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 subse