 17, 1978, Pub. L. 95- 469, Sec. 3(3), 92 Stat. 1322. 6904(b) 31:1603(a)(2d sentence), (b), (d). 6904(c) 31:1603(c). 6904(d) 31:1603(a)(last sentence). ------------------------------- In the section, the words 'land or' are omitted as being included in 'interest in land'. In subsection (a), before clause (1), the words 'the Secretary of the Interior makes' are added for clarity. The words 'unit of general local government collecting and distributing real property taxes (including a unit in Alaska outside the boundaries of an organized borough)' are substituted for 'county' and 31:1603(a)(3d sentence) and (e) to eliminate unnecessary words. The words 'the jurisdiction of' are omitted as surplus. In subclause (A), the words 'for the Redwood National Park pursuant to subchapter VII of chapter 1 of title 16' are omitted as executed because the Redwood National Park is now part of the National Park System. In subsection (b), the words 'The Secretary shall make payments only for the 5 fiscal years after the fiscal year in which the interest in land is acquired' are substituted for 31:1603(b)(1st sentence) and (d) to eliminate unnecessary words. The words 'affected' and 'for addition to either such systems' are omitted as surplus. The words 'receiving a distribution' are added for clarity. In subsection (c), the words 'The amount of . . . made . . . fiscal . . . to any unit of local government and affected school districts' are omitted as surplus. The words 'by the Secretary' are added for clarity. The words 'made for any fiscal year to a unit of local government under subsection (a) of this section', 'assessed and', 'full', and 'for addition to the National Park System or National Forest Wilderness Areas' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6905 of this title; title 16 sections 79o, 460aaa-2; title 43 section 1457a. ------DocID 39551 Document 451 of 536------ -CITE- 31 USC Sec. 6905 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 69 -HEAD- Sec. 6905. Redwood National Park and the Lake Tahoe Basin -STATUTE- (a) The Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which an interest in land owned by the United States Government in the Redwood National Park is located. A unit may use the payment for any governmental purpose. The payment shall be made as provided in section 6903 of this title and shall include an amount payable under section 6903. (b)(1) In addition to payments the Secretary makes under subsection (a) of this section, the Secretary shall make a payment for each fiscal year to each unit of general local government in which is located an interest in land - (A) owned by the Government in the Redwood National Park; or (B) acquired in the Lake Tahoe Basin under the Act of December 23, 1980 (Public Law 96-586, 94 Stat. 3383). (2) The payment shall be made as provided in section 6904 of this title and shall include an amount payable under section 6904. However, an amount computed but not paid because of the first sentence of subsection (b) and the 2d sentence of subsection (c) of section 6904 shall be carried forward and applied to future years in which the payment would not otherwise equal the amount of real property taxes assessed and levied on the land during the last fiscal year before the fiscal year in which the interest was acquired until the amount is applied completely. (3) The unit of general local government may use the payment for any governmental purpose. (4) The Redwoods Community College District is a school district under section 6904(b) of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1034.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6905(a) 16:79o(a), (b). Mar. 27, 1978, Pub. L. 95-250, Sec. 106, 92 Stat. 171. 6905(b) (1)-(3) (uncodified). Dec. 23, 1980, Pub. L. 96-586, Sec. 2(i), 94 Stat. 3383. 16:79o(c). 6905(b)(4) 16:79o(d). ------------------------------- In subsection (a), the words 'Notwithstanding any contrary provision of sections 1601 to 1607 of title 31' are omitted as unnecessary because of the restatement. The word 'general' is added for consistency in the revised title and with other titles of the United States Code. The words 'an interest in' are added for consistency because of the source provisions restated in the revised section. The word 'Government' is added for consistency in the revised title and with other titles of the Code. The text of 16:79o(a)(last sentence) is omitted as unnecessary. In subsection (b)(1)-(3), the source provisions are combined for clarity and because of the restatement. In subsection (b)(2), the words 'portion of the total', 'full', and 'land or' are omitted as surplus. The words 'for addition to Redwood National Park' are omitted as unnecessary because of the restatement. In subsection (b)(4), the word 'affected' is omitted as surplus. -REFTEXT- REFERENCES IN TEXT The provisions of Act of December 23, 1980 (Public Law 96-586, 94 Stat. 3383) which relate to the acquisition of the Lake Tahoe Basin, referred to in subsec. (b)(1)(B), are not classified to the Code. ------DocID 39552 Document 452 of 536------ -CITE- 31 USC Sec. 6906 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 69 -HEAD- Sec. 6906. Authorization of appropriations -STATUTE- Necessary amounts may be appropriated to the Secretary of the Interior to carry out this chapter. Amounts are available only as provided in appropriation laws. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1035.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 6906 31:1607. Oct. 20, 1976, Pub. L. 94-565, Sec. 7, 90 Stat. 2665. ------------------------------- The words 'to the Secretary of the Interior' are added for clarity. The words 'Provided, That, notwithstanding any other provision of this chapter' and 'in advance' are omitted as unnecessary. ------DocID 39553 Document 453 of 536------ -CITE- 31 USC Sec. 6907 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 69 -HEAD- Sec. 6907. State legislation requiring reallocation or redistribution of payments to smaller units of general purpose government (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Section catchline editorially supplied. (a) Notwithstanding any other provision of this chapter, a State may enact legislation which requires that any payments which would be made to units of general local government pursuant to this chapter be reallocated and redistributed in whole or part to other smaller units of general purpose government which (1) are located within the boundaries of the larger unit of general local government, (2) provide general governmental services and (3) contain entitlement lands within their boundaries. Such reallocation or redistribution shall generally reflect the level of services provided by, and the number of entitlement acres within, the smaller unit of general local government. (b) Upon enactment of legislation by a State, described in subsection (a), the Secretary shall make one payment to such State equaling the aggregate amount of payments which he otherwise would have made to units of general local government within such State pursuant to this chapter. It shall be the responsibility of such State to make any further distribution of the payment pursuant to subsection (a). Such redistribution shall be made within 30 days after receipt of such payment. No payment, or portion thereof, made by the Secretary shall be used by any State for the administration of this subsection or subsection (a). (c) Appropriations made for payments in lieu of taxes for a fiscal year may be used to correct underpayments in the previous fiscal year to achieve equity among all qualified recipients. -SOURCE- (Added Pub. L. 98-63, title I, Sec. 101(4), July 30, 1983, 97 Stat. 324.) ------DocID 39554 Document 454 of 536------ -CITE- 31 USC CHAPTER 71 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- CHAPTER 71 - JOINT FUNDING SIMPLIFICATION -MISC1- Sec. 7101. Purposes. 7102. Definitions. 7103. Authority of the President and heads of executive agencies. 7104. Processing project requests to be financed by at least 2 assistance programs. 7105. Prescribing uniform technical and administrative provisions. 7106. Delegation of supervision of assistance. 7107. Joint management funds. 7108. Limitation on authority under sections 7105-7107. 7109. Appropriations available for joint financing. 7110. Use of joint financing provisions for Federal-State assisted projects. 7111. Report to Congress. 7112. Expiration date. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 29 section 710; title 42 section 3020a. ------DocID 39555 Document 455 of 536------ -CITE- 31 USC Sec. 7101 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7101. Purposes -STATUTE- The purposes of this chapter are to - (1) enable States, local governments, and private nonprofit organizations to use assistance of the United States Government more effectively and efficiently; (2) adapt the assistance more readily to particular needs through wider use of projects that are supported by more than one executive agency, assistance program, or appropriation of the United States Government; and (3) encourage Federal-State arrangements under which local governments and private nonprofit organizations may more effectively and efficiently combine Federal and State resources to support projects of common interest to those local governments and those organizations. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1035.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7101 42:4251. Dec. 5, 1974, Pub. L. 93-510, Sec. 2, 88 Stat. 1604. ------------------------------- In the chapter, the words 'executive agency' are substituted for 'Federal agency' because of the definition in section 102 of the revised title. The words 'assistance program' are substituted for 'Federal assistance programs' because of the definition in section 7102 of the revised title. In the section, the words 'resources available from' and 'It is the further purpose of this chapter' are omitted as unnecessary because of the restatement. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7103 of this title. ------DocID 39556 Document 456 of 536------ -CITE- 31 USC Sec. 7102 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7102. Definitions -STATUTE- In this chapter - (1) 'applicant' means a State, local government, or private nonprofit organization applying for assistance for one project. (2) 'assistance program' means a program of the United States Government providing assistance through a grant or contract but does not include revenue sharing, a loan, a loan guarantee, or insurance. (3) 'local government' means a county, city, political subdivision of a county or city, or other general purpose politicial subdivision of a State, a school district, a council of governments, or other instrumentality of a local government. (4) 'project' means an undertaking that includes components that contribute materially to carrying out one purpose or closely related purposes and are proposed or approved for assistance under - (A) more than one United States Government program; or (B) at least one Government program and at least one State program. (5) 'State' means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a tribe as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1035.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7102(1) 42:4261(2), (4). Dec. 5, 1974, Pub. L. 93-510, Sec. 12, 88 Stat. 1608. 7102(2) 42:4261(1). 7102(3) 42:4261(6). 7102(4) 42:4261(3). 7102(5) 42:4261(5). ------------------------------- In clause (1), the words 'applying for' are substituted for 'seeking' for clarity. The words 'acting separately or together' are omitted as unnecessary. The text of 42:4261(4) is omitted as unnecessary because of section 102 of the revised title. In clause (2), the words 'of the United States Government' are added for clarity. The words 'assistance in the form of' are omitted as unnecessary. In clause (3), the words 'a county, city, political subdivision of a county or city, or other general purpose political subdivision of a State' are substituted for 'a local unit of government including a city, county, parish, town, township, village,' for consistency in the revised title and because of 1:2. The word 'agency' is omitted because it is included in 'instrumentality'. In clause (4), the words 'that contribute' are substituted for 'if each of those components' to eliminate unnecessary words. The words 'whether of a temporary or continuing nature' are omitted as unnecessary. In clause (5), the words 'any of the several' are omitted as unnecessary. The words 'the Commonwealth of Puerto Rico' are omitted as being included in 'territory or possession of the United States' and as unnecessary because of 48:734. ------DocID 39557 Document 457 of 536------ -CITE- 31 USC Sec. 7103 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7103. Authority of the President and heads of executive agencies -STATUTE- (a) The President shall prescribe necessary regulations to carry out section 7101 of this title and to ensure that this chapter is applied by all executive agencies consistently. The regulations may require executive agencies to adopt or prescribe procedures requiring applicants for assistance for a project to be jointly financed under this chapter to take steps to - (1) get the views and recommendations of States and local governments that may be significantly affected by the project; and (2) resolve questions of common interest to those States and local governments before making application. (b) Subject to regulations prescribed under subsection (a) of this section and other law, the head of an executive agency may do the following by an order of the agency head or by agreement with another executive agency: (1) identify related programs likely to be particularly suitable in providing joint financing for specific kinds of projects. (2) to assist in planning and developing a project financed from different programs, develop and prescribe - (A) guidelines; (B) model or illustrative projects; (C) joint or common application forms; and (D) other materials or guidance. (3) review administrative program requirements to identify requirements that may impede joint financing of a project and modify the requirements when appropriate. (4) establish common technical or administrative regulations for related programs to assist in providing joint financing to support a specific project or class of projects. (5) establish joint or common application processing and project supervision procedures, including procedures for designating - (A) a lead agency responsible for processing applications; and (B) a managing agency responsible for project supervision. (c) The head of an executive agency shall - (1) take maximum action to carry out section 7101 of this title in conducting an assistance program of the agency; and (2) consult and cooperate with the heads of other executive agencies to carry out section 7101 of this title in conducting assistance programs of different executive agencies that may be used jointly to finance projects undertaken by States, local governments, or private nonprofit organizations. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1036.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7103(a) 42:4252(a). Dec. 5, 1974, Pub. L. 93-510, Sec. 3, 88 Stat. 1604. 7103(b) 42:4252(b). 7103(c) 42:4252(c). ------------------------------- In subsection (a), before clause (1), the words 'as may be necessary or appropriate' are omitted as unnecessary. The words 'to carry out section 7101 of this title' are substituted for 'in accordance with its purposes' as being more precise. The word 'requiring' is substituted for 'that will assure that' to eliminate unnecessary words. The words 'to be jointly financed under this chapter' are substituted for 'funded pursuant to the provisions of this chapter' for clarity and consistency. In clause (1), the words 'States and local governments' are substituted for 'non-Federal agencies' for clarity and because of the definition in section 7102. In subsection (b), before clause (1), the words 'under subsection (a) of this section' are substituted for 'as the President may prescribe' because of the restatement. The words 'applicable' and 'take the following actions' are omitted as unnecessary. In clauses (1), (3), and (4), the words 'joint financing' are substituted for 'joint support' and 'joint use of funds' for consistency in the revised chapter. In clause (1), the words 'or appropriate' and 'thereunder' are omitted as unnecessary. In clause (3), the words 'to identify' are substituted for 'in order to determine', and the word 'modify' is substituted for 'the extent to which such requirements may be modified' and 'making such modifications', to eliminate unnecessary words. In clause (5), the words 'or mechanisms' and 'for designation' are omitted as unnecessary. In subsection (c), the words 'take maximum action' are substituted for 'be responsible for taking actions, to the maximum extent permitted under applicable law' to eliminate unnecessary words. The words 'to carry out section 7101 of this title' are substituted for 'that will further the purpose of this chapter' and 'to promote the purposes of this chapter' as being more precise. The words 'in conducting' are substituted for 'with respect to' for clarity. The words 'used jointly to finance' are substituted for 'used jointly in support of' for consistency in the revised chapter. The words 'Each Federal agency head shall also' and the words 'in order similarly' are omitted as surplus. -EXEC- EXECUTIVE ORDER NO. 11867 Ex. Ord. No. 11867, eff. June 19, 1975, 40 F.R. 26253, which delegated to Administrator of General Services authority to issue regulations, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. EX. ORD. NO. 11893. TRANSFERRING CERTAIN FUNCTIONS FROM GENERAL SERVICES ADMINISTRATION TO OFFICE OF MANAGEMENT AND BUDGET Ex. Ord. No. 11893, eff. Dec. 31, 1975, 41 F.R. 1040, provided: By virtue of the authority vested in me as President by the Constitution and Statutes of the United States, particularly by section 301 of title 3 of the United States Code, the Federal Property and Administrative Services Act of 1949, as amended, the Budget and Accounting Act, 1921, as amended, the Budget and Accounting Procedures Act of 1950, as amended, Reorganization Plan No. 2 of 1970 (set out in the Appendix to Title 5, Government Organization and Employees); and section 5317 of title 5 of the United States Code, it is hereby ordered as follows: Section 1. There are hereby transferred to the Director of the Office of Management and Budget all policy functions that were transferred to the Administrator of General Services by Section 1 (1) of Executive Order No. 11717, dated May 9, 1973 (set out as a note under section 501 of Title 31, Money and Finance), and Executive Order No. 11867, dated June 19, 1975 (formerly set out above). Sec. 2. The Director of the Office of Management and Budget shall continue to perform policy formulation and general oversight functions with regard to the other transfers made by Executive Order No. 11717 and Executive Order No. 11867. No function vested by statute in the Administrator shall be deemed to be affected by the provisions of this order. Sec. 3. So much of the personnel, property and records attendant to the functions transferred by this order as the Director of the Office of Management and Budget shall determine, shall be transferred to the Office of Management and Budget, at such times as the Director shall specify. Sec. 4. Executive Order No. 11717 of May 9, 1973, and Executive Order No. 11867 of June 19, 1975, are hereby superseded to the extent that they are inconsistent with this order. Any circulars, directives, or regulations issued pursuant to functions transferred by this order shall remain in effect until modified or rescinded by the Office of Management and Budget. Sec. 5. Section 2 of Executive Order No. 11861 of May 21, 1975, as amended (formerly set out as a note under section 5317 of Title 5, Government Organization and Employees), placing certain positions in level V of the Executive Schedule, is further amended by deleting '(9) Associate Administrator for Federal Management Policy, General Services Administration.'. Sec. 6. This order shall be effective as of December 31, 1975. Gerald R. Ford. ------DocID 39558 Document 458 of 536------ -CITE- 31 USC Sec. 7104 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7104. Processing project requests to be financed by at least 2 assistance programs -STATUTE- In processing an application or request for assistance for a project to be financed by at least 2 assistance programs, the head of an executive agency shall take action that will ensure that - (1) required reviews and approvals are handled expeditiously; (2) complete account is taken of special considerations of timing that are made known by the applicant that would affect the feasibility of a jointly financed project; (3) an applicant is required to deal with a minimum number of representatives of the United States Government; (4) an applicant is promptly informed of a decision or special problem that could affect the feasibility of providing joint assistance under the application; and (5) an applicant is not required to get information or assurances from one executive agency for a requesting executive agency when the requesting agency may get the information or assurances directly. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1037.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7104 42:4253. Dec. 5, 1974, Pub. L. 93-510, Sec. 4, 88 Stat. 1605. ------------------------------- In the section, before clause (1), the words 'for a project to be financed by at least 2 assistance programs' are substituted for 'under two or more Federal programs in support of any project' for consistency in the revised chapter. The words 'shall take action' are substituted for 'Actions taken by Federal agency heads pursuant to this chapter that relate to', and the words 'that will ensure' are substituted for 'shall be designed to assure', to eliminate unnecessary words. The words 'so far as reasonably possible' are omitted as surplus. In clause (4), the word 'impediments' is omitted as surplus. The word 'providing' is substituted for 'Federal provision of', and the words 'joint assistance under the application' are substituted for 'on a joint basis', to eliminate unnecessary words. Clause (5) is substituted for 42:4253(5) because of the restatement. ------DocID 39559 Document 459 of 536------ -CITE- 31 USC Sec. 7105 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7105. Prescribing uniform technical and administrative provisions -STATUTE- (a) To make participation in a project easier than would be possible because of varying or conflicting technical or administrative regulations and procedures not required by law, the head of an executive agency may prescribe uniform provisions about inconsistent or conflicting requirements on - (1) financial administration of the project (including accounting, reporting and auditing, and maintaining a separate bank account), to the extent consistent with section 7108 of this title; (2) the timing of payments by the United States Government for the project when one schedule or a combined schedule is to be established for the project; (3) providing assistance by grant rather than procurement contract or by procurement contract rather than by grant; and (4) accountability for, or the disposition of, records, property, or structures acquired or constructed with assistance from the Government when common regulations are established for the project. (b) To make easier the processing of applications for assistance, the head of an executive agency may provide for review of proposals for a project by one panel, board, or committee where reviews by separate panels, boards, or committees are not specifically required by law. (c) Notwithstanding a requirement that one public agency or a specific public agency be established or designated to carry out or supervise that part of the assistance from the Government under an assistance program for a jointly financed project, the head of the executive agency carrying out the program may waive the requirement when - (1) administration by another public agency is consistent with State or local law and the objectives of the assistance program; and (2)(A) the waiver is requested by the head of a unit of general government certifying jurisdiction over the public agencies concerned; or (B) the State or local public agencies concerned agree to the waiver. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1037.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7105(a) 42:4255(a). Dec. 5, 1974, Pub. L. 93-510, Sec. 6, 88 Stat. 1606. 7105(b) 42:4255(b). 7105(c) 42:4255(c). ------------------------------- In subsection (a), before clause (1), the words 'To make participation in a project easier than would be possible' are substituted for 'In order to provide for projects' for clarity. The words 'because of' are substituted for 'that would otherwise be subject to' to eliminate unnecessary words. The word 'prescribe' is substituted for 'adopt', and the word 'about' is substituted for 'with respect to', for consistency in the revised title. In clause (2), the words 'payments by the United States Government' are substituted for 'Federal payments' for consistency in the revised title. In clause (3), the words 'providing assistance by' are substituted for 'that assistance be extended in the form of' to eliminate unnecessary words. The word 'procurement' is added for consistency with chapter 63 of the revised title. In clause (4), the words 'assistance from the Government' are substituted for 'Federal assistance' for consistency. In subsection (b), the words 'To make easier' are substituted for 'In order to permit', and the words 'applications for assistance' are substituted for 'applications in accordance with the purposes of this chapter', for clarity. The words 'where . . . are not' are substituted for 'except when such review is' because of the restatement. Subsection (c) is substituted for 42:4255(c) for consistency in subtitle V of the revised title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7108 of this title. ------DocID 39560 Document 460 of 536------ -CITE- 31 USC Sec. 7106 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7106. Delegation of supervision of assistance -STATUTE- With the approval of the President, the head of an executive agency may delegate or otherwise arrange to have another executive agency carry out or supervise a project or class of projects jointly financed under this chapter. A delegation - (1) shall be made under conditions ensuring that duties and powers delegated are exercised consistent with law; and (2) may not relieve the head of an executive agency of responsibility for the proper and efficient management of a project for which the agency provides assistance. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1038.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7106 42:4256. Dec. 5, 1974, Pub. L. 93-510, Sec. 7, 88 Stat. 1606. ------------------------------- In the section, before clause (1), the words 'to have another executive agency carry out or supervise' are substituted for 'to other Federal agencies powers and functions relating to the supervision or administration' to eliminate unnecessary words. In clause (1), the words 'under conditions ensuring' are substituted for 'only on such conditions as may be appropriate to assure', the word 'consistent' is substituted for 'in full conformity', and the word 'law' is substituted for 'applicable statutory provisions and policies', to eliminate unnecessary words. In clause (2), the words 'for which the agency provides assistance' are substituted for 'funded by their agencies', for clarity because the source provisions do not provide for funding. The words 'of Federal assistance', 'for other agencies to perform', 'such activities with respect to', and 'under this section' are omitted as unnecessary. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7108 of this title. ------DocID 39561 Document 461 of 536------ -CITE- 31 USC Sec. 7107 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7107. Joint management funds -STATUTE- (a) In supporting a project, a joint management fund may be established to administer more effectively amounts received from more than one assistance program or appropriation. A proportional share of the amount required to pay a grantee shall be transferred periodically to the fund from each program or appropriation. When a project is completed, the grantee shall return to the fund an amount not expended. (b) An account in a joint management fund is subject to an agreement made by the heads of the executive agencies providing assistance for the project about the responsibilities of each agency. An agreement shall - (1) ensure the availability of necessary information to the executive agencies and Congress; (2) provide that the agency administering a fund is responsible and accountable by program and appropriation for the amounts provided for the purposes of each account in the fund; and (3) include procedures for returning, subject to fiscal year limitations, an excess amount to participating executive agencies under the applicable appropriation. An excess amount of an expired appropriation lapses from the fund. (c) For each project financed through an account in a joint management fund, a recipient of an amount from the fund shall keep records prescribed by the head of the executive agency responsible for administering the fund. The records shall include - (1) the amount and disposition by the recipient of assistance received under each program and appropriation; (2) the total cost of the project for which assistance was given or used; (3) that part of the cost of the project provided from other sources; and (4) other records that will make it easier to carry out an audit. (d) Records of a recipient related to an amount received from a joint management fund shall be made available to the head of the executive agency responsible for administering the fund and the Comptroller General for inspection and audit. (e) For a project subject to a joint management fund, one non-Government share may be established conforming to - (1) the proportional shares applicable to the assistance programs involved; and (2) the proportional shares of an amount transferred to the project account from each of the programs. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1038.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7107(a) 42:4257(a). Dec. 5, 1974, Pub. L. 93-510, Sec. 8, 88 Stat. 1606. 7107(b) 42:4257(b). 7107(c) 42:4257(c). 7107(d) 42:4257(d). 7107(e) 42:4257(e). ------------------------------- In subsection (a), the words 'to administer more effectively' are substituted for 'In order to provide the more effective administration' to eliminate unnecessary words. The words 'amounts received' are substituted for 'funds drawn' for consistency. The words 'A proportional share of the amount required to pay a grantee' are substituted for 'proportionate share of amounts needed for payment to the grantee' because of the restatement. The words 'with respect to such projects', 'affected', and 'from time to time' are omitted as unnecessary. In subsection (b), before clause (1), the words 'made by the heads of executive agencies' are substituted for 'as may be entered into by the Federal agencies concerned' to eliminate unnecessary words. The words 'providing assistance for the project about the responsibilities of each agency' are substituted for 'with respect to the discharge of the responsibilities of those agencies' for clarity. In clause (2), the word 'established' is omitted as unnecessary. In clause (3), the words 'for determining', 'whether amounts in the account are in excess of the amounts required', and 'applicable to' are omitted as unnecessary. The words 'excess amount' are substituted for 'that excess' for clarity. In subsection (c), before clause (1), the words 'established pursuant to this section' are omitted as unnecessary. The words 'amount from' are substituted for 'moneys drawn from' for consistency. The word 'include' is substituted for 'as a minimum, fully disclose' to eliminate unnecessary words. In clause (4), the words 'to carry out' are added for clarity. The word 'effective' is omitted as unnecessary. In subsection (d), the word 'Records' is substituted for 'books, documents, papers, and records', and the words 'shall be made available . . . for inspection and audit' are substituted for 'shall have access for the purpose of audit and examination to', to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. The word 'related' is substituted for 'that are pertinent', and the words 'an amount' are substituted for the word 'money', for consistency. The words 'of the United States', and 'or any of their duly authorized representatives' are omitted as unnecessary. In subsection (e), the word 'For' is substituted for 'in the case of' to eliminate unnecessary words. The words 'proportional shares' are substituted for 'federal share ratios' for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7108 of this title. ------DocID 39562 Document 462 of 536------ -CITE- 31 USC Sec. 7108 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7108. Limitation on authority under sections 7105-7107 -STATUTE- Under regulations prescribed by the President, the head of an executive agency may act under sections 7105-7107 of this title for a project assisted under at least 2 assistance programs. The regulations shall ensure that the head of an executive agency acts under those sections only - (1) when a problem cannot be adequately solved through other action under this chapter or other law; (2) when necessary to promote expeditious processing of applications or effective and efficient administration of the project; and (3) in a way consistent with protecting the interest of the United States Government and with the program purposes and requirements of law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7108 42:4254. Dec. 5, 1974, Pub. L. 93-510, Sec. 5, 88 Stat. 1605. ------------------------------- In the section, the words 'act under' are substituted for 'use the authorities described in', and the words 'when necessary' are substituted for 'that they are applied only as necessary', to eliminate unnecessary words. The words 'head of an executive agency acts under those sections only' are substituted for 'the authorities are limited in use to' for clarity. The words 'These authorities shall be exercised only', 'Where appropriate to further the purposes of this chapter, and subject to the conditions prescribed in this section', '(relating to the establishment of uniform technical or administrative requirements, delegation of powers and responsibilities, and establishment of joint management funds)', 'include criteria or procedures to', and 'that they are applied', are omitted as unnecessary because of the restatement. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7105 of this title. ------DocID 39563 Document 463 of 536------ -CITE- 31 USC Sec. 7109 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7109. Appropriations available for joint financing -STATUTE- An appropriation available for technical assistance or personnel training under an assistance program is available for technical assistance and training for a project proposed or approved for joint financing involving the program and another assistance program. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7109 42:4258. Dec. 5, 1974, Pub. L. 93-510, Sec. 9, 88 Stat. 1607. ------------------------------- In this section, the words 'the provision of' are omitted as surplus and the word 'for' is substituted for 'in connection with' for consistency. ------DocID 39564 Document 464 of 536------ -CITE- 31 USC Sec. 7110 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7110. Use of joint financing provisions for Federal-State assisted projects -STATUTE- Under regulations prescribed by the President, the head of an executive agency may make an agreement with a State to extend the benefits of this chapter to a project involving assistance from at least one executive agency and at least one State agency. The agreement may include arrangements to process requests or administer assistance on a joint basis. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7110 42:4259. Dec. 5, 1974, Pub. L. 93-510, Sec. 10, 88 Stat. 1607. ------------------------------- In this section, the words 'as appropriate' are omitted as surplus. The words 'to process requests or administer assistance' are substituted for 'for the processing of requests for, or the administration of, assistance to such projects' to eliminate unnecessary words. ------DocID 39565 Document 465 of 536------ -CITE- 31 USC Sec. 7111 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7111. Report to Congress -STATUTE- By February 3, 1984, the President shall submit to Congress a report on actions taken under this chapter and make recommendations for its continuation, amendment, or termination. The report shall include a detailed evaluation of the operation of the chapter, including information on the benefits and costs of jointly financed projects that accrue to participating States, local governments, private nonprofit organizations, and the United States Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7111 42:4260. Dec. 5, 1974, Pub. L. 93-510, Sec. 11, 88 Stat. 1608. ------------------------------- The words 'By February 3, 1984' are substituted for 'at least one year prior to the expiration of this chapter' for clarity and to reflect the 5-year extension granted the joint funding simplification program by the Act of December 16, 1980 (Pub. L. 96-534, 94 Stat. 3164). The word 'comprehensive' is omitted as unnecessary. The word 'amendment' is substituted for 'modification' for clarity. The word 'include' is substituted for 'provide', and the word 'operation' is substituted for 'functioning', for consistency in the chapter. ------DocID 39566 Document 466 of 536------ -CITE- 31 USC Sec. 7112 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 71 -HEAD- Sec. 7112. Expiration date -STATUTE- This chapter expires on February 3, 1985. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7112 42:4251(note). Dec. 5, 1974, Pub. L. 93-510, Sec. 13, 88 Stat. 1608; Dec. 16, 1980, Pub. L. 96-534, 94 Stat. 3164. ------------------------------- ------DocID 39567 Document 467 of 536------ -CITE- 31 USC CHAPTER 73 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 73 -HEAD- CHAPTER 73 - ADMINISTERING BLOCK GRANTS -MISC1- Sec. 7301. Purpose. 7302. Definitions. 7303. Reports and public hearings on proposed uses of amounts. 7304. Availability of records. 7305. State auditing requirements. ------DocID 39568 Document 468 of 536------ -CITE- 31 USC Sec. 7301 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 73 -HEAD- Sec. 7301. Purpose -STATUTE- It is the purpose of this chapter to ensure that - (1) block grant amounts are allocated for programs of special importance to meet the needs of local governments, residents of local governments, and other eligible entities; and (2) all eligible local governments, residents of local governments, and other eligible entities are treated fairly in distributing block grant amounts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7301 31:1243(note). Aug. 13, 1981, Pub. L. 97-35, Sec. 1741(a), 95 Stat. 762. ------------------------------- In the chapter, the words 'chief executive officer' are added for consistency in the revised title and with other titles of the United States Code. In the section, before clause (1), the words 'It is the purpose of this chapter' are added for clarity and consistency in the revised title and with other titles of the Code. The words 'each State which receives block grant funds under this Act shall comply with the requirements of this chapter, to the extent that such funds may be used at the discretion of the State, as described in subsection (b)(1)(B)' are omitted as surplus and because of the restatement of the source provisions in section 7302 of the revised title. In clause (2), the words 'urban and rural' are omitted as surplus. ------DocID 39569 Document 469 of 536------ -CITE- 31 USC Sec. 7302 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 73 -HEAD- Sec. 7302. Definitions -STATUTE- In this chapter - (1) 'block grant amounts' means amounts received for a program that - (A) directly allocates amounts to States only, except for amounts allocated for use by the agency administering the program; and (B) provides that the State may use any part of the amounts at its discretion to continue to support activities financed on August 12, 1981, under programs whose authorizations were discontinued by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357) and that were financed on August 12, 1981, by allocations by the United States Government to local governments or other eligible entities, or both local governments and other eligible entities. (2) 'State' includes the District of Columbia and territories and possessions of the United States. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1040.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7302 31:1243(note). Aug. 13, 1981, Pub. L. 97-35, Sec. 1741(b), 95 Stat. 763. ------------------------------- In clause (1)(A), the word 'Federal' is omitted as surplus because of section 101 of the revised title. -REFTEXT- REFERENCES IN TEXT The Omnibus Budget Reconciliation Act of 1981, referred to in par. (1)(B), is Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357, as amended. For complete classification of this Act to the Code, see Tables. ------DocID 39570 Document 470 of 536------ -CITE- 31 USC Sec. 7303 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 73 -HEAD- Sec. 7303. Reports and public hearings on proposed uses of amounts -STATUTE- (a)(1) The chief executive officer of each State shall prepare for each fiscal year a report on the proposed use during the fiscal year of block grant amounts received by the State. The report shall include - (A) a statement of goals and objectives; (B) information on the types of activities to be supported, geographic areas to be served, and categories or characteristics of individuals to be served; and (C) the criteria for, and way of, distributing the amounts, including details on the way amounts will be distributed on the basis of need to carry out the purposes of the block grant amounts. (2) Beginning with the fiscal year ending September 30, 1983, each report shall describe how the State met the goals, objectives, and needs in using the amounts described in the report for the prior fiscal year. (b) A State may not receive block grant amounts for a fiscal year until the State conducts a public hearing, after adequate public notice, on the proposed use and distribution of the amounts set out in the report prepared under subsection (a) of this section for the fiscal year. (c) Each report prepared under subsection (a) of this section and changes to the report shall be made public in the State on a timely basis and in a way that encourages comments from interested local government and persons. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1040.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7303 31:1243(note). Aug. 13, 1981, Pub. L. 97-35, Sec. 1742, 95 Stat. 763. ------------------------------- In subsection (a)(1), before clause (A), the words 'for each fiscal year' and 'during the fiscal year' are substituted for 'for the previous fiscal year' for clarity. In subsection (b), the words 'by the State' are omitted as surplus. In subsection (c), the words 'by a State' are omitted as surplus. ------DocID 39571 Document 471 of 536------ -CITE- 31 USC Sec. 7304 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 73 -HEAD- Sec. 7304. Availability of records -STATUTE- To evaluate and review the use of block grant amounts, consolidated assistance, and other grant programs established or provided for in the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357), records related to the amounts, assistance, or programs that are in the possession, custody, or control of a State, a political subdivision of a State, or a grantee of a State or political subdivision of a State shall be made available to the Comptroller General. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1040.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7304 31:1243(note). Aug. 13, 1981, Pub. L. 97-35, Sec. 1744, 95 Stat. 764. ------------------------------- The words 'records . . . shall be made available to' are substituted for 'shall have access to any books, accounts, records, correspondence, or other documents' for consistency in the revised title and with other titles of the United States Code. -REFTEXT- REFERENCES IN TEXT The Omnibus Budget Reconciliation Act of 1981, referred to in text, is Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357, as amended. For complete classification of this Act to the Code, see Tables. ------DocID 39572 Document 472 of 536------ -CITE- 31 USC Sec. 7305 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 73 -HEAD- Sec. 7305. State auditing requirements -STATUTE- (a) The chief executive officer of each State shall conduct financial and compliance audits of block grant amounts received under the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357) and amounts received under a consolidated assistance program established or provided for in the Act. An audit shall be conducted for the 2-year period beginning on October 1, 1981, and for each 2-year period thereafter. As far as practicable, the audit shall be conducted consistent with standards the Comptroller General prescribes for the audit of governmental entities, programs, activities, and functions. (b) An audit under subsection (a) of this section is in place of other financial and compliance audits of those amounts that the chief executive officer of the State is required to conduct under another provision of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357) unless the other provision, by explicit reference to this section, provides otherwise. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1041.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 7305 31:1243(note). Aug. 13, 1981, Pub. L. 97-35, Sec. 1745, 95 Stat. 764. ------------------------------- In subsection (a), the word 'prescribes' is substituted for 'established', and the word 'entities' is substituted for 'organizations', for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words 'of funds' and 'conducted' are omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Omnibus Budget Reconciliation Act of 1981, referred to in text, is Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357, as amended. For complete classification of this Act to the Code, see Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 2932. ------DocID 39573 Document 473 of 536------ -CITE- 31 USC CHAPTER 75 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 75 -HEAD- CHAPTER 75 - REQUIREMENTS FOR SINGLE AUDITS -MISC1- Sec. 7501. Definitions. 7502. Audit requirements; exemptions. 7503. Relation to other audit requirements. 7504. Cognizant agency responsibilities. 7505. Regulations. 7506. Monitoring responsibilities of the Comptroller General. 7507. Effective date; report. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 20 sections 1063a, 1078, 1094, 1211a; title 25 sections 450c, 2506; title 33 sections 1361, 1386; title 42 sections 1437g, 1437l, 5161, 9611. ------DocID 39574 Document 474 of 536------ -CITE- 31 USC Sec. 7501 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 75 -HEAD- Sec. 7501. Definitions -STATUTE- As used in this chapter, the term - (1) 'cognizant agency' means a Federal agency which is assigned by the Director with the responsibility for implementing the requirements of this chapter with respect to a particular State or local government. (2) 'Comptroller General' means the Comptroller General of the United States. (3) 'Director' means the Director of the Office of Management and Budget. (4) 'Federal financial assistance' means assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, or direct appropriations, but does not include direct Federal cash assistance to individuals. (5) 'Federal agency' has the same meaning as the term 'agency' in section 551(1) of title 5, United States Code. (6) 'generally accepted accounting principles' has the meaning specified in the generally accepted government auditing standards. (7) 'generally accepted government auditing standards' means the standards for audit of governmental organizations, programs, activities, and functions, issued by the Comptroller General. (8) 'independent auditor' means - (A) an external State or local government auditor who meets the independence standards included in generally accepted government auditing standards, or (B) a public accountant who meets such independence standards. (9) 'internal controls' means the plan of organization and methods and procedures adopted by management to ensure that - (A) resource use is consistent with laws, regulations, and policies; (B) resources are safeguarded against waste, loss, and misuse; and (C) reliable data are obtained, maintained, and fairly disclosed in reports. (10) 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation (as defined in, or established under, the Alaskan Native Claims Settlement Act) that is recognized by the United States as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (11) 'local government' means any unit of local government within a State, including a county, borough, municipality, city, town, township, parish, local public authority, special district, school district, intrastate district, council of governments, and any other instrumentality of local government. (12) 'major Federal assistance program' means any program for which total expenditures of Federal financial assistance by the State or local government during the applicable year exceed - (A) $20,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $7,000,000,000; (B) $19,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $6,000,000,000 but are less than or equal to $7,000,000,000; (C) $16,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $5,000,000,000 but are less than or equal to $6,000,000,000; (D) $13,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $4,000,000,000 but are less than or equal to $5,000,000,000; (E) $10,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $3,000,000,000 but are less than or equal to $4,000,000,000; (F) $7,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $2,000,000,000 but are less than or equal to $3,000,000,000; (G) $4,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $1,000,000,000 but are less than or equal to $2,000,000,000; (H) $3,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $100,000,000 but are less than or equal to $1,000,000,000; and (I) the larger of (i) $300,000, or (ii) 3 percent of such total expenditures for all programs, in the case of a State or local government for which such total expenditures for all programs exceed $100,000 but are less than or equal to $100,000,000. (13) 'public accountants' means those individuals who meet the qualification standards included in generally accepted government auditing standards for personnel performing government audits. (14) 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian tribe. (15) 'subrecipient' means any person or government department, agency, or establishment that receives Federal financial assistance through a State or local government, but does not include an individual that receives such assistance. -SOURCE- (Added Pub. L. 98-502, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2327.) -REFTEXT- REFERENCES IN TEXT The Alaskan Native Claims Settlement Act, referred to in par. (10), probably means the Alaska Native Claims Settlement Act, Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. -MISC2- SHORT TITLE Section 1(a) of Pub. L. 98-502 provided that: 'This Act (enacting this chapter) may be cited as the 'Single Audit Act of 1984'.' CONGRESSIONAL STATEMENT OF PURPOSE Section 1(b) of Pub. L. 98-502 provided that: 'It is the purpose of this Act (enacting this chapter) - '(1) to improve the financial management of State and local governments with respect to Federal financial assistance programs; '(2) to establish uniform requirements for audits of Federal financial assistance provided to State and local governments; '(3) to promote the efficient and effective use of audit resources; and '(4) to ensure that Federal departments and agencies, to the maximum extent practicable, rely upon and use audit work done pursuant to chapter 75 of title 31, United States Code (as added by this Act).' TENNESSEE VALLEY AUTHORITY AUDITS UNAFFECTED BY SINGLE AUDIT REQUIREMENTS Section 2(b) of Pub. L. 98-502 provided that: 'The provisions of this Act (enacting this chapter) shall not diminish or otherwise affect the authority of the Tennessee Valley Authority to conduct its own audits of any matter involving funds disbursed by the Tennessee Valley Authority.' ------DocID 39575 Document 475 of 536------ -CITE- 31 USC Sec. 7502 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 75 -HEAD- Sec. 7502. Audit requirements; exemptions -STATUTE- (a)(1)(A) Each State and local government which receives a total amount of Federal financial assistance equal to or in excess of $100,000 in any fiscal year of such government shall have an audit made for such fiscal year in accordance with the requirements of this chapter and the requirements of the regulations prescribed pursuant to section 7505 of this title. (B) Each State and local government that receives a total amount of Federal financial assistance which is equal to or in excess of $25,000 but less than $100,000 in any fiscal year of such government shall - (i) have an audit made for such fiscal year in accordance with the requirements of this chapter and the requirements of the regulations prescribed pursuant to section 7505 of this title; or (ii) comply with any applicable requirements concerning financial or financial and compliance audits contained in Federal statutes and regulations governing programs under which such Federal financial assistance is provided to that government. (C) Each State and local government that receives a total amount of Federal financial assistance which is less than $25,000 in any fiscal year of such government shall be exempt for such fiscal year from compliance with - (i) the audit requirements of this chapter; and (ii) any applicable requirements concerning financial or financial and compliance audits contained in Federal statutes and regulations governing programs under which such Federal financial assistance is provided to that government. The provisions of clause (ii) of this subparagraph do not exempt a State or local government from compliance with any provision of a Federal statute or regulation that requires such government to maintain records concerning Federal financial assistance provided to such government or that permits a Federal agency or the Comptroller General access to such records. (2) For purposes of this section, a State or local government shall be considered to receive Federal financial assistance whether such assistance is received directly from a Federal agency or indirectly through another State or local government. (b)(1) Except as provided in paragraphs (2) and (3), audits conducted pursuant to this chapter shall be conducted annually. (2) If a State or local government is required - (A) by constitution or statute, as in effect on the date of enactment of this chapter, or (B) by administrative rules, regulations, guidelines, standards, or policies, as in effect on such date, to conduct its audits less frequently than annually, the cognizant agency for such government shall, upon request of such government, permit the government to conduct its audits pursuant to this chapter biennially, except as provided in paragraph (3). Such audits shall cover both years within the biennial period. (3) Any State or local government that is permitted, under clause (B) of paragraph (2), to conduct its audits pursuant to this chapter biennially by reason of the requirements of a rule, regulation, guideline, standard, or policy, shall, for any of its fiscal years beginning after December 31, 1986, conduct such audits annually unless such State or local government codifies a requirement for biennial audits in its constitution or statutes by January 1, 1987. Audits conducted biennially under the provisions of this paragraph shall cover both years within the biennial period. (c) Each audit conducted pursuant to subsection (a) shall be conducted by an independent auditor in accordance with generally accepted government auditing standards, except that, for the purposes of this chapter, such standards shall not be construed to require economy and efficiency audits, program results audits, or program evaluations. (d)(1) Each audit conducted pursuant to subsection (a) for any fiscal year shall cover the entire State or local government's operations except that, at the option of such government - (A) such audit may, except as provided in paragraph (5), cover only each department, agency, or establishment which received, expended, or otherwise administered Federal financial assistance during such fiscal year; and (B) such audit may exclude public hospitals and public colleges and universities. (2) Each such audit shall encompass the entirety of the financial operations of such government or of such department, agency, or establishment, whichever is applicable, and shall determine and report whether - (A)(i) the financial statements of the government, department, agency, or establishment present fairly its financial position and the results of its financial operations in accordance with generally accepted accounting principles; and (ii) the government, department, agency, or establishment has complied with laws and regulations that may have a material effect upon the financial statements; (B) the government, department, agency, or establishment has internal control systems to provide reasonable assurance that it is managing Federal financial assistance programs in compliance with applicable laws and regulations; and (C) the government, department, agency, or establishment has complied with laws and regulations that may have a material effect upon each major Federal assistance program. In complying with the requirements of subparagraph (C), the independent auditor shall select and test a representative number of transactions from each major Federal assistance program. (3) Transactions selected from Federal assistance programs, other than major Federal assistance programs, pursuant to the requirements of paragraphs (2)(A) and (2)(B) shall be tested for compliance with Federal laws and regulations that apply to such transactions. Any noncompliance found in such transactions by the independent auditor in making determinations required by this paragraph shall be reported. (4) The number of transactions selected and tested under paragraphs (2) and (3), the selection and testing of such transactions, and the determinations required by such paragraphs shall be based on the professional judgment of the independent auditor. (5) Each State or local government which, in any fiscal year of such government, receives directly from the Department of the Treasury a total of $25,000 or more under chapter 67 (FOOTNOTE 1) of this title (relating to general revenue sharing) and which is required to conduct an audit pursuant to this chapter for such fiscal year shall not have the option provided by paragraph (1)(A) for such fiscal year. (FOOTNOTE 1) See References in Text note below. (6) A series of audits of individual departments, agencies, and establishments for the same fiscal year may be considered to be an audit for the purpose of this chapter. (e)(1) Each State and local government subject to the audit requirements of this chapter, which receives Federal financial assistance and provides $25,000 or more of such assistance in any fiscal year to a subrecipient, shall - (A) if the subrecipient conducts an audit in accordance with the requirements of this chapter, review such audit and ensure that prompt and appropriate corrective action is taken on instances of material noncompliance with applicable laws and regulations with respect to Federal financial assistance provided to the subrecipient by the State or local government; or (B) if the subrecipient does not conduct an audit in accordance with the requirements of this chapter - (i) determine whether the expenditures of Federal financial assistance provided to the subrecipient by the State or local government are in accordance with applicable laws and regulations; and (ii) ensure that prompt and appropriate corrective action is taken on instances of material noncompliance with applicable laws and regulations with respect to Federal financial assistance provided to the subrecipient by the State or local government. (2) Each such State and local government shall require each subrecipient of Federal assistance through such government to permit, as a condition of receiving funds from such assistance, the independent auditor of the State or local government to have such access to the subrecipient's records and financial statements as may be necessary for the State or local government to comply with this chapter. (f) The report made on any audit conducted pursuant to this section shall, within thirty days after completion of such report, be transmitted to the appropriate Federal officials and made available by the State or local government for public inspection. (g) If an audit conducted pursuant to this section finds any material noncompliance with applicable laws and regulations by, or material weakness in the internal controls of, the State or local government with respect to the matters described in subsection (d)(2), the State or local government shall submit to appropriate Federal officials a plan for corrective action to eliminate such material noncompliance or weakness or a statement describing the reasons that corrective action is not necessary. Such plan shall be consistent with the audit resolution standard promulgated by the Comptroller General (as part of the standards for internal controls in the Federal Government) pursuant to section 3512(b) (FOOTNOTE 1) of this title. -SOURCE- (Added Pub. L. 98-502, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2329.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsec. (b)(2)(A), (B), is the date of enactment of Pub. L. 98-502, which was approved Oct. 19, 1984. Chapter 67 of this title, referred to in subsec. (d)(5), was repealed by Pub. L. 99-272, title XIV, Sec. 14001(a)(1), Apr. 7, 1986, 100 Stat. 327. Section 3512(b) of this title, referred to in subsec. (g), was redesignated section 3512(c) of this title by Pub. L. 101-576, title III, Sec. 301(a), Nov. 15, 1990, 104 Stat. 2847. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 7503, 7504 of this title. ------DocID 39576 Document 476 of 536------ -CITE- 31 USC Sec. 7503 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 75 -HEAD- Sec. 7503. Relation to other audit requirements -STATUTE- (a) An audit conducted in accordance with this chapter shall be in lieu of any financial or financial and compliance audit of an individual Federal assistance program which a State or local government is required to conduct under any other Federal law or regulation. To the extend (FOOTNOTE 1) that such audit provides a Federal agency with the information it requires to carry out its responsibilities under Federal law or regulation, a Federal agency shall rely upon and use that information and plan and conduct its own audits accordingly in order to avoid a duplication of effort. (FOOTNOTE 1) So in original. Probably should be 'extent'. (b) Notwithstanding subsection (a), a Federal agency shall conduct any additional audits which are necessary to carry out its responsibilities under Federal law or regulation. The provisions of this chapter do not authorize any State or local government (or subrecipient thereof) to constrain, in any manner, such agency from carrying out such additional audits. (c) The provisions of this chapter do not limit the authority of Federal agencies to conduct, or enter into contracts for the conduct of, audits and evaluations of Federal financial assistance programs, nor limit the authority of any Federal agency Inspector General or other Federal audit official. (d) Subsection (a) shall apply to a State or local government which conducts an audit in accordance with this chapter even though it is not required by section 7502(a) to conduct such audit. (e) A Federal agency that performs or contracts for audits in addition to the audits conducted by recipients pursuant to this chapter shall, consistent with other applicable law, arrange for funding the cost of such additional audits. Such additional audits include economy and efficiency audits, program results audits, and program evaluations. -SOURCE- (Added Pub. L. 98-502, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2332.) ------DocID 39577 Document 477 of 536------ -CITE- 31 USC Sec. 7504 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 75 -HEAD- Sec. 7504. Cognizant agency responsibilities -STATUTE- (a) The Director shall designate cognizant agencies for audits conducted pursuant to this chapter. (b) A cognizant agency shall - (1) ensure that audits are made in a timely manner and in accordance with the requirements of this chapter; (2) ensure that the audit reports and corrective action plans made pursuant to section 7502 of this title are transmitted to the appropriate Federal officials; and (3)(A) coordinate, to the extent practicable, audits done by or under contract with Federal agencies that are in addition to the audits conducted pursuant to this chapter; and (B) ensure that such additional audits build upon the audits conducted pursuant to this chapter. -SOURCE- (Added Pub. L. 98-502, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2333.) ------DocID 39578 Document 478 of 536------ -CITE- 31 USC Sec. 7505 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 75 -HEAD- Sec. 7505. Regulations -STATUTE- (a) The Director, after consultation with the Comptroller General and appropriate Federal, State, and local government officials, shall prescribe policies, procedures, and guidelines to implement this chapter. Each Federal agency shall promulgate such amendments to its regulations as may be necessary to conform such regulations to the requirements of this chapter and of such policies, procedures, and guidelines. (b)(1) The policies, procedures, and guidelines prescribed pursuant to subsection (a) shall include criteria for determining the appropriate charges to programs of Federal financial assistance for the cost of audits. Such criteria shall prohibit a State or local government which is required to conduct an audit pursuant to this chapter from charging to any such program (A) the cost of any financial or financial and compliance audit which is not conducted in accordance with this chapter, and (B) more than a reasonably proportionate share of the cost of any such audit that is conducted in accordance with this chapter. (2) The criteria prescribed pursuant to paragraph (1) shall not, in the absence of documentation demonstrating a higher actual cost, permit (A) the ratio of (i) the total charges by a government to Federal financial assistance programs for the cost of audits performed pursuant to this chapter, to (ii) the total cost of such audits, to exceed (B) the ratio of (i) total Federal financial assistance expended by such government during the applicable fiscal year or years, to (ii) such government's total expenditures during such fiscal year or years. (c) Such policies, procedures, and guidelines shall include such provisions as may be necessary to ensure that small business concerns and business concerns owned and controlled by socially and economically disadvantaged individuals will have the opportunity to participate in the performance of contracts awarded to fulfill the audit requirements of this chapter. -SOURCE- (Added Pub. L. 98-502, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2333.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7502 of this title. ------DocID 39579 Document 479 of 536------ -CITE- 31 USC Sec. 7506 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 75 -HEAD- Sec. 7506. Monitoring responsibilities of the Comptroller General -STATUTE- The Comptroller General shall review provisions requiring financial or financial and compliance audits of recipients of Federal assistance that are contained in bills and resolutions reported by the committees of the Senate and the House of Representatives. If the Comptroller General determines that a bill or resolution contains provisions that are inconsistent with the requirements of this chapter, the Comptroller General shall, at the earliest practicable date, notify in writing - (1) the committee that reported such bill or resolution; and (2)(A) the Committee on Governmental Affairs of the Senate (in the case of a bill or resolution reported by a committee of the Senate); or (B) the Committee on Government Operations of the House of Representatives (in the case of a bill or resolution reported by a committee of the House of Representatives). -SOURCE- (Added Pub. L. 98-502, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2333.) ------DocID 39580 Document 480 of 536------ -CITE- 31 USC Sec. 7507 -EXPCITE- TITLE 31 SUBTITLE V CHAPTER 75 -HEAD- Sec. 7507. Effective date; report -STATUTE- (a) This chapter shall apply to any State or local government with respect to any of its fiscal years which begin after December 31, 1984. (b) The Director, on or before May 1, 1987, and annually thereafter, shall submit to each House of Congress a report on operations under this chapter. Each such report shall specifically identify each Federal agency or State or local government which is failing to comply with this chapter. -SOURCE- (Added Pub. L. 98-502, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2334.) ------DocID 39581 Document 481 of 536------ -CITE- 31 USC SUBTITLE VI -EXPCITE- TITLE 31 SUBTITLE VI -HEAD- SUBTITLE VI - MISCELLANEOUS -MISC1- Chap. Sec. 91. Government Corporations 9101 93. Sureties and Surety Bonds 9301 95. Government Pension Plan Protection 9501 97. Miscellaneous 9701 ------DocID 39582 Document 482 of 536------ -CITE- 31 USC CHAPTER 91 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- CHAPTER 91 - GOVERNMENT CORPORATIONS -MISC1- Sec. 9101. Definitions. 9102. Establishing and acquiring corporations. 9103. Budgets of wholly owned Government corporations. 9104. Congressional action on budgets of wholly owned Government corporations. 9105. Audits. 9106. Management reports. 9107. Accounts. 9108. Obligations. 9109. Exclusion of a wholly owned Government corporation from this chapter. 9110. Standards for depository institutions holding securities of a Government-sponsored corporation for customers. AMENDMENTS 1990 - Pub. L. 101-576, title III, Sec. 306(b), Nov. 15, 1990, 104 Stat. 2854, substituted 'Management' for 'Audit'. 1986 - Pub. L. 99-571, title II, Sec. 201(b)(2), Oct. 28, 1986, 100 Stat. 3224, added item 9110. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3501 of this title; title 2 section 651; title 5 sections 4101, 8147; title 7 section 943; title 12 sections 1438, 1723a, 1789, 2293; title 15 sections 713a-4, 714c; title 16 section 838i; title 20 sections 1082, 1132g-1; title 22 sections 290f, 290h-6, 2199, 2395; title 38 section 4206; title 40 sections 474, 481, 483, 490, 491; title 41 section 403; title 42 sections 294h, 1437h, 4124; title 45 section 741; title 49 App. section 1537; title 50 App. section 1941g. ------DocID 39583 Document 483 of 536------ -CITE- 31 USC Sec. 9101 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9101. Definitions -STATUTE- In this chapter - (1) 'Government corporation' means a mixed-ownership Government corporation and a wholly owned Government corporation. (2) 'mixed-ownership Government corporation' means - (A) Amtrak. (B) the Central Bank for Cooperatives. (C) the Federal Deposit Insurance Corporation. (D) the Federal Home Loan Banks. (E) the Federal Intermediate Credit Banks. (F) the Federal Land Banks. (G) the National Credit Union Administration Central Liquidity Facility. (H) the Regional Banks for Cooperatives. (I) the Rural Telephone Bank when the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a)). (J) the United States Railway Association. (K) The (FOOTNOTE 1) Financing Corporation. (FOOTNOTE 1) So in original. Probably should be 'the'. (L) the Resolution Trust Corporation. (M) the Resolution Funding Corporation. (3) 'wholly owned Government corporation' means - (A) the Commodity Credit Corporation. (B) the Export-Import Bank of the United States. (C) the Federal Crop Insurance Corporation. (D) Federal Prison Industries, Incorporated. ((E) Repealed. Pub. L. 101-73, title III, Sec. 307(e), Aug. 9, 1989, 103 Stat. 353.) (F) the Government National Mortgage Association. (G) the Overseas Private Investment Corporation. (H) the Pennsylvania Avenue Development Corporation. (I) the Pension Benefit Guaranty Corporation. (J) the Rural Telephone Bank until the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a)). (K) the Saint Lawrence Seaway Development Corporation. (L) the Secretary of Housing and Urban Development when carrying out duties and powers related to the Federal Housing Administration Fund. (M) the Tennessee Valley Authority. -SOURCE- (Pub. L. 97-258, Sec. 1, 2(l)(1), Sept. 13, 1982, 96 Stat. 1041, 1062; Pub. L. 97-452, Sec. 1(26), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 100-86, title III, Sec. 303, Aug. 10, 1987, 101 Stat. 597; Pub. L. 101-73, title III, Sec. 307(e), title V, Sec. 501(d), 511(b)(1), Aug. 9, 1989, 103 Stat. 353, 394, 406.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9101(1) (no source). 9101(2) 31:856. Dec. 6, 1945, ch. 557, Sec. 201, 59 Stat. 600; July 26, 1956, ch. 741, Sec. 201(a)(2), (3), 70 Stat. 667; Oct. 30, 1970, Pub. L. 91- 518, Sec. 804, 84 Stat. 1340; May 7, 1971, Pub. L. 92- 12, Sec. 4, 85 Stat. 37; Jan. 2, 1974, Pub. L. 93-236, Sec. 202(g)(1), 301(f) (last sentence), 87 Stat. 992, 1005; Feb. 5, 1976, Pub. L. 94- 210, Sec. 612(b), 90 Stat. 108; Aug. 20, 1978, Pub. L. 95- 351, Sec. 301(a), 92 Stat. 513; Nov. 10, 1978, Pub. L. 95- 630, Sec. 1805, 92 Stat. 3724; Aug. 13, 1981, Pub. L. 97-35, Sec. 396(h)(1), 95 Stat. 440. 9101(3) 31:846. Dec. 6, 1945, ch. 577, Sec. 101, 59 Stat. 597; Aug. 10, 1948, ch. 832, Sec. 501(b)(less proviso), 62 Stat. 1283; June 30, 1949, ch. 285, Sec. 13, 63 Stat. 356; May 13, 1954, ch. 201, Sec. 6, 68 Stat. 95; July 26, 1956, ch. 741, Sec. 201(a)(1), 70 Stat. 667; June 30, 1958, Pub. L. 85-477, Sec. 502(c), 72 Stat. 272; Oct. 4, 1961, Pub. L. 87- 353, Sec. 3(u), 75 Stat. 774; May 25, 1967, Pub. L. 90- 19, Sec. 4, 81 Stat. 20; Aug. 1, 1968, Pub. L. 90-448, Sec. 807(e), 1719(d), 82 Stat. 544, 610; Dec. 30, 1969, Pub. L. 91- 175, Sec. 501, 83 Stat. 825; Oct. 27, 1972, Pub. L. 92- 578, Sec. 15, 86 Stat. 1274; Sept. 2, 1974, Pub. L. 93- 406, Sec. 4002(g)(3), 88 Stat. 1005. ------------------------------- Clause (1) is included because a number of the provisions of the chapter apply to mixed-ownership and wholly owned Government corporations, and the term 'Government corporation' provides a simple phrase to refer to both of those kinds of corporations. In clause (2)(A), 'Amtrak' is substituted for 'National Railroad Passenger Corporation' to conform to section 103(1) of the Rail Passenger Service Act (45 U.S.C. 502(1)). In clause (2)(I), the words 'when the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a))' are added because of 7:943(c) and 950(a). In clause (3), the words 'Regional Agricultural Credit Corporations' are omitted because the corporations were merged with and liquidated by the Regional Agricultural Credit Corporation of Washington, D.C., which was dissolved on April 16, 1949. The words 'Farmers Home Corporation' are omitted because the corporation never was activated. The words 'Federal Surplus Commodities Corporation' are omitted because the corporation and the Division of Marketing and Marketing Agreements were consolidated into the Surplus Marketing Administration, which was merged into the Agricultural Marketing Administration, which was dissolved on March 14, 1947. The words 'Reconstruction Finance Corporation' are omitted because the corporation was abolished on June 30, 1957. The words 'Defense Plant Corporation; Defense Supplies Corporation; Metals Reserve Company; Rubber Reserve Company' are omitted because the corporations and companies were dissolved on July 1, 1945. The words 'War Damage Corporation' are omitted because the corporation was terminated on January 22, 1947. The words 'the RFC Mortgage Company' are omitted because the company was transferred to the Reconstruction Finance Corporation, which was abolished on June 30, 1957. The words 'Disaster Loan Corporation' are omitted because the corporation was dissolved on July 1, 1945. The words 'Inland Waterways Corporation' are omitted because the corporation was liquidated on July 19, 1963. The words 'Warrior River Terminal Company' are omitted because the company was transferred to the Inland Waterways Corporation, which was liquidated on July 13, 1963. The words 'Virgin Islands Corporation' are omitted because the corporation was dissolved on July 1, 1966. The words 'United States Spruce Production Corporation' are omitted because the corporation was dissolved on December 12, 1946. The words 'Institute of Inter-American Affairs' are omitted because the institute was transferred to the Foreign Operations Administration, which was abolished on May 9, 1955. The words 'Institute of Inter-American Transportation' are omitted because the institute was dissolved August 24, 1949. The words 'Inter-American Educational Foundation, Incorporated' are omitted because the foundation was succeeded by the Institute of Inter-American Affairs, which was transferred to the Foreign Operations Administration, which was abolished on May 9, 1955. The words 'Inter-American Navigation Corporation' are omitted because the corporation was dissolved on February 25, 1947. The words 'Prencinradio, Incorporated' are omitted because Prencinradio, Incorporated was dissolved May 10, 1949. The words 'Cargoes, Incorporated' are omitted because Cargoes, Incorporated was dissolved April 30, 1945. The words 'Export-Import Bank of the United States' are substituted for 'Export-Import Bank of Washington' because of section 1(a) of the Act of March 13, 1968 (Pub. L. 90-267, 82 Stat. 47). The words 'Petroleum Reserves Corporation' are omitted because the corporation was transferred to the Office of Economic Warfare, which was consolidated into the Foreign Economic Administration, which was transferred to the Reconstruction Finance Corporation and changed to the War Assets Corporation. The War Assets Corporation was dissolved as soon as practicable after March 25, 1946. The words 'Rubber Development Corporation' are omitted because the certificate of incorporation expired on June 30, 1947. The words 'U. S. Commercial Company' are omitted because the company was liquidated after June 30, 1948. The words 'Smaller War Plants Corporation' are omitted because the corporation was abolished on June 30, 1947. The words 'Defense Homes Corporation' are omitted because the corporation was liquidated on June 30, 1948. The words 'Home Owners' Loan Corporation' are omitted because the corporation was dissolved on February 3, 1954. The words 'United States Housing Corporation' are omitted because the corporation was terminated on September 8, 1952. The words 'Panama Railroad Company' (subsequently changed to 'Panama Canal Company' by section 2(a)(2) of the Act of September 26, 1950 (ch. 1049, 64 Stat. 1038)), are omitted because of 22:ch. 51. The words 'Tennessee Valley Associated Cooperatives, Incorporated' are omitted because the corporation was dissolved on January 18, 1950. In clause (3)(J), the words 'until the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a))' are added because of 7:943(c) and 950(a). Clause (L) is substituted for the 'Federal Housing Administration' because of section 5 of the Department of Housing and Urban Development Act (Pub. L. 89-174, 79 Stat. 669). 1983 ACT This amends 31:9101(2) because the National Consumer Cooperative Bank is no longer a mixed-ownership Government corporation. Section 396(h)(1) and (i) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 440) provided that the Bank would cease being a mixed-ownership Government corporation on the day after the Final Government Equity Redemption Date. Section 501(36) of the Act of December 23, 1981 (Pub. L. 97-101, 95 Stat. 1440), provided that the Redemption Date was December 31, 1981. AMENDMENTS 1989 - Par. (2)(L). Pub. L. 101-73, Sec. 501(d), added subpar. (L). Par. (2)(M). Pub. L. 101-73, Sec. 511(b)(1), added subpar. (M). Par. (3)(E). Pub. L. 101-73, Sec. 307(e), struck out subpar. (E) relating to Federal Savings and Loan Insurance Corporation. 1987 - Par. (2)(K). Pub. L. 100-86 added subpar. (K). 1983 - Par. (2)(K). Pub. L. 97-452 struck out subpar. (K) which had already been struck out by Pub. L. 97-258. See 1982 Amendment note below. 1982 - Par. (2)(K). Pub. L. 97-258, Sec. 2(l)(1), struck out subpar. (K) relating to National Consumer Cooperative Bank. EFFECTIVE DATE OF 1983 AMENDMENT Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97-452, set out as a note under section 3331 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Section 2(l) of Pub. L. 97-258 provided that the amendment made by that section is effective Jan. 1, 1982. -TRANS- ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS The United States Railway Association was abolished effective Apr. 1, 1987, with all powers, duties, rights, and obligations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to Secretary of Transportation on Jan. 1, 1987, and any securities of Corporation held by Association transferred to Secretary of Transportation on Oct. 21, 1986, see section 1341 of Title 45, Railroads. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1105, 1344, 1352 of this title; title 2 section 651; title 5 section 8147; title 7 section 943; title 12 sections 1757, 2293; title 16 section 838i; title 41 section 601. ------DocID 39584 Document 484 of 536------ -CITE- 31 USC Sec. 9102 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9102. Establishing and acquiring corporations -STATUTE- An agency may establish or acquire a corporation to act as an agency only by or under a law of the United States specifically authorizing the action. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1042.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9102 31:869(a). Dec. 6, 1945, ch. 557, Sec. 304(a), 59 Stat. 602. ------------------------------- The word 'agency' is substituted for 'officer or agency of the Federal Government or by any Government corporation' and 'agency or instrumentality of the United States' because of section 101 of the revised title, for consistency, and because a Government corporation is an 'instrumentality of the United States Government'. The word 'establish' is substituted for 'created, organized' to eliminate unnecessary words. The words 'on or after December 6, 1945' are omitted as executed. The words 'law of the United States' are substituted for 'Act of Congress' for consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 2081; title 26 section 7608. ------DocID 39585 Document 485 of 536------ -CITE- 31 USC Sec. 9103 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9103. Budgets of wholly owned Government corporations -STATUTE- (a) Each wholly owned Government corporation shall prepare and submit each year to the President a business-type budget in a way, and before a date, the President prescribes by regulation for the budget program. (b) The budget program for each wholly owned Government corporation shall - (1) contain estimates of the financial condition and operations of the corporation for the current and following fiscal years and the condition and results of operations in the last fiscal year; (2) contain statements of financial condition, income and expense, and sources and use of money, an analysis of surplus or deficit, and additional statements and information to make known the financial condition and operations of the corporation, including estimates of operations by major activities, administrative expenses, borrowings, the amount of United States Government capital that will be returned to the Treasury during the fiscal year, and appropriations needed to restore capital impairments; and (3) provide for emergencies and contingencies and otherwise be flexible so that the corporation may carry out its activities. (c) The President shall submit the budget programs submitted by wholly owned Government corporations (as changed by the President) as part of the budget submitted to Congress under section 1105 of this title. The President thereafter may submit changes in a budget program of a corporation at any time. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1042.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9103(a) 31:847(1st sentence). Dec. 6, 1945, ch. 557, Sec. 102, 59 Stat. 598; Sept. 12, 1950, ch. 946, Sec. 105, 64 Stat. 834. 9103(b) 31:847(2d-last sentences). 9103(c) 31:848. Dec. 6, 1945, ch. 557, Sec. 103, 59 Stat. 598. ------------------------------- In subsection (a), the word 'President' is substituted for 'Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words 'in a way, and before a date, the President prescribes by regulation for the budget program' are substituted for 'under such rules and regulations as the President may establish as to the date of submission, the form and content, the classifications of data, and the manner in which such budget program shall be prepared and presented' to eliminate unnecessary words. In subsection (b), before clause (1), the words 'budget program' are substituted for 'budget program shall be a business-type budget, or plan of operation' for consistency and to eliminate unnecessary words. In clause (1), the words 'actual' and 'completed' are omitted as surplus. In clause (2), the words 'as are necessary or desirable', 'types of', 'together with', and 'funds' are omitted as surplus. In clause (3), the words 'as authorized by law' are omitted as surplus. In subsection (c), the words 'as changed' are substituted for 'as modified, amended, or revised' to eliminate unnecessary words. The word 'submit' is substituted for 'transmitted' for consistency. The word 'annual' is omitted as surplus. The word 'thereafter' is added for clarity. The text of 31:848 (last par.) is omitted as unnecessary. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 sections 1749bbb-13, 1757; title 15 section 633; title 19 section 2081; title 26 section 7608; title 42 sections 295h-3d, 4017; title 48 section 1574b. ------DocID 39586 Document 486 of 536------ -CITE- 31 USC Sec. 9104 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9104. Congressional action on budgets of wholly owned Government corporations -STATUTE- (a) Congress shall - (1) consider budget programs for wholly owned Government corporations the President submits; (2) make necessary appropriations authorized by law; (3) make corporate financial resources available for operating and administrative expenses; and (4) provide for repaying capital and the payment of dividends. (b) This section does not - (1) prevent a wholly owned Government corporation from carrying out or financing its activities as authorized under another law; (2) affect section 26 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831y); or (3) affect the authority of a wholly owned Government corporation to make a commitment without fiscal year limitation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1043.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9104(a) 31:849(1st sentence). Dec. 6, 1945, ch. 557, Sec. 104, 59 Stat. 598; restated July 30, 1947, ch. 358, Sec. 307, 61 Stat. 584. 9104(b) 31:849(2d, last sentences). ------------------------------- In subsection (a), the words 'budget programs for wholly owned Government corporations' are substituted for 'Budget programs' for clarity and consistency. The words 'legislation . . . be enacted', 'as may be', 'for expenditure', 'corporate funds or other', 'or limiting the use thereof', 'as the Congress may determine', and 'funds' are omitted as surplus. In subsection (b), the word 'existing' is omitted as surplus. In clause (1), the word 'another' is added for clarity. In clause (3), the words 'contracts or other' and 'reference to' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 3109, 5721, 7903; title 12 section 1749bbb-13; title 15 section 633; title 22 section 2195; title 41 section 5a; title 42 sections 295h-3d, 4017; title 44 section 309; title 48 section 1574b. ------DocID 39587 Document 487 of 536------ -CITE- 31 USC Sec. 9105 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9105. Audits -STATUTE- (a)(1) The financial statements of Government corporations shall be audited by the Inspector General of the corporation appointed under the Inspector General Act of 1978 (5 U.S.C. App.) or by an independent external auditor, as determined by the Inspector General or, if there is no Inspector General, by the head of the corporation. (2) Audits under this section shall be conducted in accordance with applicable generally accepted government auditing standards. (3) Upon completion of the audit required by this subsection, the person who audits the statement shall submit a report on the audit to the head of the Government corporation, to the Chairman of the Committee on Government Operations of the House of Representatives, and to the Chairman of the Committee on Governmental Affairs of the Senate. (4) The Comptroller General of the United States - (A) may review any audit of a financial statement conducted under this subsection by an Inspector General or an external auditor; (B) shall report to the Congress, the Director of the Office of Management and Budget, and the head of the Government corporation which prepared the statement, regarding the results of the review and make any recommendation the Comptroller General of the United States considers appropriate; and (C) may audit a financial statement of a Government corporation at the discretion of the Comptroller General or at the request of a committee of the Congress. An audit the Comptroller General performs under this paragraph shall be in lieu of the audit otherwise required by paragraph (1) of this subsection. Prior to performing such audit, the Comptroller General shall consult with the Inspector General of the agency which prepared the statement. (5) A Government corporation shall reimburse the Comptroller General of the United States for the full cost of any audit conducted by the Comptroller General under this subsection, as determined by the Comptroller General. All reimbursements received under this paragraph by the Comptroller General of the United States shall be deposited in the Treasury as miscellaneous receipts. (b) Upon request of the Comptroller General of the United States, a Government corporation shall provide to the Comptroller General of the United States all books, accounts, financial records, reports, files, workpapers, and property belonging to or in use by the Government corporation and its auditor that the Comptroller General of the United States considers necessary to the performance of any audit or review under this section. (c) Activities of the Comptroller General of the United States under this section are in lieu of any audit of the financial transactions of a Government corporation that the Comptroller General is required to make under any other law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1043; Pub. L. 100-86, title IV, Sec. 403, Aug. 10, 1987, 101 Stat. 609; Pub. L. 100-233, title VII, Sec. 703, Jan. 6, 1988, 101 Stat. 1706; Pub. L. 100-399, title VI, Sec. 602, Aug. 17, 1988, 102 Stat. 1006; Pub. L. 101-73, title V, Sec. 511(b)(2), Aug. 9, 1989, 103 Stat. 406; Pub. L. 101-576, title III, Sec. 305, Nov. 15, 1990, 104 Stat. 2853.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9105(a) 31:850(1st sentence Dec. 6, 1945, ch. 1st-16th, 30th-46th 557, Sec. 105, 59 words, 4th-last Stat. 599; Aug. 30, sentences). 1964, Pub. L. 88- 518, Sec. 2(a), 78 Stat. 698; Jan. 2, 1975, Pub. L. 93- 604, Sec. 601(a), 88 Stat. 1962. 31:857(1st sentence Dec. 6, 1945, ch. 1st-26th, 39th-last 557, Sec. 202, 59 words, 4th-last Stat. 600; Aug. 30, sentences). 1964, Pub. L. 88- 518, Sec. 1(a), 78 Stat. 698; Jan. 2, 1975, Pub. L. 93- 604, Sec. 601(c), 88 Stat. 1962. 9105(b) 31:866(a)(last Dec. 6, 1945, ch. proviso), (b). 557, Sec. 301, 59 Stat. 601. 9105(c) 31:850(1st sentence 17th-29th words, 2d, 3d sentences). 31:857(1st sentence 27th-38th words, 2d, 3d sentences). 9105(d) 31:850(1st sentence proviso). 9105(e) 31:866(a)(words before 1st comma, 1st proviso), (d). 9105(f) 31:866(c). 9105(g) 31:866(a)(words between 1st comma and 1st proviso). ------------------------------- In the section, the words 'Comptroller General' are substituted for 'General Accounting Office' for consistency. In subsection (a), the words 'rules and . . . of the United States' are omitted as surplus. The words 'United States' are added for consistency. The text of 31:850(4th sentence) and 857(4th sentence) and the words 'Effective July 1, 1974' are omitted as executed. In subsection (b)(1), the words 'pursuant to law' are omitted as surplus. In subsection (b)(2), the words 'may make a contract' are substituted for 'is authorized in his discretion to employ by contract' to eliminate unnecessary words. In subsection (c), before clause (1), the words 'at the place or places' and 'of the respective corporations' are omitted as surplus. The words 'A Government corporation shall' are added for clarity. In clause (1), the words 'make available . . . for audit all records' are substituted for 'The representatives of . . . shall have access to all books, accounts, financial records, reports, files, and all other papers' for consistency and because of the restatement. The words 'things, or' are omitted because they are included in 'property'. In clause (2), the word 'full' is omitted as surplus. Subsection (d) is substituted for 31:850(1st sentence proviso words before 7th comma) because of the restatement. In subsection (e), the words 'The Comptroller General shall pay the cost of an audit' are substituted for 'The expenses of auditing the financial transactions of wholly owned and mixed-ownership Government corporations as provided in sections 850 and 857 of this title shall be borne out of appropriations to the General Accounting Office' to eliminate unnecessary words. The words 'full' and 'otherwise . . . funds of any . . . be used to . . . of the offices' are omitted as surplus. The words 'except the cost of such audits contracted for and undertaken prior to April 25, 1945' are omitted as executed. Subsection (g) is substituted for 31:866(a)(words between 1st comma and 1st proviso) for clarity and consistency. -REFTEXT- REFERENCES IN TEXT The Inspector General Act of 1978, referred to in subsec. (a)(1), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1990 - Pub. L. 101-576 amended section generally. Prior to amendment, section required Comptroller General to audit financial transactions of Government corporations at least once every 3 years, the Federal Savings and Loan Insurance Corporation and Federal home loan banks each year, the Federal Asset Disposition Association and the Federal Agricultural Mortgage Corporation as necessary; suggested that Comptroller General in conducting an audit use reports of examinations of Government corporation by supervising administrative agency and authorized Comptroller General to contract for professional services; required audits to be conducted consistent with principles and procedures applicable to commercial corporate transactions; set forth responsibility for payment of audit cost, and authorized appropriations. 1989 - Subsec. (a)(2). Pub. L. 101-73 struck out 'Federal Savings and Loan Insurance Corporation and' after 'The Comptroller General shall audit the' and inserted sentence at end requiring the Comptroller General to audit the Resolution Funding Corporation annually. 1988 - Subsec. (a)(4). Pub. L. 100-399 substituted 'Corporation' for 'Association' in subpar. (B)(i). Pub. L. 100-233 added par. (4). 1987 - Subsec. (a)(3). Pub. L. 100-86 added par. (3). EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9106 of this title; title 12 sections 1431, 1441, 1441a, 1441b, 1789; title 16 sections 831n-4, 838i; title 42 section 12833. ------DocID 39588 Document 488 of 536------ -CITE- 31 USC Sec. 9106 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9106. Management reports -STATUTE- (a)(1) A Government corporation shall submit an annual management report to the Congress not later than 180 days after the end of the Government corporation's fiscal year. (2) A management report under this subsection shall include - (A) a statement of financial position; (B) a statement of operations; (C) a statement of cash flows; (D) a reconciliation to the budget report of the Government corporation, if applicable; (E) a statement on internal accounting and administrative control systems by the head of the management of the corporation, consistent with the requirements for agency statements on internal accounting and administrative control systems under the amendments made by the Federal Managers' Financial Integrity Act of 1982 (Public Law 97-255); (F) the report resulting from an audit of the financial statements of the corporation conducted under section 9105 of this title; and (G) any other comments and information necessary to inform the Congress about the operations and financial condition of the corporation. (b) A Government corporation shall provide the President, the Director of the Office of Management and Budget, and the Comptroller General of the United States a copy of the management report when it is submitted to Congress. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1044; Pub. L. 101-576, title III, Sec. 306(a), Nov. 15, 1990, 104 Stat. 2854.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9106(a) 31:851(1st-3d Dec. 6, 1945, ch. sentences). 557, Sec. 106, 59 Stat. 599; Aug. 30, 1964, Pub. L. 88- 518, Sec. 2(b), 78 Stat. 698; Jan. 2, 1975, Pub. L. 93- 604, Sec. 601(b), 88 Stat. 1962. 31:858(1st-3d Dec. 6, 1945, ch. sentences). 557, Sec. 203, 59 Stat. 600; Aug. 30, 1964, Pub. L. 88- 518, Sec. 1(b), 78 Stat. 698; Jan. 2, 1975, Pub. L. 93- 604, Sec. 601(d), 88 Stat. 1963. 9106(b) 31:851(last sentence). 31:858(last sentence). ------------------------------- In subsection (a), before clause (1), the words 'of a Government corporation' are added for clarity. In clause (5), the words 'program, expenditure, or other', 'observed in the course of the audit', and 'of law' are omitted as surplus. In clause (6), the word 'statement' is substituted for 'report' for consistency. The words 'noted in the audit' are omitted as surplus. The word 'made' is substituted for 'accomplished' for consistency. In clause (7), the word 'other' is added for clarity because of the restatement. The words 'with respect thereto' are omitted as surplus. In subsection (b), the words 'The Comptroller General' are added for clarity. -REFTEXT- REFERENCES IN TEXT The Federal Managers' Financial Integrity Act of 1982, referred to in subsec. (a)(2)(E), is Pub. L. 97-255, Sept. 8, 1982, 96 Stat. 814, which added subsec. (d) to section 66a of former Title 31, Money and Finance. Section 66a of former Title 31 was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof as section 3512 of this title. Provisions relating to statements on internal accounting and administrative control systems are restated in section 3512(d)(2) and (3) of this title. -MISC2- AMENDMENTS 1990 - Pub. L. 101-576 substituted 'Management' for 'Audit' in section catchline and amended text of section generally. Prior to amendment, section read as follows: '(a) The Comptroller General shall submit to Congress a report on each audit of a Government corporation under section 9105 of this title not later than 6.5 months after the end of the last year covered by the audit. The report shall state the scope of the audit and include - '(1) a statement (showing intercorporate relations) of assets, liabilities, capital, and surplus or deficit; '(2) a statement of surplus or deficit analysis; '(3) a statement of income and expenditures; '(4) a statement of sources and the use of money; '(5) specifically each financial transaction or undertaking the Comptroller General believes was carried out or made without authority of law; '(6) comments and information the Comptroller General considers necessary to keep Congress informed about the operations and financial condition of the Government corporation, including a statement of impaired capital noticed and recommendations for the return of capital of the United States Government or the payment of dividends the Comptroller General believes should be made; and '(7) other recommendations the Comptroller General considers advisable. '(b) The Comptroller General shall give the President, the Secretary of the Treasury, and the Government corporation a copy of the report when it is submitted to Congress.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 831n-4, 838i; title 22 section 2199; title 42 section 12833. ------DocID 39589 Document 489 of 536------ -CITE- 31 USC Sec. 9107 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9107. Accounts -STATUTE- (a) With the approval of the Comptroller General, a Government corporation may consolidate its cash into an account if the cash will be expended as provided by law. (b) The Secretary of the Treasury shall keep the accounts of a Government corporation. If the Secretary approves, a Federal reserve bank or a bank designated as a depositary or fiscal agent of the United States Government may keep the accounts. The Secretary may waive the requirements of this subsection. (c)(1) Subsection (b) of this section does not apply to maintaining a temporary account of not more than $50,000 in one bank. (2) Subsection (b) of this section does not apply to a mixed-ownership Government corporation when the corporation has no capital of the Government. (3) Subsection (b) of this section does not apply to the Federal Intermediate Credit Banks, the Central Bank for Cooperatives, the Regional Banks for Cooperatives, or the Federal Land Banks. However, the head of each of those banks shall report each year to the Secretary the names of depositaries where accounts are kept. If the Secretary considers it advisable when an annual report is received, the Secretary may make a written report to the corporation, the President, and Congress. -SOURCE- (Pub. L. 97-258, Sec. 1, 2(l)(2), Sept. 13, 1982, 96 Stat. 1044, 1062; Pub. L. 97-452, Sec. 1(27), Jan. 12, 1983, 96 Stat. 2478.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9107(a) 31:870. Aug. 24, 1949, ch. 506, Sec. 309, 63 Stat. 662. 9107(b) 31:867(1st sentence Dec. 6, 1945, ch. less last proviso). 577, Sec. 302, 59 Stat. 601; July 26, 1956, ch. 741, Sec. 201(a)(4), 70 Stat. 667; Aug. 20, 1978, Pub. L. 95-351, Sec. 301(b), 92 Stat. 514; Aug. 13, 1981, Pub. L. 97- 35, Sec. 396(h)(2), 95 Stat. 440. 9107(c)(1) 31:867(1st sentence last proviso). 9107(c)(2) 31:868(d)(1st Dec. 6, 1945, ch. sentence related to 577, Sec. 31:867). 303(d)(1st sentence related to Sec. 302), 59 Stat. 602. 9107(c)(3) 31:867(last sentence). ------------------------------- In subsection (a), the words 'After June 30, 1949' are omitted as executed. The words 'Government corporation' are substituted for 'corporations or agencies subject to this chapter' because of section 9101(1) of the revised title. The words 'notwithstanding the provisions of any other law', 'or more . . . for banking and checking purposes', and 'including amounts appropriated, from whatever source derived' are omitted as surplus. The words 'if the cash will be expended as provided by law' are substituted for 31:870(proviso) to eliminate unnecessary words. In subsections (b) and (c), the words 'banking or checking' are omitted as surplus. In subsection (b), the words 'Secretary of the Treasury' are substituted for 'Treasurer of the United States' because of the source provisions restated in section 321(c) of the revised title. The words 'wholly owned and mixed-ownership' and 'under such conditions as he may determine' are omitted as surplus. In subsection (c)(1), the words 'establishment and' and 'in any one bank' are omitted as surplus. In subsection (c)(3), the words 'head of each' are added for consistency. 1983 ACT This amends 31:9107(c)(3) and 9108(d)(2) because the National Consumer Cooperative Bank is no longer a mixed-ownership Government corporation. Section 396(h)(2) and (3) and (i) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 440) provided that references to the Bank in sections 302 and 303(d)(2d sentence) of the Government Corporation Control Act would be deleted on the day after the Final Government Equity Redemption Date. Section 501(36) of the Act of December 23, 1981 (Pub. L. 97-101, 95 Stat. 1440), provided that the Redemption Date was December 31, 1981. AMENDMENTS 1983 - Subsec. (c)(3). Pub. L. 97-452 struck out 'the National Consumer Cooperative Bank,' after 'Regional Banks for Cooperatives,' which had already been struck out by Pub. L. 97-258. See 1982 Amendment note below. 1982 - Subsec. (c)(3). Pub. L. 97-258, Sec. 2(l)(2), struck out 'the National Consumer Cooperative Bank,' after 'Regional Banks for Cooperatives,'. EFFECTIVE DATE OF 1983 AMENDMENT Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97-452, set out as a note under section 3331 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Section 2(l) of Pub. L. 97-258 provided that the amendment made by such section is effective Jan. 1, 1982. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 sections 1431, 1441, 1441a, 1441b; title 20 section 1132g-1. ------DocID 39590 Document 490 of 536------ -CITE- 31 USC Sec. 9108 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9108. Obligations -STATUTE- (a) Before a Government corporation issues obligations and offers obligations to the public, the Secretary of the Treasury shall prescribe - (1) the form, denomination, maturity, interest rate, and conditions to which the obligations will be subject; (2) the way and time the obligations are issued; and (3) the price for which the obligations will be sold. (b) A Government corporation may buy or sell a direct obligation of the United States Government, or an obligation on which the principal, interest, or both, is guaranteed, of more than $100,000 only when the Secretary approves the purchase or sale. The Secretary may waive the requirement of this subsection under conditions the Secretary may decide. (c) The Secretary may designate an officer or employee of an agency to carry out this section if the head of the agency agrees. (d)(1) This section does not apply to a mixed-ownership Government corporation when the corporation has no capital of the Government. (2) Subsections (a) and (b) of this section do not apply to the Rural Telephone Bank (when the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a))), the Federal Intermediate Credit Banks, the Central Bank for Cooperatives, the Regional Banks for Cooperatives, and the Federal Land Banks. However, the head of each of those banks shall consult with the Secretary before taking action of the kind described in subsection (a) or (b). If agreement is not reached, the Secretary may make a written report to the corporation, the President, and Congress on the reasons for the Secretary's disagreement. -SOURCE- (Pub. L. 97-258, Sec. 1, 2(l)(2), Sept. 13, 1982, 96 Stat. 1045, 1062; Pub. L. 97-452, Sec. 1(27), Jan. 12, 1983, 96 Stat. 2478.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9108(a) 31:868(a). Dec. 6, 1945, ch. 557, Sec. 303(less (d)(1st sentence related to Sec. 302)), 59 Stat. 601; July 26, 1956, ch. 741, Sec. 201(a)(4), 70 Stat. 667; May 7, 1971, Pub. L. 92-12, Sec. 5, 85 Stat. 37; Aug. 20, 1978, Pub. L. 95-351, Sec. 301(c), 92 Stat. 514; Aug. 13, 1981, Pub. L. 97-35, Sec. 396(h)(3), 95 Stat. 441. 9108(b) 31:868(b). 9108(c) 31:868(c). 9108(d) 31:868(d)(less 1st sentence related to 31:867). ------------------------------- In subsections (a) and (b), the words 'on or after December 6, 1945' are omitted as executed. The words 'wholly owned or mixed-ownership' are omitted because of section 9101(1) of the revised title. In subsection (a), before clause (1), the word 'Before' is substituted for 'which are' for clarity. The words 'bonds, notes, debentures, and other similar' are omitted as surplus. The words 'as have been' are omitted as executed. In clause (1), the words 'terms and' are omitted as surplus. The restatement of the source provisions does not affect other existing laws. In subsection (b), the word 'Government' is added for consistency. The words 'for its own account and in its own right and interest, at any one time aggregating' and 'his approval with respect to any transaction or classes of transactions subject to the provisions of . . . for such period of time and' are omitted as surplus. In subsection (c), the word 'agency' is substituted for 'Federal agency' because of section 101 of the revised title. The words 'any of the functions vested in him by' and 'for such purpose' are omitted as surplus. In subsection (d)(2), the words '(when the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a)))' are added because of 7:943(c) and 950(a). The words 'head of each' are added for consistency. The words 'be required to' are omitted as surplus. 1983 ACT This amends 31:9107(c)(3) and 9108(d)(2) because the National Consumer Cooperative Bank is no longer a mixed-ownership Government corporation. Section 396(h)(2) and (3) and (i) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 440) provided that references to the Bank in sections 302 and 303(d)(2d sentence) of the Government Corporation Control Act would be deleted on the day after the Final Government Equity Redemption Date. Section 501(36) of the Act of December 23, 1981 (Pub. L. 97-101, 95 Stat. 1440), provided that the Redemption Date was December 31, 1981. AMENDMENTS 1983 - Subsec. (d)(2). Pub. L. 97-452 struck out 'the National Consumer Cooperative Bank,' after 'the Regional Banks for Cooperatives,' which had already been struck out by Pub. L. 97-258. See 1982 Amendment note below. 1982 - Subsec. (d)(2). Pub. L. 97-258, Sec. 2(l)(2), struck out 'the National Consumer Cooperative Bank,' after 'Regional Banks for Cooperatives,'. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-452 effective Sept. 13, 1982, see section 2(i) of Pub. L. 97-452, set out as a note under section 3331 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Section 2(l) of Pub. L. 97-258 provided that the amendment made by such section is effective Jan. 1, 1982. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 sections 1431, 1441, 1441a, 1441b. ------DocID 39591 Document 491 of 536------ -CITE- 31 USC Sec. 9109 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9109. Exclusion of a wholly owned Government corporation from this chapter -STATUTE- When the President considers it practicable and in the public interest, the President shall include in the budget submitted to Congress under section 1105 of this title a recommendation that a wholly owned Government corporation be deemed to be an agency (except a corporation) under chapter 11 of this title and for fiscal matters. If Congress approves the recommendation, the corporation is deemed to be an agency (except a corporation) under chapter 11 and for fiscal matters for fiscal years beginning after the fiscal year of approval and is not subject to this chapter. The corporate entity is not affected by this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1045.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9109 31:852. Dec. 6, 1945, ch. 577, Sec. 107, 59 Stat. 599. ------------------------------- The word 'President' is substituted for 'Director of the Office of Management and Budget' because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words 'with the approval of the President' are omitted because of the restatement. The word 'considers' is substituted for 'deemed' for consistency. The words 'in connection with the budget program of such corporation' are omitted as surplus. The words 'submitted to Congress under section 1105 of this title' are added for clarity. The words 'deemed to be' are substituted for 'treated . . . as if it were' for consistency. The word 'agency' is substituted for 'Government agency' and 'establishment' because of section 101 of the revised title and for consistency. The words 'if it were', 'appropriations, expenditures, receipts, accounts, and other', and 'in connection with the budget program for any fiscal year' are omitted as surplus. The words 'deemed to be' are substituted for 'regarded as' for consistency. ------DocID 39592 Document 492 of 536------ -CITE- 31 USC Sec. 9110 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 91 -HEAD- Sec. 9110. Standards for depository institutions holding securities of a Government-sponsored corporation for customers -STATUTE- (a) The Secretary shall prescribe by regulation standards for the safeguarding and use of obligations that are government securities described in subparagraph (B) or (C) of section 3(a)(42) of the Securities Exchange Act of 1934. Such regulations shall apply only to a depository institution that is not a government securities broker or a government securities dealer and that holds such obligations as fiduciary, custodian, or otherwise for the account of a customer and not for its own account. Such regulations shall provide for the adequate segregation of obligations so held, including obligations which are purchased or sold subject to resale or repurchase. (b) Violation of a regulation prescribed under subsection (a) shall constitute adequate basis for the issuance of an order under section 5239(a) or (b) of the Revised Statutes (12 U.S.C. 93(a) or (b)), section 8(b) or 8(c) of the Federal Deposit Insurance Act, section 5(d)(2) or 5(d)(3) (FOOTNOTE 1) of the Home Owners' Loan Act of 1933, section 407(e) or 407(f) (FOOTNOTE 1) of the National Housing Act, or section 206(e) or 206(f) of the Federal Credit Union Act. Such an order may be issued with respect to a depository institution by its appropriate regulatory agency and with respect to a federally insured credit union by the National Credit Union Administration. (FOOTNOTE 1) See References in Text note below. (c) Nothing in this section shall be construed to affect in any way the powers of such agencies under any other provision of law. (d) The Secretary shall, prior to adopting regulations under this section, determine with respect to each appropriate regulatory agency and the National Credit Union Administration Board, whether its rules and standards adequately meet the purposes of regulations to be promulgated under this section, and if the Secretary so determines, shall exempt any depository institution subject to such rules or standards from the regulations promulgated under this section. (e) As used in this subsection - (1) 'depository institution' has the meaning stated in clauses (i) through (vi) of subparagraph (FOOTNOTE 2) 19(b)(1)(A) of the Federal Reserve Act and also includes a foreign bank, an agency or branch of a foreign bank, and a commercial lending company owned or controlled by a foreign bank (as such terms are defined in the International Banking Act of 1978). (FOOTNOTE 2) So in original. Probably should be 'section'. (2) 'government securities broker' has the meaning prescribed in section 3(a)(43) of the Securities Exchange Act of 1934. (3) 'government securities dealer' has the meaning prescribed in section 3(a)(44) of the Securities Exchange Act of 1934. (4) 'appropriate regulatory agency' has the meaning prescribed in section 3(a)(34)(G) of the Securities Exchange Act of 1934. -SOURCE- (Added Pub. L. 99-571, title II, Sec. 201(b)(1), Oct. 28, 1986, 100 Stat. 3223.) -REFTEXT- REFERENCES IN TEXT Section 3(a)(34)(G), (42)(B), (C), (43), (44) of the Securities Exchange Act of 1934, referred to in subsecs. (a) and (e)(2)-(4), is classified to section 78c(a)(34)(G), (42)(B), (C), (43), (44) of Title 15, Commerce and Trade. Section 8(b) or 8(c) of the Federal Deposit Insurance Act, referred to in subsec. (b), is classified to section 1818(b), (c) of Title 12, Banks and Banking. Section 5(d)(2) or 5(d)(3) of the Home Owners' Loan Act of 1933, referred to in subsec. (b), is classified to section 1464(d)(2), (3) of Title 12, but was amended generally by Pub. L. 101-73, title III, Sec. 301, Aug. 9, 1989, 103 Stat. 282, and no longer relates to issuance of orders. See section 1464(d)(1) of Title 12. Section 407 of the National Housing Act, referred to in subsec. (b), which was classified to section 1730 of Title 12, was repealed by Pub. L. 101-73, title IV, Sec. 407, Aug. 9, 1989, 103 Stat. 363. Section 206(e) or 206(f) of the Federal Credit Union Act, referred to in subsec. (b), is classified to section 1786(e), (f) of Title 12. Clauses (i) through (vi) of subparagraph (section) 19(b)(1)(A) of the Federal Reserve Act, referred to in subsec. (e)(1), are classified to section 461(b)(1)(A)(i) to (vi) of Title 12. The International Banking Act of 1978, referred to in subsec. (e)(1), is Pub. L. 95-369, Sept. 17, 1978, 92 Stat. 607, which enacted sections 347d, 611a, and 3101 to 3108 of Title 12, amended sections 72, 378, 614, 615, 618, 619, 1813, 1815, 1817, 1818, 1820, 1821, 1822, 1823, 1828, 1829b, 1831b, and 1841 of Title 12, and enacted provisions set out as notes under sections 36, 247, 601, 611a, and 3101 of Title 12. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 12 and Tables. -MISC2- EFFECTIVE DATE; PROMULGATION OF REGULATIONS Section effective 270 days after Oct. 28, 1986, except that the Secretary of the Treasury and each appropriate regulatory agency shall publish for notice and public comment within 120 days after Oct. 28, 1986, initial implementing regulations to become effective as temporary regulations 210 days after Oct. 28, 1986, and as final regulations not later than 270 days after Oct. 28, 1986, see title IV of Pub. L. 99-571, set out as a note under section 78o-5 of Title 15, Commerce and Trade. TRANSITIONAL AND SAVINGS PROVISIONS For transitional and savings provisions of Pub. L. 99-571, see section 301 of Pub. L. 99-571, set out as a note under section 78o-5 of Title 15, Commerce and Trade. ------DocID 39593 Document 493 of 536------ -CITE- 31 USC CHAPTER 93 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- CHAPTER 93 - SURETIES AND SURETY BONDS -MISC1- Sec. 9301. Definitions. 9302. Prohibition against surety bonds for United States Government personnel. 9303. Use of Government obligations instead of surety bonds. 9304. Surety corporations. 9305. Authority and revocation of authority of surety corporations. 9306. Surety corporations acting outside area of incorporation and place of principal office. 9307. Civil actions and judgments against surety corporations. 9308. Civil penalty. 9309. Priority of sureties. ------DocID 39594 Document 494 of 536------ -CITE- 31 USC Sec. 9301 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9301. Definitions -STATUTE- In this chapter - (1) 'person' means an individual, a trust, an estate, a partnership, and a corporation. (2) 'Government obligation' means a public debt obligation of the United States Government and an obligation whose principal and interest is unconditionally guaranteed by the Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1046.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9301 6:15(10th, last sentences). ------------------------------- In clause (1), the words after the semicolon are omitted as unnecessary because of the restatement. Clause (2) is substituted for 6:15(last sentence) for consistency and to eliminate unnecessary words. ------DocID 39595 Document 495 of 536------ -CITE- 31 USC Sec. 9302 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9302. Prohibition against surety bonds for United States Government personnel -STATUTE- An agency (except a mixed-ownership Government corporation) may not require or obtain a surety bond for a member of the uniformed services or an officer or employee of the United States Government in carrying out official duties. This section does not affect the personal financial liability of the member, officer, or employee. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1046.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9302 31:1201. June 6, 1972, Pub. L. 92-310, Sec. 101, 86 Stat. 201. ------------------------------- The words 'agency (except a mixed-ownership Government corporation)' are substituted for 31:1201(c)(words before last comma) and 'agency of the Federal Government' because of section 101 of the revised title and for consistency. The words 'member of the uniformed services or an officer or employee of the United States Government' are substituted for 'civilian employees or military personnel' for consistency with other titles of the United States Code. The words 'in carrying out official duties' are substituted for 'in connection with the performance of their official duties' to eliminate unnecessary words and because of the restatement. The words 'to the Federal Government' are omitted as surplus. The words 'member, officer, or employee' are substituted for 'employees and personnel' because of the restatement. ------DocID 39596 Document 496 of 536------ -CITE- 31 USC Sec. 9303 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9303. Use of Government obligations instead of surety bonds -STATUTE- (a) If a person is required under a law of the United States to give a surety bond, the person may give a Government obligation as security instead of a surety bond. The obligation shall - (1) be given to the official having authority to approve the surety bond; (2) be in an amount equal at par value to the amount of the required surety bond; and (3) authorize the official receiving the obligation to collect or sell the obligation if the person defaults on a required condition. (b)(1) An official receiving a Government obligation under subsection (a) of this section may deposit it with - (A) the Secretary of the Treasury; (B) a Federal reserve bank; or (C) a depositary designated by the Secretary. (2) The Secretary, bank, or depositary shall issue a receipt that describes the obligation deposited. (c) Using a Government obligation instead of a surety bond for security is the same as using - (1) a personal or corporate surety bond; (2) a certified check; (3) a bank draft; (4) a post office money order; or (5) cash. (d) When security is no longer required, a Government obligation given instead of a surety bond shall be returned to the person giving the obligation. If a person, supplying labor or material to a contractor defaulting under the Act of August 24, 1935 (known as the Miller Act) (40 U.S.C. 270a-270d), files with the United States Government the application and affidavit provided under section 3 of the Act (40 U.S.C. 270c), the Government - (1) may return to the contractor the Government obligation given as security (or proceeds of the Government obligation given) under the Act of August 24, 1935 (known as the Miller Act) (40 U.S.C. 270a-270d), only after the 90-day period for bringing a civil action under section 2 of the Act (40 U.S.C. 270b); and (2) if a civil action is brought in the 90-day period, shall hold the Government obligation or the proceeds subject to the order of the court having jurisdiction of the action. (e) This section does not affect the - (1) priority of a claim of the Government against a Government obligation given under this section; (2) right or remedy of the Government for default on an obligation provided under - (A) the Act of August 24, 1935 (known as the Miller Act) (40 U.S.C. 270a-270d); or (B) this section; (3) authority of a court over a Government obligation given as security in a civil action; and (4) authority of an official of the Government authorized by another law to receive a Government obligation as security. (f) To avoid frequent substitution of Government obligations, the Secretary may prescribe regulations limiting the effect of this section to a Government obligation maturing more than one year after the date the obligation is given as security. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1046.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9303(a) 6:15(1st sentence). 9303(b) 6:15(3d sentence). 9303(c) 6:15(2d sentence). 9303(d) 6:15(4th, 5th sentences). 9303(e) 6:15(6th, 8th sentences). 9303(f) 6:15(7th, 9th, 11th sentences). ------------------------------- In subsection (a), before clause (1), the words 'If a person is required under a law of the United States to give a surety bond, the person may give a Government obligation as security instead of a surety bond' are substituted for 'Wherever by the laws of the United States or regulations made pursuant thereto, any person is required to furnish any recognizance, stipulation, bond, guaranty, or undertaking, hereinafter called 'penal bond', with surety or sureties, such person may, in lieu of such surety or sureties, deposit as security . . . United States Liberty bonds or other bonds or notes of the United States' to eliminate unnecessary words and for consistency. The words 'The obligation shall be' are added because of the restatement. Clause (3) is substituted for 'together with an agreement authorizing such official to collect or sell such bonds or notes so deposited in case of any default in the performance of any of the conditions or stipulations of such penal bond' to eliminate unnecessary words. In subsection (b)(1), before clause (A), the words 'An official receiving a Government obligation under subsection (a) of this section may deposit it with' are substituted for 'The bonds or notes deposited hereunder, and such other United States bonds or notes as may be substituted therefor from time to time as such security, may be deposited with' for clarity and consistency and to eliminate unnecessary words. Clause (A) is substituted for 'Treasurer of the United States' because of the source provisions restated in section 321(c) of the revised title. In clause (C), the words 'duly' and 'for that purpose' are omitted as unnecessary. Subsection (b)(2) is substituted for 'which shall issue receipt therefor, describing such bonds or notes so deposited' to eliminate unnecessary words and for consistency. In subsection (c), before clause (1), the words 'Using a Government obligation instead of a surety bond for security is the same as using' are substituted for 'The acceptance of such United States bonds or notes in lieu of surety or sureties required by law shall have the same force and effect as' to eliminate unnecessary words and for consistency. In clause (1), the word 'personal' is substituted for 'individual' for consistency. Subsection (d) is substituted for 6:15(4th, 5th sentences) to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code. In subsection (e), before clause (1), the words 'This section does not' are substituted for 'Nothing herein contained shall' for clarity and consistency. The words 'or impair' are omitted as being covered by 'affect'. Clause (1) is substituted for 'the bonds or notes deposited' for clarity and consistency. In clause (2), the words 'of said penal bond' are omitted because of the restatement. In clause (3), the words 'civil action' are substituted for 'judicial proceedings' for consistency. In clause (4), the word 'official' is substituted for 'administrative officer' for consistency. In subsection (f), the words 'in order' are omitted as unnecessary. The words 'Government obligations' are substituted for 'securities' and for 'bonds and notes of the United States' for consistency. The words 'the Secretary may prescribe regulations limiting' are substituted for 'such rules and regulations may limit' for clarity and consistency. The words 'in appropriate classes of cases' are omitted as unnecessary. The words 'the obligation is given' are substituted for 'of deposit of such bonds' for clarity and consistency. The text of 6:15(7th sentence) is omitted as executed. The text of 6:15(9th sentence) is omitted because of section 321 of the revised title. -REFTEXT- REFERENCES IN TEXT Act August 24, 1935 (known as the Miller Act), referred to in subsecs. (d) and (e)(2)(A), is act Aug. 24, 1935, ch. 642, 49 Stat. 793, as amended, which is classified generally to sections 270a to 270d of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 270a of Title 40 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 11 section 345; title 26 sections 5177, 5403, 7102, 7485. ------DocID 39597 Document 497 of 536------ -CITE- 31 USC Sec. 9304 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9304. Surety corporations -STATUTE- (a) When a law of the United States Government requires or permits a person to give a surety bond through a surety, the person satisfies the law if the surety bond is provided for the person by a corporation - (1) incorporated under the laws of - (A) the United States; or (B) a State, the District of Columbia, or a territory or possession of the United States; (2) that may under those laws guarantee - (A) the fidelity of persons holding positions of trust; and (B) bonds and undertakings in judicial proceedings; and (3) complying with sections 9305 and 9306 of this title. (b) Each surety bond shall be approved by the official of the Government required to approve or accept the bond. The official may not require that the surety bond be given through a guaranty corporation or through any particular guaranty corporation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1047.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9304 6:6. ------------------------------- Subsection (a) is substituted for 6:6(1st sentence) to eliminate unnecessary words and for clarity and consistency. Clause (3) is added for clarity. In subsection (b), the words 'Each surety bond' are substituted for 'Such recognizance, stipulation, bond, or undertaking', the words 'official of the Government' are substituted for 'head of department, court, judge, officer, board, or body executive, legislative, or judicial', and the word 'official' is substituted for 'officer or person having the approval of any bond', to eliminate unnecessary words and for clarity and consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9305, 9306, 9307, 9308 of this title; title 5 section 8478; title 12 section 1766; title 29 sections 502, 1112, 1363. ------DocID 39598 Document 498 of 536------ -CITE- 31 USC Sec. 9305 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9305. Authority and revocation of authority of surety corporations -STATUTE- (a) Before becoming a surety under section 9304 of this title, a surety corporation must file with the Secretary of the Treasury - (1) a copy of the articles of incorporation of the corporation; and (2) a statement of the assets and liabilities of the corporation signed and sworn to by the president and secretary of the corporation. (b) The Secretary may authorize in writing a surety corporation to provide surety bonds under section 9304 of this title if the Secretary decides that - (1) the articles of incorporation of the corporation authorize the corporation to do business described in section 9304(a)(2) of this title; (2) the corporation has paid-up capital of at least $250,000 in cash or its equivalent; and (3) the corporation is able to carry out its contracts. (c) A surety corporation authorized under subsection (b) of this section to provide surety bonds shall file with the Secretary each January, April, July, and October a statement of the assets and liabilities of the corporation signed and sworn to by the president and secretary of the corporation. (d) The Secretary - (1) shall revoke the authority of a surety corporation to do new business if the Secretary decides the corporation is insolvent or is in violation of this section or section 9304 or 9306 of this title; (2) may investigate the solvency of a surety corporation at any time; and (3) may require additional security from the person required to provide a surety bond if the Secretary decides that a surety corporation no longer is sufficient security. (e) A surety corporation providing a surety bond under section 9304 of this title may not provide any additional bond under that section if - (1) the corporation does not pay a final judgment or order against it on the bond; and (2) no appeal or stay of the judgment or order is pending 30 days after the judgment or order is entered. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1047.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9305(a), (b) 6:8. 9305(c), (d) 6:9. 9305(e) 6:11. ------------------------------- In subsection (a), before clause (1), the words 'Before becoming a surety under section 9304 of this title, a surety corporation must file' are substituted for 'Every company, before transacting any business under sections 6 to 13 of this title, shall deposit' for consistency and as being more precise. In clause (1), the words 'charter or' are omitted as being included in 'articles of incorporation'. Subsection (b) is substituted for 6:8(2d sentence) for clarity and consistency and because of the restatement. In subsection (c), the words 'A surety corporation authorized under subsection (b) of this section to provide surety bonds' are substituted for 'Every such company' for clarity. The words 'as is required by section 8 of this title' are omitted as unnecessary because of the restatement. In subsection (d)(1), the word 'shall' is substituted for 'shall have the power, and it shall be his duty, to' to eliminate unnecessary words. The words 'under sections 6 to 13 of this title' are omitted as unnecessary because of the restatement. The words 'conducting its business' are omitted as surplus. In clause (3), the words 'that . . . be given at any time' are omitted as surplus. The words 'from the person required to provide a surety bond' are substituted for 'by any principal' for clarity. Subsection (e) is substituted for 6:11 to eliminate unnecessary words, for clarity and consistency, and because of the restatement. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9304, 9307, 9308 of this title; title 5 section 8478; title 12 section 1766; title 29 sections 502, 1112, 1363. ------DocID 39599 Document 499 of 536------ -CITE- 31 USC Sec. 9306 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9306. Surety corporations acting outside area of incorporation and place of principal office -STATUTE- (a) A surety corporation may provide a surety bond under section 9304 of this title in a judicial district outside the State, the District of Columbia, or a territory or possession of the United States under whose laws it was incorporated and in which its principal office is located only if the corporation designates a person by written power of attorney to be the resident agent of the corporation for that district. The designated person - (1) may appear for the surety corporation; (2) may receive service of process for the corporation; (3) must reside in the jurisdiction of the district court for the district in which a surety bond is to be provided; and (4) must be a domiciliary of the State, the District of Columbia, territory, or possession in which the court sits. (b) The surety corporation shall file a certified copy of the power of attorney with the clerk of the district court for the district in which a surety bond is to be given at each place the court sits. A copy of the power of attorney may be used as evidence in a civil action under section 9307 of this title. (c)(1) If a resident agent is removed, resigns, dies, or becomes disabled, the surety corporation shall appoint another agent as described in this section. (2) Until an appointment is made under paragraph (1) of this subsection or during an absence of an agent from the district in which the surety bond is given, service of process may be made on the clerk of the court in which a civil action against the corporation is brought. The official serving process on the clerk of the court - (A) immediately shall mail a copy of the process to the corporation; and (B) shall state in the official's return that the official served the process on the clerk of the court. (3) A judgment or order of a court entered or made after service of process under this section is as valid as if the corporation were served in the judicial district of the court. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1048.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9306 6:7. ------------------------------- In subsection (a), before clause (1), the words 'in a judicial district' are added for clarity. The word 'outside' is substituted for 'beyond the limits' to eliminate unnecessary words. The words 'territory or possession of the United States' are substituted for 'Territory' for consistency in the revised title. The word 'resident' is added for consistency. In subsection (b), the words 'duly . . . and authenticated' are omitted as surplus. The words 'in which a surety bond is to be given' are added for clarity and because of the restatement. The words 'the court sits' are substituted for 'where a term of such court is or may be held', and the words 'A copy of the power of attorney may be used as evidence in a civil action' are substituted for 'which copy, or a certified copy thereof, shall be legal evidence in all controversies', to eliminate unnecessary words and for clarity and consistency. In subsection (c)(1), the words 'a resident' are substituted for 'any such' for clarity. The words 'becomes disabled' are substituted for 'become insane, or otherwise incapable of acting' to eliminate unnecessary words. The words 'the surety corporation shall' are substituted for 'it shall be the duty of such company to' to eliminate unnecessary words and for consistency. The words 'in his place' are omitted as unnecessary. In subsection (c)(2), before clause (A), the words 'the district in which the surety bond is given' are substituted for 'such district', and the words 'a civil action against the corporation' are substituted for 'such suit', for clarity and consistency. The words 'with like effect as upon an agent appointed by the company' are omitted as unnecessary. The words 'official serving' are substituted for 'officer executing such' for consistency. Clause (2) is substituted for 'state such fact in his return' for clarity. In subsection (c)(3), the words 'decree or' are omitted as being included in 'order'. The words 'and binding' are omitted as being included in 'valid'. The words 'as if the corporation were served in the judicial district of the court' are substituted for 'on such company as if served with process in said district' for clarity and consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9304, 9305, 9307, 9308 of this title; title 5 section 8478; title 12 section 1766; title 29 sections 502, 1112, 1363. ------DocID 39600 Document 500 of 536------ -CITE- 31 USC Sec. 9307 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9307. Civil actions and judgments against surety corporations -STATUTE- (a)(1) A surety corporation providing a surety bond under section 9304 of this title may be sued in a court of the United States having jurisdiction of civil actions on surety bonds in - (A) the judicial district in which the surety bond was provided; or (B) the district in which the principal office of the corporation is located. (2) Under sections 9304-9308 of this title, a surety bond is deemed to be provided in the district - (A) in which the principal office of the surety corporation is located; (B) to which the surety bond is returnable; (C) in which the surety bond is filed; and (D) in which the person required to provide a surety bond resided when the bond was provided. (b) In a proceeding against a surety corporation providing a surety bond under section 9304 of this title, the corporation may not deny its power to provide a surety bond or to assume liability. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1049.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9307(a) 6:10. 9307(b) 6:12. ------------------------------- In subsection (a)(1), before clause (A), the words 'corporation providing a surety bond' are substituted for 'company doing business' for consistency. The words 'in respect thereof' are omitted as surplus. The words 'civil actions on surety bonds' are substituted for 'actions or suits upon such recognizance, stipulation, bond, or undertaking' for consistency. In clause (A), the words 'the surety bond was provided' are substituted for 'such recognizance, stipulation, bond, or undertaking was made or guaranteed' for consistency. In subsection (a)(2), before clause (A), the words 'a surety bond is deemed to be provided' are substituted for 'such recognizance, stipulation, bond, or undertaking shall be treated as made or guaranteed' for consistency. In clause (A), the words 'principal office of the surety corporation' are substituted for 'office' for clarity and consistency. In clause (D), the words 'person required to provide a surety bond resided when the bond was provided' are substituted for 'principal in such recognizance, stipulation, bond, or undertaking resided when it was made or guaranteed' for consistency. Subsection (b) is substituted for 6:12 to eliminate unnecessary words and for consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9306, 9308 of this title; title 5 section 8478; title 12 section 1766; title 29 sections 502, 1112, 1363. ------DocID 39601 Document 501 of 536------ -CITE- 31 USC Sec. 9308 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9308. Civil penalty -STATUTE- A surety corporation is liable to the United States Government for a civil penalty of at least $500 but not more than $5,000 for violating section 9304, 9305, or 9306 of this title. A civil action under this section may be brought in a judicial district in which a civil action may be brought against the corporation under section 9307 of this title. A penalty imposed under this section does not affect the validity of a contract made by the surety corporation. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1049.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9308 6:13. ------------------------------- The section is substituted for 6:13 for clarity and consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9307 of this title; title 5 section 8478; title 12 section 1766; title 29 sections 502, 1112, 1363. ------DocID 39602 Document 502 of 536------ -CITE- 31 USC Sec. 9309 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 93 -HEAD- Sec. 9309. Priority of sureties -STATUTE- When a person required to provide a surety bond given to the United States Government is insolvent or dies having assets insufficient to pay debts, the surety, or the executor, administrator, or assignee of the surety paying the Government the amount due under the bond - (1) has the same priority to amounts from the assets and estate of the person as are secured for the Government; and (2) personally may bring a civil action under the bond to recover amounts paid under the bond. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1049.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9309 31:193. R.S. Sec. 3468. ------------------------------- In the section, before clause (1), the words 'person required to provide a surety bond' are substituted for 'principal in any bond' for clarity and consistency. The words 'dies having assets insufficient to pay debts' are substituted for 'whenever, such principal being deceased, his estate and effects which come to the hands of his executor, administrator, or assignee, are insufficient for the payment of his debts' to eliminate unnecessary words. The words 'and, in either of such cases', 'on the bond', and 'such surety, his executor, administrator, or assignee' are omitted as unnecessary. Clause (1) is substituted for 'shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the United States' to eliminate unnecessary words and for clarity. In clause (2), the words 'and maintain' are omitted as surplus. The words 'civil action' are substituted for 'suit' for consistency. The words 'in law or equity' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 1631g; title 50 App. section 34. ------DocID 39603 Document 503 of 536------ -CITE- 31 USC CHAPTER 95 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 95 -HEAD- CHAPTER 95 - GOVERNMENT PENSION PLAN PROTECTION -MISC1- Sec. 9501. Purpose. 9502. Definitions. 9503. Reports about Government pension plans. 9504. Review and recommendations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 10 sections 1464, 1465. ------DocID 39604 Document 504 of 536------ -CITE- 31 USC Sec. 9501 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 95 -HEAD- Sec. 9501. Purpose -STATUTE- The purpose of this chapter is to protect the interests of the United States and of the participants and their beneficiaries in Government pension plans by requiring complete disclosure of the financial condition of those plans. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9501 31:68. Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 120; added Nov. 4, 1978, Pub. L. 95-595, Sec. 1, 92 Stat. 2541. ------------------------------- The words 'United States' are substituted for 'Nation' for clarity and consistency. The words 'and certain other pension plans' are omitted as unnecessary. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9504 of this title. ------DocID 39605 Document 505 of 536------ -CITE- 31 USC Sec. 9502 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 95 -HEAD- Sec. 9502. Definitions -STATUTE- In this chapter - (1) 'Government pension plan' - (A) means a pension, annuity, retirement, or similar plan (except a plan covered under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) or a plan or program financed by contributions required under chapter 21 or 22 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et seq., 3201 et seq.)) established or maintained by an agency, for any of its officers or employees, regardless of the number of participants covered by the plan; and (B) includes - (i) the Civil Service Retirement System. (ii) the Coast Guard Retirement System. (iii) the Commissioned Corps of the Public Health Service Retirement System. (iv) the Farm Credit District Retirement Plans. (v) the Federal Home Loan Bank Board Retirement Systems. (vi) the Federal Home Loan Mortgage Corporation Plan. (vii) the Federal Reserve Employees Retirement Plans. (viii) the Foreign Service Retirement and Disability System. (ix) judicial plans. (x) the Military Retirement System. (xi) the National Oceanic and Atmospheric Administration Retirement System. (xii) nonappropriated fund plans. (xiii) the Tennessee Valley Authority Retirement System. (2) 'plan year' means the calendar, policy, or fiscal year chosen by the Government pension plan on which the records of the plan are kept. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9502(1) 31:68c. Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 123, 124; added Nov. 4, 1978, Pub. L. 95-595, Sec. 1, 92 Stat. 2542. 9502(2) 31:68d. ------------------------------- In clause (1), before subclause (A), the word 'Federal' is omitted as unnecessary. In subclause (A), the words 'whether or not such plan is an employee pension benefit plan within the meaning of section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2))' are omitted as surplus. The words 'an agency' are substituted for 'Government of the United States, or any agency or instrumentality thereof' because of section 101 of the revised title. In subclause (B), before subclause (i), the words 'but is not limited to' are omitted as surplus. The text of 31:68c(b)(words before colon) is omitted as unnecessary because of the restatement. In clause (2), 31:68d(1st sentence) is omitted as executed. The definition in 31:68d(last sentence) is made applicable to the chapter for clarity because the defined term is used in 9503(a)(1)(B) of the revised title. -REFTEXT- REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in par. (1)(A), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 832, as amended, which is classified principally to chapter 18 (Sec. 1001 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. -MISC2- AMENDMENTS 1986 - Par. (1)(A). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9503 of this title. ------DocID 39606 Document 506 of 536------ -CITE- 31 USC Sec. 9503 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 95 -HEAD- Sec. 9503. Reports about Government pension plans -STATUTE- (a) A Government pension plan is subject to section 103 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023) in the same way that an employee pension benefit plan is subject to section 103. However, section 103 applies to a Government pension plan for officers or employees of the Central Intelligence Agency only if the President specifically approves application of the requirements of section 103 in writing. In applying section 103 to a Government pension plan - (1) the annual report shall be - (A) in the form and include information the President, in consultation with the Comptroller General, prescribes or, if the pension plan is referred to in section 9502(1)(B)(iv)-(vii) or (ix) of this title, the Comptroller General prescribes; and (B) submitted to Congress and to the Comptroller General by the end of the 210-day period beginning on the day after the last day of the plan year involved; (2) a provision providing for waiver of, relief from, or exception to a requirement otherwise applicable to an employee pension benefit plan applies to a Government pension plan only if specifically authorized by the Comptroller General; (3) section 104(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)) does not apply; (4) the report required by this chapter is in addition to other reports or projections required by law; and (5) except for a Government pension plan referred to in section 9502(1)(B)(iv)-(vii) of this title, the Comptroller General shall conduct audits when appropriate instead of complying with the requirements for the independent qualified public accountant. (b) This chapter does not prevent a Government pension plan from using the services of an enrolled actuary employed by an agency administering the plan. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9503(a) 31:68a(a), (b). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 121; added Nov. 4, 1978, Pub. L. 95-595, Sec. 1, 92 Stat. 2541. 9503(b) 31:68a(c). ------------------------------- In subsection (a), before clause (1), the words 'Notwithstanding any other provision of law or any administrative determination to the contrary . . . Federal' are omitted as unnecessary. The words 'and each plan described in section 68c(b) of this title' are omitted as unnecessary because of the restatement. In clause (1), before subclause (A), the words 'required by such section' are omitted as unnecessary because of the restatement. In subclause (A), the word 'information' is substituted for 'information and data' because it is inclusive and for consistency. In clause (4), the words 'and shall not supersede' are omitted as surplus. In clause (5), the words 'the Comptroller General deems' are omitted as unnecessary. The words 'under section 1023 of title 29' are omitted as unnecessary because of the restatement. In subsection (b), the words 'This chapter does not prevent' are substituted for 'Nothing in this chapter shall preclude' for clarity. The words 'or agencies' are omitted as unnecessary because of 1:1. -EXEC- EX. ORD. NO. 12177. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET AND SECRETARY OF THE TREASURY Ex. Ord. No. 12177, Dec. 10, 1979, 44 F.R. 71805, provided: By the authority vested in me as President of the United States of America by Section 121(a)(1) of the Budget and Accounting Procedures Act of 1950, as amended (92 Stat. 2541, Public Law 95-595, 31 U.S.C. 68a) (31 U.S.C. 9503) and Section 301 of Title 3 of the United States Code, and in order to provide consistency among the financial and actuarial statements of Federal Government pension plans, it is hereby ordered as follows: 1-101. All the functions vested in the President by Section 121(a) of the Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. 68a) (31 U.S.C. 9503), are delegated to the Director of the Office of Management and Budget. The Director may, from time to time, designate other officers or agencies of the Federal Government to perform any or all of the functions hereby delegated to the Director, subject to such instructions, limitations, and directions as the Director deems appropriate. 1-102. The head of an Executive agency responsible for the administration of any Federal Government pension plan within the meaning of Section 123(a) of the Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. 68c) (31 U.S.C. 9502(1)), except subsections (a)(9) and (b), shall ensure that the administrators of those plans comply with the form, manner, and time of filing as required by the Director of the Office of Management and Budget. 1-103. Subject to the provisions of Section 1-101 of this Order, and in the absence of any contrary delegation or direction by the Director, the Secretary of the Treasury, with respect to the development of the form and content of the annual reports, shall perform the functions set forth in Section 121(a) of the Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. 68a) (31 U.S.C. 9503). In performing this function, the Secretary shall also be responsible for consulting with the Comptroller General. Jimmy Carter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9504 of this title; title 26 section 7448; title 28 sections 178, 376, 377; title 38 section 4098. ------DocID 39607 Document 507 of 536------ -CITE- 31 USC Sec. 9504 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 95 -HEAD- Sec. 9504. Review and recommendations -STATUTE- When necessary or when requested by either House of Congress or a committee of Congress, the Comptroller General shall - (1) review financial and actuarial statements provided under section 9503 of this title to decide whether the reporting requirements of section 9503 are adequate to carry out section 9501 of this title; and (2) submit to Congress recommendations for legislation necessary to carry out section 9501 of this title. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1051.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9504 31:68b. Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 122; added Nov. 4, 1978, Pub. L. 95-595, Sec. 1, 92 Stat. 2542. ------------------------------- The word 'When' is substituted for 'If' in both places as being more precise. The word 'deemed' is omitted as unnecessary because of the restatement. The words 'the General Accounting Office' are omitted as unnecessary because of the restatement and because the authority to act is vested in the Comptroller General. ------DocID 39608 Document 508 of 536------ -CITE- 31 USC CHAPTER 97 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 97 -HEAD- CHAPTER 97 - MISCELLANEOUS -MISC1- Sec. 9701. Fees and charges for Government services and things of value. 9702. Investment of trust funds. ------DocID 39609 Document 509 of 536------ -CITE- 31 USC Sec. 9701 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 97 -HEAD- Sec. 9701. Fees and charges for Government services and things of value -STATUTE- (a) It is the sense of Congress that each service or thing of value provided by an agency (except a mixed-ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self-sustaining to the extent possible. (b) The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be - (1) fair; and (2) based on - (A) the costs to the Government; (B) the value of the service or thing to the recipient; (C) public policy or interest served; and (D) other relevant facts. (c) This section does not affect a law of the United States - (1) prohibiting the determination and collection of charges and the disposition of those charges; and (2) prescribing bases for determining charges, but a charge may be redetermined under this section consistent with the prescribed bases. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1051.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9701 31:483a. Aug. 31, 1951, ch. 376, Sec. 501, 65 Stat. 290. ------------------------------- In the section, the words 'agency (except a mixed-ownership Government corporation)' are substituted for 'Federal agency (including wholly owned Government corporations as defined in the Government Corporation Control Act of 1945 (31 U.S.C. 841 et seq.)' because of section 101 of the revised title and for consistency. In subsection (a), the words 'each service or thing of value provided' are substituted for 'any work, service, publication, report, document, benefit, privilege, authority, use, franchise, license, permit, certificate, registration or similar thing of value or utility performed, furnished, provided, granted, prepared, or issued' for consistency and to eliminate unnecessary words. The words '(including groups, associations, organizations, partnerships, corporations, or businesses)' are omitted as being included in 'person' under 1:1. In subsection (b), before clause (1), the words 'may prescribe regulations establishing the charge for a service or thing of value provided by the agency' are substituted for 'is authorized by regulation . . . to prescribe therefor such fee, charge, or price, if any, as he shall determine, in case none exists, or redetermine, in case of any existing one' for consistency, to eliminate unnecessary words, and because of the restatement. In clause (1), the words 'and equitable' are omitted as being included in 'fair'. In clause (2)(A), the words 'direct and indirect' are omitted as surplus. In clause (2)(B), the words 'of the service or thing' are added for clarity. In clause (2)(D), the words 'and any amount so determined or redetermined shall be collected and paid into the Treasury as miscellaneous receipts' are omitted as unnecessary because of section 3302(a) of this title. Subsection (c) is substituted for 31:483a(provisos) for clarity and to eliminate unnecessary words. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5132 of this title; title 7 section 2242a; title 8 section 1455; title 12 section 78n; title 14 section 664; title 16 sections 222, 1862; title 19 section 58c; title 28 section 1828; title 33 section 2607; title 42 sections 2201, 2214, 4370c, 7552; title 46 sections 2110, 12505. ------DocID 39610 Document 510 of 536------ -CITE- 31 USC Sec. 9702 -EXPCITE- TITLE 31 SUBTITLE VI CHAPTER 97 -HEAD- Sec. 9702. Investment of trust funds -STATUTE- Except as required by a treaty of the United States, amounts held in trust by the United States Government (including annual interest earned on the amounts) - (1) shall be invested in Government obligations; and (2) shall earn interest at an annual rate of at least 5 percent. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1052.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 9702 31:547a. R.S. Sec. 3659. ------------------------------- The section is substituted for 31:547a for clarity and consistency in the revised title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 App. sections 1989b-3, 1989c-2. ------DocID 39711 Document 511 of 536------ -CITE- 33 USC Sec. 31 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 31. Iowa River, Iowa, above Toolsboro -STATUTE- So much of the Iowa River within the State of Iowa, as lies north of the town of Wapello, and so much of the said river within the State of Iowa, as lies between the town of Toolsboro and the town of Wapello, in the county of Louisa, shall not be deemed a navigable river or public highway, but dams and bridges may be constructed across it. -SOURCE- (R.S. Sec. 5248; Aug. 18, 1894, ch. 299, Sec. 1, 28 Stat. 356.) -COD- CODIFICATION R.S. Sec. 5248 derived from Res. July 13, 1868, No. 55, 15 Stat. 257; act May 6, 1870, ch. 92, 16 Stat. 121. The portion of this section relating to the Iowa river north of the town of Wapello is from R.S. Sec. 5248. The remainder the section, relating to so much of the river as lies between Toolsboro and Wapello, is from act Aug. 18, 1894. ------DocID 40716 Document 512 of 536------ -CITE- 33 USC CHAPTER 31 -EXPCITE- TITLE 33 CHAPTER 31 -HEAD- CHAPTER 31 - OCEAN POLLUTION RESEARCH AND DEVELOPMENT AND MONITORING PLANNING -MISC1- Sec. 1701. Findings and purposes. 1702. Definitions. 1702a. National Ocean Pollution Program Office and National Ocean Pollution Policy Board. (a) Program Office. (b) Policy Board. 1703. Comprehensive Federal Plan relating to ocean pollution. (a) Lead Agency for Plan. (b) Content of Plan. (1) Assessment and ordering of National needs and problems. (2) Existing Federal capability. (3) Policy recommendations. (4) Budget review. (c) Plan period. (d) Budgeting. 1704. Comprehensive ocean pollution program in the Administration. (a) Establishment of program. (b) Content of the program. 1705. Financial assistance. (a) Grants and contracts. (b) Applications for assistance. (c) Existing programs. (d) Action by Under Secretary. (e) Records. 1706. Interagency cooperation. 1707. Dissemination of information on ocean and Great Lakes pollution research activities. 1708. Effect on other laws. 1709. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 1447c. ------DocID 40978 Document 513 of 536------ -CITE- 35 USC Sec. 31 -EXPCITE- TITLE 35 PART I CHAPTER 3 -HEAD- Sec. 31. Regulations for agents and attorneys -STATUTE- The Commissioner, subject to the approval of the Secretary of Commerce, may prescribe regulations governing the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Patent and Trademark Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 795; Jan. 2, 1975, Pub. L. 93-596, Sec. 1, 88 Stat. 1949.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., Sec. 11 (R.S. 487, amended Feb. 18, 1922, ch. 58, Sec. 3, 42 Stat. 390). The present statute is divided into two sections, 31 and 32. Changes in language are made. AMENDMENTS 1975 - Pub. L. 93-596 substituted 'Patent and Trademark Office' for 'Patent Office'. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 32 of this title; title 5 section 500. ------DocID 41166 Document 514 of 536------ -CITE- 36 USC Sec. 31 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 31. Corporation created -STATUTE- Mrs. Harry S. Truman, of Independence, Missouri; Mrs. Woodrow Wilson, of Washington, District of Columbia; Mrs. Calvin Coolidge, of Northampton, Massachusetts; Mrs. Franklin D. Roosevelt, of Hyde Park, New York; Mrs. Arthur O. Choate, of New York, New York; Mrs. Frederick H. Brooke, of Washington, District of Columbia; Mrs. Vance C. McCormick, of Harrisburg, Pennsylvania; Mrs. Harvey S. Mudd, of Los Angeles, California; Mrs. Alan H. Means, of Los Angeles, California; Mrs. C. Vaughan Ferguson, of Schenectady, New York; Doctor Mary H. S. Hayes, of New York, New York; Mrs. Walter N. Rothschild, of New York, New York; Mrs. Charles Kendrick, of San Francisco, California; Mrs. Frederick H. Bucholz, of Omaha, Nebraska; Mrs. Nathan Mobley, of Greenwich, Connecticut; Mrs. Amory Houghton, of Corning, New York; Mrs. Gordon Hunger, of Scarsdale, New York; Mrs. Charles H. Ridder, of New York, New York; Mrs. Paul Rittenhouse, of New York, New York; Mrs. Alfred R. Bachrach, of New York, New York; Mrs. Stanlee T. Bates, of Cleveland Heights, Ohio; Mrs. D. D. Bovaird, of Tulsa, Oklahoma; Mrs. W. Wright Byran, of Atlanta, Georgia; Mrs. R. A. Burnett, of Amarillo, Texas; Mrs. Cyril T. Carney, of Des Moines, Iowa; Mrs. Leonard G. Carpenter, of Crystal Bay, Minnesota; Mrs. Everett Case, of Hamilton, New York; Doctor Rosalind Cassidy, of Santa Monica, California; Mrs. H. S. Fenimore Cooper, of Cooperstown, New York; Mrs. J. Roger DeWitt, of Independence, Missouri; Mrs. R. T. Dozier, of Montgomery, Alabama; Mrs. Charles W. Farnsworth, of Concord, Massachusetts; Mrs. Merritt Farrell, of Newtown, Ohio; Mrs. W. V. M. Fawcett, of Newton, Massachusetts; Mrs. J. T. Finlen, of Butte, Montana; Mrs. John A. Frick, of Allentown, Pennsylvania; Mrs. A. B. Graham, of Portland, Oregon; Mrs. Edward F. Johnson, of Scarsdale, New York; Mrs. Charles H. Larkin Second, of Eden, New York; Mrs. Roy F. Layton, of Chevy Chase, Maryland; Mrs. James P. McGranery, of Philadelphia, Pennsylvania; Mrs. Julius Mark, of New York, New York; Miss Clementine Miller, of Columbus, Indiana; Mrs. Dudley H. Mills, of Glen Head, Long Island, New York; Mrs. Hilleary L. Murray, of Minneapolis, Minnesota; Mrs. C. E. Robbins, of Pierre, South Dakota; Mrs. Harry M. Robbins, of Seattle, Washington; Mrs. Snelling Robinson, of Lake Forest, Illinois; Mrs. Harry M. Sartoris, of Washington, District of Columbia; Mrs. Theodore Squier, of Milwaukee, Wisconsin; Miss Dorothea Sullivan, of Washington, District of Columbia; Mrs. John Arthur Thum, of Glendora, California; Mrs. George L. Todd, of Rochester, New York; Mrs. Abe D. Waldauer, of Memphis, Tennessee; Mrs. Frank L. Weil, of New York, New York; Mrs. John M. Whalen, of Kingston, Rhode Island; Mrs. William T. Wilson, Junior, of Winston-Salem, North Carolina; Mrs. Albert E. Winger, of New York, New York; Mrs. Arthur Woods, of Washington, District of Columbia, officers, directors, or members; and their associates and successors, constituting Girl Scouts of the United States of America, a membership corporation organized under the laws of the District of Columbia (hereinafter referred to as the 'old corporation'), are incorporated a body corporate and politic of the District of Columbia, where its domicile shall be. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 1, 64 Stat. 22.) ------DocID 41727 Document 515 of 536------ -CITE- 36 USC CHAPTER 31 -EXPCITE- TITLE 36 CHAPTER 31 -HEAD- CHAPTER 31 - CIVIL WAR CENTENNIAL COMMISSION ------DocID 43025 Document 516 of 536------ -CITE- 38 USC CHAPTER 31 -EXPCITE- TITLE 38 PART III CHAPTER 31 -HEAD- CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES -MISC1- Sec. 1500. Purposes. 1501. Definitions. 1502. Basic entitlement. 1503. Periods of eligibility. 1504. Scope of services and assistance. 1505. Duration of rehabilitation programs. 1506. Initial and extended evaluations; determinations regarding serious employment handicap. 1507. Individualized vocational rehabilitation plan. 1508. Allowances. 1509. Entitlement to independent living services and assistance. 1510. Leaves of absence. 1511. Regulations to promote satisfactory conduct and cooperation. 1512. Revolving fund loans. 1513. Vocational rehabilitation for hospitalized members of the Armed Forces and veterans. 1514. Vocational rehabilitation outside the United States. 1515. Rehabilitation resources. 1516. Promotion of employment and training opportunities. 1517. Employment assistance. 1518. Personnel training, development, and qualifications. 1519. Rehabilitation research and special projects. 1520. Program of independent living services and assistance. 1521. Veterans' Advisory Committee on Rehabilitation. AMENDMENTS 1986 - Pub. L. 99-576, title III, Sec. 333(b)(7), Oct. 28, 1986, 100 Stat. 3279, substituted 'Program' for 'Pilot program' in item 1520. 1980 - Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2171, substituted in chapter heading 'Training and Rehabilitation for Veterans with Service-Connected Disabilities' for 'Vocational Rehabilitation', in item 1504 'Scope of services and assistance' for 'Subsistence allowances', in item 1505 'Duration of rehabilitation programs' for 'Leaves of absence', in item 1506 'Initial and extended evaluations; determinations regarding serious employment handicap' for 'Medical care of trainees', in item 1507 'Individualized vocational rehabilitation plan' for 'Loans to trainees', in item 1508 'Allowances' for 'Regulations to promote good conduct', in item 1509 'Entitlement to independent living services and assistance' for 'Books, supplies, and equipment', in item 1510 'Leaves of absence' for 'Vocational rehabilitation for hospitalized persons', in item 1511 'Regulations to promote satisfactory conduct and cooperation' for 'Training and training facilities', and added items 1500 and 1512 to 1521. 1965 - Pub. L. 89-138, Sec. 2(1), Aug. 26, 1965, 79 Stat. 578, struck out item 1502A, added item 1503, and redesignated former item 1503 as 1511. 1962 - Pub. L. 87-591, Sec. 2, Aug. 16, 1962, 76 Stat. 394, added item 1502A. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 101, 106, 109, 113, 246, 351, 363, 524, 601, 618, 624, 1433, 1673, 1685, 1774, 1779, 1780, 1781, 1784, 1790, 1793, 1795, 1848, 2002A, 2003, 2003A, 2004, 2013, 3013, 3107 of this title; title 5 section 8525; title 20 section 1070e-1; title 26 sections 51, 135, 6334; title 29 section 1721. ------DocID 43578 Document 517 of 536------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 31 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 31. Filing and Service of Briefs -STATUTE- (a) Time Limits. Except in cases covered by Rule 47 (Expedited Briefs), the appellant shall serve and file a brief within 30 days after the date of the notice from the Clerk that the record has been filed. The Secretary shall serve and file a brief within 30 days after service of the appellant's brief. The appellant may serve and file a reply brief within 14 days after service of the Secretary's brief, but, except for good cause shown, any brief must be filed at least 3 days before argument. Service must be pursuant to Rule 25 (Filing and Service). (b) Number of Copies. The original and three copies of each brief must be filed with the Clerk, unless the Court orders otherwise, and one copy of each brief must be served on each party. (c) Effect of Failure to File. If an appellant fails to file a brief within the time provided by this rule, or within the time as extended, the Court, on its own initiative or on motion by the Secretary, may dismiss the appeal. If the Secretary fails to file a brief or other response, the Court may take appropriate action. ------DocID 43830 Document 518 of 536------ -CITE- 40 USC Sec. 31 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 31. Use of public buildings for public ceremonies -STATUTE- No public building, or the approaches thereto, other than the Capitol Building and the White House, in the District of Columbia, shall be used or occupied in any manner whatever in connection with ceremonies attending the inauguration of President of the United States or other public function, except as may be expressly authorized by law. -SOURCE- (Apr. 28, 1902, ch. 594, 32 Stat. 152.) ------DocID 45197 Document 519 of 536------ -CITE- 42 USC Sec. 290cc-31 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part C -HEAD- Sec. 290cc-31. Failure to comply with agreements -STATUTE- (a) Repayment of payments (1) The Secretary may, subject to subsection (c) of this section, require a State to repay any payments received by the State under section 290cc-21 of this title that the Secretary determines were not expended by the State in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 290cc-29 of this title. (2) If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against the amount of any payment due to be paid to the State under section 290cc-21 of this title. (b) Withholding of payments (1) The Secretary may, subject to subsection (c) of this section, withhold payments due under section 290cc-21 of this title if the Secretary determines that the State involved is not expending amounts received under such section in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 290cc-29 of this title. (2) The Secretary shall cease withholding payments from a State under paragraph (1) if the Secretary determines that there are reasonable assurances that the State will expend amounts received under section 290cc-21 of this title in accordance with the agreements referred to in such paragraph. (3) The Secretary may not withhold funds under paragraph (1) from a State for a minor failure to comply with the agreements referred to in such paragraph. (c) Opportunity for hearing Before requiring repayment of payments under subsection (a)(1) of this section, or withholding payments under subsection (b)(1) of this section, the Secretary shall provide to the State an opportunity for a hearing. (d) Rule of construction Notwithstanding any other provision of this part, a State receiving payments under section 290cc-21 of this title may not, with respect to any agreements required to be contained in the application submitted under section 290cc-29 of this title, be considered to be in violation of any such agreements by reason of the fact that the State, in the regular course of providing services under section 290cc-22(b) of this title to eligible homeless individuals, incidentally provides services to homeless individuals who are not eligible homeless individuals. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 531, as added July 22, 1987, Pub. L. 100-77, title VI, Sec. 611(3), 101 Stat. 521, and amended Nov. 29, 1990, Pub. L. 101-645, title V, Sec. 511, 104 Stat. 4731.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-645 amended section generally, substituting provisions relating to failure to comply with agreements for provision relating to technical assistance. ------DocID 45474 Document 520 of 536------ -CITE- 42 USC Sec. 300d-31 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER X Part C -HEAD- Sec. 300d-31. Definitions -STATUTE- For purposes of this subchapter: (1) Designated trauma center The term 'designated trauma center' means a trauma center designated in accordance with the modifications to the State plan described in section 300d-13 of this title. (2) State plan regarding emergency medical services The term 'State plan', with respect to the provision of emergency medical services, means a plan for a comprehensive, organized system to provide for the access, response, triage, field stabilization, transport, hospital stabilization, definitive care, and rehabilitation of patients of all ages with respect to emergency medical services. (3) State The term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico; (FOOTNOTE 1) the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (FOOTNOTE 1) So in original. The semicolon probably should be a comma. (4) Trauma The term 'trauma' means an injury resulting from exposure to a mechanical force. (5) Trauma care component of State plan The term 'trauma care component', with respect to components of the State plan for the provision of emergency medical services, means a plan for a comprehensive health care system, within rural and urban areas of the State, for the prompt recognition, prehospital care, emergency medical care, acute surgical and medical care, rehabilitation, and outcome evaluation of seriously injured patients. -SOURCE- (July 1, 1944, ch. 373, title XII, Sec. 1231, as added Nov. 16, 1990, Pub. L. 101-590, Sec. 3, 104 Stat. 2926.) ------DocID 45672 Document 521 of 536------ -CITE- 42 USC Sec. 300aa-31 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIX Part 2 subpart d -HEAD- Sec. 300aa-31. Citizen's actions -STATUTE- (a) General rule Except as provided in subsection (b) of this section, any person may commence in a district court of the United States a civil action on such person's own behalf against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this part. (b) Notice No action may be commenced under subsection (a) of this section before the date which is 60 days after the person bringing the action has given written notice of intent to commence such action to the Secretary. (c) Costs of litigation The court, in issuing any final order in any action under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any plaintiff who substantially prevails on one or more significant issues in the action. -SOURCE- (July 1, 1944, ch. 373, title XXI, Sec. 2131, as added Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(a), 100 Stat. 3778, and amended Dec. 22, 1987, Pub. L. 100-203, title IV, Sec. 4305, 101 Stat. 1330-224.) -MISC1- AMENDMENTS 1987 - Subsec. (c). Pub. L. 100-203, which directed that subsec. (c) be amended by substituting 'to any plaintiff who substantially prevails on one or more significant issues in the action' for 'to any party, whenever the court determines that such award is appropriate', was executed by making the substitution for 'to any party, whenever the court determines such award is appropriate', to reflect the probable intent of Congress. EFFECTIVE DATE Subpart effective Dec. 22, 1987, see section 323 of Pub. L. 99-660, set out as a note under section 300aa-1 of this title. ------DocID 45703 Document 522 of 536------ -CITE- 42 USC Sec. 300cc-31 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXI Part C -HEAD- Sec. 300cc-31. Fellowships and training -STATUTE- (a) In general The Secretary, acting through the Director of the Centers for Disease Control, shall establish fellowship and training programs to be conducted by the Centers for Disease Control to train individuals to develop skills in epidemiology, surveillance, testing, counseling, education, information, and laboratory analysis relating to acquired immune deficiency syndrome. Such programs shall be designed to enable health professionals and health personnel trained under such programs to work, after receiving such training, in national and international efforts toward the prevention, diagnosis, and treatment of acquired immune deficiency syndrome. (b) Programs conducted by National Institute of Mental Health The Secretary, acting through the Director of the National Institute of Mental Health, shall conduct or support fellowship and training programs for individuals pursuing graduate or postgraduate study in order to train such individuals to conduct scientific research into the psychological and social sciences as such sciences relate to acquired immune deficiency syndrome. (c) Relationship to limitation on number of employees Any individual receiving a fellowship or receiving training under subsection (a) or (b) of this section shall not be included in any determination of the number of full-time equivalent employees of the Department of Health and Human Services for the purpose of any limitation on the number of such employees established by law prior to, on, or after November 4, 1988. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1989 through 1991. -SOURCE- (July 1, 1944, ch. 373, title XXIII, Sec. 2341, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 201(4), 102 Stat. 3076, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2617(e), 102 Stat. 4240.) -MISC1- AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-690 substituted 'date of the enactment of the AIDS Amendments of 1988' for 'date of the enactment of the AIDS Federal Policy Act of 1988' which for purposes of codification was translated as 'November 4, 1988'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective immediately after enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100-690, set out as a note under section 242m of this title. ------DocID 45715 Document 523 of 536------ -CITE- 42 USC Sec. 300dd-31 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXII Part C subpart i -HEAD- Sec. 300dd-31. Grants for anonymous testing -STATUTE- The Secretary may make grants to the States for the purpose of providing opportunities for individuals - (1) to undergo counseling and testing with respect to the etiologic agent for acquired immune deficiency syndrome without being required to provide any information relating to the identity of the individuals; and (2) to undergo such counseling and testing through the use of a pseudonym. -SOURCE- (July 1, 1944, ch. 373, title XXIV, Sec. 2431, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3090.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300dd-32, 300dd-33 of this title. ------DocID 45744 Document 524 of 536------ -CITE- 42 USC Sec. 300ee-31 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIII Part B -HEAD- Sec. 300ee-31. Availability of information to general public -STATUTE- (a) Comprehensive information plan The Secretary, acting through the Director of the Centers for Disease Control, shall annually prepare a comprehensive plan, including a budget, for a National Acquired Immune Deficiency Syndrome Information Program. The plan shall contain provisions to implement the provisions of this subchapter. The Director shall submit such plan to the Secretary. The authority established in this subsection may not be construed to be the exclusive authority for the Director to carry out information activities with respect to acquired immune deficiency syndrome. (b) Clearinghouse (1) The Secretary, acting through the Director of the Centers for Disease Control, may establish a clearinghouse to make information concerning acquired immune deficiency syndrome available to Federal agencies, States, public and private entities, and the general public. (2) The clearinghouse may conduct or support programs - (A) to develop and obtain educational materials, model curricula, and methods directed toward reducing the transmission of the etiologic agent for acquired immune deficiency syndrome; (B) to provide instruction and support for individuals who provide instruction in methods and techniques of education relating to the prevention of acquired immune deficiency syndrome and instruction in the use of the materials and curricula described in subparagraph (A); and (C) to conduct, or to provide for the conduct of, the materials, curricula, and methods described in paragraph (1) and the efficacy of such materials, curricula, and methods in preventing infection with the the (FOOTNOTE 1) etiologic agent for acquired immune deficiency syndrome. (FOOTNOTE 1) So in original. (c) Toll-free telephone communications The Secretary shall provide for the establishment and maintenance of toll-free telephone communications to provide information to, and respond to queries from, the public concerning acquired immune deficiency syndrome. Such communications shall be available on a 24-hour basis. -SOURCE- (July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2521, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 221, 102 Stat. 3102, and renumbered title XXV, Aug. 16, 1989, Pub. L. 101-93, Sec. 5(e)(1), 103 Stat. 612.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300ee-34 of this title. ------DocID 47302 Document 525 of 536------ -CITE- 42 USC CHAPTER 31 -EXPCITE- TITLE 42 CHAPTER 31 -HEAD- CHAPTER 31 - PUBLIC WORKS ACCELERATION PROGRAM -MISC1- Sec. 2641. Congressional declaration of purpose. 2642. Acceleration of public works. (a) Eligible areas. (b) Authority to initiate and accelerate projects; allocation of funds. (c) Grants-in-aid; law governing; amount of Federal contributions. (d) Authorization of appropriations. (e) Rules and regulations; considerations. (f) Restrictions on allocated funds. (g) Limit on allocations available for projects in any one State. (h) Criteria determining substantial unemployment. 2643. Increase of State or local expenditures. ------DocID 50999 Document 526 of 536------ -CITE- 43 USC Sec. 31 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 31. Director of Geological Survey -STATUTE- (a) Establishment of office; appointment and duties; examination of geological structure, mineral resources, and products of national domain; prohibitions in respect to lands and surveys The Director of the Geological Survey, which office is established, under the Interior Department, shall be appointed by the President by and with the advice and consent of the Senate. This officer shall have the direction of the Geological Survey, and the classification of the public lands and examination of the geological structure, mineral resources, and products of the national domain. The Director and members of the Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or examinations for private parties or corporations. (b) Examination of geological structure, mineral resources, and products outside national domain The authority of the Secretary of the Interior, exercised through the Geological Survey of the Department of the Interior, to examine the geological structure, mineral resources, and products of the national domain, is expanded to authorize such examinations outside the national domain where determined by the Secretary to be in the national interest. (c) Annual report to Congress The Secretary of the Interior shall report to the Speaker of the House of Representatives and the President of the Senate on January 31 of each year on all actions taken pursuant to subsection (b) of this section during the year ending on the December 31 immediately preceding the reporting date and on the results of such actions. -SOURCE- (Mar. 3, 1879, ch. 182, 20 Stat. 394; Sept. 5, 1962, Pub. L. 87-626, Sec. 1, 2, 76 Stat. 427; Jan. 2, 1975, Pub. L. 93-608, Sec. 2(6), 88 Stat. 1971.) -COD- CODIFICATION Subsec. (a) of this section is from act Mar. 3, 1879. Subsecs. (b) and (c) of this section are sections 1 and 2, respectively, of Pub. L. 87-626. Provisions of subsec. (a) of this section which limited the salary of the Director of the Geological Survey to $6,000 a year were omitted as obsolete. See section 5316 of Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1975 - Subsec. (c). Pub. L. 93-608 substituted requirement of an annual report for requirement of a semiannual report. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. -MISC5- CONTINENTAL SCIENTIFIC DRILLING AND EXPLORATION Pub. L. 100-441, Sept. 22, 1988, 102 Stat. 1760, provided: 'That this Act may be cited as the 'Continental Scientific Drilling and Exploration Act'. 'SEC. 2. PURPOSES. 'The purpose of this Act is to - '(1) implement section 323 of the joint resolution entitled 'Joint Resolution making continuing appropriations for the fiscal year 1985, and for other purposes', approved October 12, 1984 (Public Law 98-473; 98 Stat. 1875) (set out below) which supports and encourages the development of a national Continental Scientific Drilling Program; '(2) enhance fundamental understanding of the composition, structure, dynamics, and evolution of the continental crust, and how such processes affect natural phenomena such as earthquakes, volcanic eruptions, transfer of geothermal energy, distribution of mineral deposits, the occurrence of fossil fuels, and the nature and extent of aquifers; '(3) advance basic earth sciences research and technological development; '(4) obtain critical data regarding the earth's crust relating to isolation of hazardous wastes; and '(5) develop a long-range plan for implementation of the Continental Scientific Drilling Program. 'SEC. 3. FINDINGS. 'Congress finds that - '(1) because the earth provides energy, minerals, and water, and is used as a storage medium for municipal, chemical, and nuclear waste, an understanding of the processes and structures in the earth's crust is essential to the well being of the United States; '(2) there is a need for developing long-range plans for a United States Continental Scientific Drilling Program; and '(3) the Continental Scientific Drilling Program would enhance - '(A) understanding of the crustal evolution of the earth and the mountain building processes; '(B) understanding of the mechanisms of earthquakes and volcanic eruptions and the development of improved techniques for prediction; '(C) understanding of the development and utilization of geothermal and other energy sources and the formation of and occurrence of mineral deposits; '(D) understanding of the migration of fluids in the earth's crust for evaluation of waste contamination and the development of more effective techniques for the safe subsurface disposal of hazardous wastes; '(E) understanding and definition of the size, source, and more effective use of aquifers and other water resources; and '(F) evaluation and verification of surface geophysical techniques needed for exploring and monitoring the earth's crust. 'SEC. 4. IMPLEMENTATION OF CONTINENTAL SCIENTIFIC DRILLING PROGRAM. 'The Secretary of the Department of Energy, the Secretary of the Department of the Interior through the United States Geological Survey, and the Director of the National Science Foundation shall implement the policies of section 323 of the joint resolution entitled 'Joint Resolution making continuing appropriations for the fiscal year 1985, and for other purposes', approved October 12, 1984 (Public Law 98-473; 98 Stat. 1875) (set out below) by - '(1) taking such action as necessary to assure an effective, cooperative effort in furtherance of the Continental Scientific Drilling Program of the United States; '(2) taking all reasonable administrative and financial measures to assure that the Interagency Accord on Continental Scientific Drilling continues to function effectively in support of such program; '(3) assuring the continuing effective operation of the Interagency Coordinating Group to further the objectives of such program; '(4) taking such action to assure that the Interagency Coordinating Group receives appropriate cooperation from any Federal agency that can contribute to the objectives of such program, without adversely affecting any program or activity of such agency; '(5) acting through the Interagency Coordinating Group, preparing and submitting to the Congress, within one hundred and eighty days after the enactment of this Act (Sept. 22, 1988) a report describing - '(A) long and short-term policy objectives and goals of the United States Continental Scientific Drilling Program; '(B) projected schedules of desirable scientific and engineering events that would advance United States objectives in the Continental Scientific Drilling Program; '(C) the levels of resources and funding for fiscal year 1989 that would be required by each participating Federal agency to carry out events pursuant to subparagraphs (A) and (B); '(D) the scientific, economic, technological, and social benefits expected to be realized through the implementation of such program at each level described in subparagraph (C); '(E) a recommended course for interaction with the international community in a cooperative effort to achieve the goals and purposes of this Act; '(F) the extent of participation or interest shown to date in the Continental Scientific Drilling Program by - '(i) any other governmental agency; '(ii) any academic institution; '(iii) any organization in the private sector; and '(iv) any governmental or other entity in the international community; '(G) a plan to develop beneficial cooperative relationships among the entities mentioned in subparagraph (F), to the extent that the Interagency Coordinating Group deems practicable; and '(H) any other information or recommendations that the Interagency Coordinating Group deems appropriate; and '(6) submitting to the Congress annually, beginning one year after the submission of a report under paragraph (5), a report describing the levels of resources and funding that would be required by each participating Federal agency for the next fiscal year to carry out events pursuant to paragraph (5)(A) and (B).' Pub. L. 98-473, title I, Sec. 101(c) (title III, Sec. 323), Oct. 12, 1984, 98 Stat. 1837, 1875, provided that: 'It is the sense of the Congress that the Continental Scientific Drilling Program is an important national scientific endeavor, benefiting the commerce of the Nation, which should be vigorously pursued by Government and the private sector. The Continental Scientific Drilling Program is an important national scientific endeavor that is vital to the understanding of the geologic evolution of the Earth and the economic value of its resources; the most effective and efficient means of realizing the fullest potential in the Continental Scientific Drilling Program is through a cooperative effort by the Department of Energy, the National Science Foundation, and the United States Geological Survey; many important commercial and scientific advances may result from the Continental Scientific Drilling Program; and many foreign nations are engaged in a comparable deep drilling program, and cooperation and coordination would be beneficial to United States efforts. It is the sense of the Congress that - '(1) the Continental Scientific Drilling Program is an important national scientific endeavor by the United States which should be enthusiastically implemented through a joint cooperative effort among the United States Department of Energy, the National Science Foundation, and the United States Geological Survey; '(2) the private sector should be encouraged to support the Continental Scientific Drilling Program and the participating agencies should solicit appropriate private sector participation in such program; and '(3) the United States Government should cooperate to the extent practicable with the international community in developing this important scientific and technical activity.' ------DocID 52078 Document 527 of 536------ -CITE- 43 USC CHAPTER 31 -EXPCITE- TITLE 43 CHAPTER 31 -HEAD- CHAPTER 31 - DEPARTMENT OF THE INTERIOR -MISC1- Sec. 1451. Establishment. 1452. Deputy Secretary of the Interior; appointment. 1453. Assistant Secretaries of the Interior. 1453a. Additional Assistant Secretary of the Interior; appointment; duties; compensation. 1454. Duties of Assistant Secretary and Assistant to Secretary. 1455. Solicitor; appointment; duties. 1456. Chief clerk. 1456a. Repealed. 1457. Duties of Secretary. 1457a. Authorization of appropriations for particular programs. (a) Maximum amounts for specified years. (b) Ceilings on certain appropriations. (c) Additional limitations. (d) Omitted. (e) Applicable programs. 1458. Secretary to exercise certain powers over Territories. 1459. Expenditures of department. 1460. Copies of records, documents, etc.; charges; disposition of receipts. 1461. Rules and regulations governing inspection and copying. 1462. Attestation of copies by official seal. 1463. Disposition of receipts. 1464. Agents or attorneys representing claimants before department. 1465. Annual reports of department and its bureaus. 1466. Administration of oaths, affirmations, etc., by employees of Division of Investigations; force and effect. 1467. Working capital fund; establishment; uses; reimbursement. 1468. Working capital fund; availability for uniforms or allowances therefor. 1469. Employment and compensation of personnel to perform work occasioned by emergencies. 1470. Appropriations; availability for certain administrative expenses. 1471. Appropriations; availability for payment of property damages. 1472. Bureau of Reclamation working capital fund. (a) Establishment; management of support activities of Bureau (b) Fund credits; transfers to fund. (c) Use of funds to provide materials, supplies, equipment, work, and services. (d) Charges to users. (e) Authorization of appropriations. (f) Unnecessary funds covered into miscellaneous receipts of Treasury. 1473. Acceptance of contributions from private and public sources by Mineral Management Service. 1474. Availability of receipts from administrative fees for program operations in Mining Law Administration. 1475. Bureau of Reclamation acceptance of services of volunteers. ------DocID 52614 Document 528 of 536------ -CITE- 44 USC CHAPTER 31 -EXPCITE- TITLE 44 CHAPTER 31 -HEAD- CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES -MISC1- Sec. 3101. Records management by agency heads; general duties. 3102. Establishment of program of management. 3103. Transfer of records to records centers. 3104. Certifications and determinations on transferred records. 3105. Safeguards. 3106. Unlawful removal, destruction of records. 3107. Authority of Comptroller General. AMENDMENTS 1976 - Pub. L. 94-575, Sec. 3(b), Oct. 21, 1976, 90 Stat. 2727, substituted 'Transfer of records to records centers' for 'Storage, processing, and servicing of records' in item 3103. -CROSS- CROSS REFERENCES Definitions applicable to provisions of Federal Property and Administrative Services Act of 1949, see section 472 of Title 40, Public Buildings, Property, and Works. Definitions used in provisions respecting records management by Archivist of the United States and by Administrator of General Services to have same meaning when used in this chapter, see section 2901 of this title. Exemptions from provisions of this chapter, see section 474 of Title 40, Public Buildings, Property, and Works. Federal agency management program to provide for compliance with this chapter and regulations issued thereunder, see section 3102 of this title. Legal status of reproductions made under regulations to carry out this chapter, see section 2116 of this title. Reports from Federal agencies on their activities under this chapter, authority of Archivist and Administrator of General Services to obtain; correction of violations, see section 2115 of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2115, 2116, 2901, 2902, 3107, 3504 of this title. ------DocID 52699 Document 529 of 536------ -CITE- 45 USC Sec. 31 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 31. Annual report of director -STATUTE- The director of locomotive inspection shall make an annual report to the Secretary of Transportation of the work done during the year, and shall make such recommendations for the betterment of the service as he may desire. -SOURCE- (Feb. 17, 1911, ch. 103, Sec. 7, 36 Stat. 916; Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(E), 80 Stat. 939.) -MISC1- AMENDMENTS 1940 - Act Apr. 22, 1940, substituted 'director of locomotive inspection' for 'chief inspector' wherever appearing. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Transportation' substituted in text for 'Interstate Commerce Commission' pursuant to Pub. L. 89-670, which created Department of Transportation and transferred powers, duties, and functions of Interstate Commerce Commission and of Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and protection of employees and travelers to Secretary of Transportation. See section 1655(e)(1)(E) of Title 49, Appendix, Transportation. Offices of director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives, together with function of director of locomotive inspection with respect to dividing territory comprising several States and District of Columbia into 50 locomotive boiler-inspection districts, abolished and all other functions transferred to Interstate Commerce Commission by Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 30 F.R. 9351, 79 Stat. 1320, set out under section 22 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 22, 23, 28, 29, 30, 34 of this title; title 49 App. section 1655. ------DocID 53165 Document 530 of 536------ -CITE- 46 USC CHAPTER 31 -EXPCITE- TITLE 46 Part B CHAPTER 31 -HEAD- CHAPTER 31 - GENERAL -MISC1- Sec. 3101. Authority to suspend inspection. 3102. Immersion suits. AMENDMENTS 1988 - Pub. L. 100-424, Sec. 8(a)(3), Sept. 9, 1988, 102 Stat. 1593, substituted 'Immersion' for 'Exposure' in item 3102. 1985 - Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68, repealed section 22 of Pub. L. 98-557 and the amendments made by that section, which added first identical item 3102, effective Nov. 8, 1984, thereby leaving Pub. L. 98-623 as the sole authority for the addition of item 3102. See 1984 Amendment note below. 1984 - Pub. L. 98-557, Sec. 22(a)(2), Oct. 30, 1984, 98 Stat. 2871, and Pub. L. 98-623, title VII, Sec. 701(a)(2), Nov. 8, 1984, 98 Stat. 3413, added identical item 3102. See 1985 Amendment note above. ------DocID 54084 Document 531 of 536------ -CITE- 47 USC Sec. 31 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 31. Summary trials -STATUTE- The provisions of sections 391-396 of title 33 shall extend to the trial of offenses against the provisions of sections 24 and 25 of this title. -SOURCE- (Feb. 29, 1888, ch. 17, Sec. 11, 25 Stat. 42.) ------DocID 54927 Document 532 of 536------ -CITE- 49 USC CHAPTER 31 -EXPCITE- TITLE 49 SUBTITLE II CHAPTER 31 -HEAD- CHAPTER 31 - MOTOR CARRIER SAFETY -MISC1- Sec. 3101. Definitions. 3102. Requirements for qualifications, hours of service, safety, and equipment standards. 3103. Research, investigation, and testing. 3104. Identification of motor vehicles. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 104, 302, 501 of this title. ------DocID 55782 Document 533 of 536------ -CITE- 49 USC APPENDIX - TRANSPORTATION CHAPTER 31 -EXPCITE- TITLE 49, APPENDIX CHAPTER 31 -HEAD- CHAPTER 31 - AIRPORT AND AIRWAY IMPROVEMENT -MISC1- Sec. 2201. Declaration of policy. (a) In general. (b) Transportation planning. 2202. Definitions. (a) In general. (b) Amounts made available. 2203. National airport and airway system plans. (a) Formulation of airport plan. (b) Formulation of airway plan. (c) Consultation with Federal and public agencies and aviation community. (d) Consultation with Department of Defense. 2204. Airport improvement program. (a) Airport development and airport planning. (b) Obligational authority. (c) Noise abatement projects to be considered as airport development for fiscal year 1982. (d) Disadvantaged business enterprises. 2205. Airway improvement program. (a) Airway facilities and equipment. (b) Research, engineering and development, and demonstrations. (c) Other expenses. (d) Weather services. (e) Preservation of funds and priority for airport and airway programs. (f) Transmittal of budget estimates. 2206. Apportionment of funds. (a) Apportionment. (b) Special rules. (c) Discretionary fund. (d) Small airport fund. (e) Calendar year as basis for determining certain apportionments. (f) Definitions. 2207. Use of apportioned and discretionary funds; miscellaneous conditions. (a) Duration of availability of apportioned amounts. (b) Transfer of certain apportionments of primary airports. (c) States. (d) General limitations. (e) Use of certain apportioned funds for discretionary purposes. (f) Designation of current or former military airports. 2208. Submission and approval of project grant applications. (a) Submission. (b) Approval. (c) State standards. (d) Acceptance of certification. (e) Requirement of notice. 2209. United States share of project costs. (a) General provision. (b) Projects at certain primary airports. (c) Projects in public land States. 2210. Project sponsorship. (a) Sponsorship. (b) Compliance. (c) Consultation. (d) Use of State taxes on aviation fuel. (e) Use of land disposal funds. (f) Procedures for modifying assurances. (g) Use of airport generated revenues in Hawaii. 2211. Grant agreements. (a) Offer and acceptance. (b) Maximum obligation of United States. (c) Maximum obligation for grants under Airport and Airway Development Act of 1970. (d) Workscope. 2212. Project costs. (a) Allowable project costs. (b) Terminal development. (c) Costs not allowed. (d) Reimbursement for certain advance expenditures. 2213. Payments under grant agreements. 2214. Performance of construction work. (a) Regulations. (b) Minimum rates of wages. (c) Veterans preference. 2215. Use of Government-owned lands. (a) Requests for use. (b) Making of conveyances. (c) Exemption of certain lands. 2216. False statements. 2217. Access to records. (a) Recordkeeping requirements. (b) Audit and examination. (c) Audit reports. (d) Withholding information. 2218. General powers. (a) General rule. (b) Limitations. 2219. Civil rights. 2220. Reports to Congress. 2221. Report on ability of airports to finance airport development needs. (a) Submission to Congress. (b) Considerations. (c) Consultation. 2222. Contracting authority. 2223. Study of airport access. (a) Establishment of task force; functions; report to Congress. (b) Membership on task force. (c) Meetings of task force. (d) Staff and support services. 2224. Part-time operation of flight service stations. (a) General rule. (b) Rule for certain closed stations. 2225. Explosive detection K-9 teams. 2226. Denial of funds for projects using products or services of foreign countries that deny fair market opportunities. (a) In general. (b) Determinations. (c) Listing of foreign countries. (d) Special rules. 2226a. Buy American. (a) General rule. (b) Limitations on applicability. (c) Calculation of components costs. 2226b. Prohibition against fraudulent use of 'Made in America' labels. 2226c. Restrictions on contract awards. 2226d. Buy-American requirement. (a) Determination by Administrator. (b) Limited application. (c) Limitation. (d) Report to Congress. (e) Definitions. 2227. State block grant pilot program. (a) Promulgation of regulations; effective period. (b) Assumption of certain responsibilities. (c) Selection of State participants. (d) Review and report. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1354, 1509, 1513, 1731, 2104, 2156, 2226a, 2454, 2458 of this Appendix; title 26 sections 4261, 9502; title 50 App. section 1622. ------DocID 55955 Document 534 of 536------ -CITE- 50 USC Sec. 31 to 39 -EXPCITE- TITLE 50 CHAPTER 4 -HEAD- Sec. 31 to 39. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 31, acts June 15, 1917, ch. 30, title I, Sec. 1, 40 Stat. 217; Mar. 28, 1940, ch. 72, title I, Sec. 1, 54 Stat. 79, related to unlawful obtaining or permitting to be obtained information affecting national defense. See section 793 of Title 18, Crimes and Criminal Procedure. Section 32, act June 15, 1917, ch. 30, title I, Sec. 2, 40 Stat. 218, related to unlawful disclosures affecting national defense. See section 794 of Title 18. Section 33, act June 15, 1917, ch. 30, title I, Sec. 3, 40 Stat. 219, related to seditious or disloyal acts or words in time of war. See section 2388 of Title 18. Section 33 was amended by act May 16, 1918, ch. 75, Sec. 1, 40 Stat. 553, which was repealed and the original section reenacted by act Mar. 3, 1921, ch. 136, 41 Stat. 1359. Section 34, act June 15, 1917, ch. 30, title I, Sec. 4, 40 Stat. 219, related to conspiracy to violate sections 32 and 33 of this title. See sections 794 and 2388 of Title 18. Section 35, acts June 15, 1917, ch. 30, title I, Sec. 5, 40 Stat. 219; Mar. 28, 1940, ch. 72, Sec. 2, 54 Stat. 79, related to the harboring or concealing of violators of the law. See sections 792 and 2388 of Title 18. Section 36, act June 15, 1917, ch. 30, title I, Sec. 6, 40 Stat. 219, related to designation by proclamation of prohibited areas. See section 793 of Title 18. Section 37, act June 15, 1917, ch. 30, title I, Sec. 8, 40 Stat. 219, related to places subject to provisions of sections 31 to 42 of this title. See section 2388 of Title 18. Section 38, act June 15, 1917, ch. 30, title I, Sec. 7, 40 Stat. 219, related to jurisdiction of courts-martial and military commissions. Section 39, act June 15, 1917, ch. 30, title XIII, Sec. 2, 40 Stat. 231; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to jurisdiction of Canal Zone courts over offenses on high seas. See section 3241 of Title 18. EFFECTIVE DATE OF REPEAL Repeal of sections 31 to 39 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. ------DocID 56306 Document 535 of 536------ -CITE- 50 USC CHAPTER 31 -EXPCITE- TITLE 50 CHAPTER 31 -HEAD- CHAPTER 31 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS ------DocID 56397 Document 536 of 536------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 31 -EXPCITE- TITLE 50 APPENDIX TRADING WITH THE ENEMY ACT OF 1917 ACT OCT -HEAD- Sec. 31. 'Member of the former ruling family' defined -STATUTE- As used in this Act (sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix), the term 'member of the former ruling family' means (1) any person who was at any time between April 6, 1917, and July 2, 1921, the German Emperor or the ruler of any constituent kingdom of the German Empire, or (2) the wife or any child of such person. -SOURCE- (Oct. 6, 1917, ch. 106, Sec. 31, as added Mar. 10, 1928, ch. 167, Sec. 15, 45 Stat. 275.) -CROSS- CROSS REFERENCES Definitions generally, see section 2 of this Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 28 section 2680. ------End Document Listing------ Thank You For Using I-SEARCH.