31 USC 716. Availability of information and inspection of records
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 892.)
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.
1082; title 22 section 3143; title 38 section 7366;
title 44 section 3519; title 50 App. section 2411.
31 USC 717. Evaluating programs and activities of the United States
Government
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 893.)
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.
31 USC 718. Availability of draft reports
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 894.)
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.
31 USC 719. Comptroller General reports
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 894.)
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.
31 USC 720. Agency reports
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 896.)
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.
31 USC SUBCHAPTER III -- PERSONNEL
TITLE 31 -- MONEY AND FINANCE
31 USC 731. General
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 896; Pub. L. 98-326, 1(
a), June 22, 1984, 98 Stat. 269; Pub. L. 98-615, title II, 204(b), Nov.
8, 1984, 98 Stat. 3216.)
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.
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).
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 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, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
31 USC 732. Personnel management system
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 897; Pub. L. 98-326, 1(
b), June 22, 1984, 98 Stat. 269; Pub. L. 100-426, title III, 302, 303,
Sept. 9, 1988, 102 Stat. 1602; Pub. L. 101-509, title V, 529 (title I,
101(b)(2)(B)), Nov. 5, 1990, 104 Stat. 1427, 1439.)
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.
The General Schedule, referred to in subsec. (c)(3), (4), is set out
under section 5332 of Title 5, Government Organization and Employees.
1990 -- Subsec. (b)(6). Pub. L. 101-509 substituted ''5301'' for
''5301(a)''.
1988 -- Subsec. (c)(3). Pub. L. 100-426, 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, 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''.
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, 305) of Pub. L.
101-509, set out as a note under section 5301 of Title 5, Government
Organization and Employees.
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 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, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
31 USC 733. Senior Executive Service
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-326, 1(
c), June 22, 1984, 98 Stat. 269.)
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.
1984 -- Subsec. (c). Pub. L. 98-326 inserted ''(e)(1),'' after
''(d),''.
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.
31 USC 734. Assignments and details to Congress
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-367, title
I, 8, July 17, 1984, 98 Stat. 475.)
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.
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.''
31 USC 735. Relationship to other laws
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899.)
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.
31 USC 736. Authorization of appropriations
TITLE 31 -- MONEY AND FINANCE
Amounts necessary to carry out this subchapter and subchapter IV of
this chapter may be appropriated to the Comptroller General.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 900.)
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.
31 USC SUBCHAPTER IV -- PERSONNEL APPEALS BOARD
TITLE 31 -- MONEY AND FINANCE
31 USC 751. Organization
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 900; Pub. L. 100-426,
title I, 101, 102(b), Sept. 9, 1988, 102 Stat. 1598, 1599.)
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.
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.
1988 -- Subsec. (a). Pub. L. 100-426, 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, 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, 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, 101(c)(3), added par. (2).
Subsec. (e). Pub. L. 100-426, 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 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, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
31 USC 752. Chairman and General Counsel
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 901; Pub. L. 100-426,
title I, 102(a), Sept. 9, 1988, 102 Stat. 1599.)
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.
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 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, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
31 USC 753. Duties and powers
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 901.)
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.
31 USC 754. Action by the Comptroller General
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902.)
The words ''to do so'' and ''corrective'' are omitted as surplus.
The words ''under section 753 of this title'' are added for clarity.
31 USC 755. Judicial review
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 98-216, 1(
1), Feb. 14, 1984, 98 Stat. 3; Pub. L. 100-426, title I, 103(a), (b),
Sept. 9, 1988, 102 Stat. 1599.)
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.
This clarifies section 755 by conforming it more closely to the
language of the source provision of the section.
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.
1988 -- Subsec. (a). Pub. L. 100-426, 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, 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).
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).''
31 USC SUBCHAPTER V -- ANNUITIES
TITLE 31 -- MONEY AND FINANCE
31 USC 771. Definitions
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100-426,
title II, 202, Sept. 9, 1988, 102 Stat. 1600.)
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.
1988 -- Par. (1)(C). Pub. L. 100-426, 202(a), added subpar. (C).
Par. (2)(A). Pub. L. 100-426, 202(b)(1), substituted ''1 year'' for
''2 years''.
Par. (2)(B). Pub. L. 100-426, 202(b)(2), inserted ''before age 55''
after ''remarried''.
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.
31 USC 772. Annuity of the Comptroller General
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100-426,
title II, 203, Sept. 9, 1988, 102 Stat. 1600.)
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.
1988 -- Subsec. (a). Pub. L. 100-426, 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, 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''.
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.''
31 USC 773. Election of survivor benefits
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 903; Pub. L. 100-426,
title II, 204, Sept. 9, 1988, 102 Stat. 1600.)
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.
1988 -- Subsec. (b)(1). Pub. L. 100-426, 204(1), inserted ''5
percent of the'' before ''annuity''.
Subsec. (b)(2)(C). Pub. L. 100-426, 204(2), substituted ''3 percent''
for ''4.5 percent''.
Subsec. (d). Pub. L. 100-426, 204(3), added subsec. (d).
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.
31 USC 774. Survivor annuities
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 904; Pub. L. 100-426,
title II, 205, Sept. 9, 1988, 102 Stat. 1600.)
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.
1988 -- Subsec. (b)(3), (4). Pub. L. 100-426, 205(1), substituted
''18 months'' for ''5 years''.
Subsec. (c)(2), (3). Pub. L. 100-426, 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, 205(3), substituted ''1.5 percent''
for ''1.25 percent'' in introductory provisions.
Subsec. (e). Pub. L. 100-426, 205(4), substituted ''more than 50
percent nor less than 25 percent'' for ''more than 40 percent''.
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.
31 USC 775. Refunds
TITLE 31 -- MONEY AND FINANCE
(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 annuity 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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 905.)
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.
31 USC 776. Payment of survivor benefits
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 906; Pub. L. 100-426,
title II, 206, Sept. 9, 1988, 102 Stat. 1601.)
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.
1988 -- Subsec. (b)(1). Pub. L. 100-426, 206(1), inserted ''before
age 55'' after ''remarries''.
Subsec. (b)(2). Pub. L. 100-426, 206(2), inserted ''(unless the child
is then a student as described in section 771(1)(C) of this title)''
after ''age''.
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.
31 USC 777. Annuity increases
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 906; Pub. L. 100-426,
title II, 207, Sept. 9, 1988, 102 Stat. 1601.)
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.
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.''
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.
31 USC 778. Dependency and disability decisions
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.)
The words ''arising'' and ''and conclusive'' are omitted as surplus.
31 USC 779. Use of appropriations
TITLE 31 -- MONEY AND FINANCE
Annuities and refunds under this subchapter shall be paid by the
Comptroller General from appropriations of the General Accounting
Office.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.)
The words ''of deposits'' in 31:43b(r) are omitted as surplus.
31 USC SUBCHAPTER VI -- PROPERTY MANAGEMENT
TITLE 31 -- MONEY AND FINANCE
31 USC 781. Authority over the General Accounting Office Building
TITLE 31 -- MONEY AND FINANCE
(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.
(Added Pub. L. 100-545, 1, Oct. 28, 1988, 102 Stat. 2727.)
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.
31 USC 782. Leasing of space in the General Accounting Office Building
TITLE 31 -- MONEY AND FINANCE
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). /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.
(Added Pub. L. 100-545, 1, Oct. 28, 1988, 102 Stat. 2728.)
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''.
/1/ So in original. Another closing parenthesis should precede the
period.
31 USC 783. Rules and regulations
TITLE 31 -- MONEY AND FINANCE
(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.
(Added Pub. L. 100-545, 1, Oct. 28, 1988, 102 Stat. 2728.)
31 USC CHAPTER 9 -- AGENCY CHIEF FINANCIAL OFFICERS
TITLE 31 -- MONEY AND FINANCE
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.
31 USC 901. Establishment of agency Chief Financial Officers
TITLE 31 -- MONEY AND FINANCE
(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.
(Added Pub. L. 101-576, title II, 205(a), Nov. 15, 1990, 104 Stat.
2842.)
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).''
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.''
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.''
31 USC 902. Authority and functions of agency Chief Financial Officers
TITLE 31 -- MONEY AND FINANCE
(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.).
(Added Pub. L. 101-576, title II, 205(a), Nov. 15, 1990, 104 Stat.
2843.)
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, 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.
31 USC 903. Establishment of agency Deputy Chief Financial Officers
TITLE 31 -- MONEY AND FINANCE
(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.
(Added Pub. L. 101-576, title II, 205(a), Nov. 15, 1990, 104 Stat.
2845.)
Senior Executive Service, referred to in subsec. (a), see section
5382 of Title 5, Government Organization and Employees.
31 USC SUBTITLE II -- THE BUDGET PROCESS
TITLE 31 -- MONEY AND FINANCE
Chap. Sec.
11. The Budget and Fiscal, Budget, and Program Information 1101
13. Appropriations 1301
15. Appropriation Accounting 1501
31 USC CHAPTER 11 -- THE BUDGET AND FISCAL, BUDGET, AND PROGRAM
INFORMATION
TITLE 31 -- MONEY AND FINANCE
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.
934, 1932; title 19 section 2232; title 42 sections
1487, 1962b-6, 8107, 10156, 10222.
31 USC 1101. Definitions
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.)
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.
Pub. L. 98-501, title II, 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'.''
31 USC 1102. Fiscal year
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
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.
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.
31 USC 1103. Budget ceiling
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
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.
31 USC 1104. Budget and appropriations authority of the President
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-177, title
II, 224, Dec. 12, 1985, 99 Stat. 1060.)
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.
1985 -- Subsec. (c). Pub. L. 99-177 inserted provisions relating to
notice to committees of House of Representatives and Senate.
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.
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 reliability 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.)
31 USC 1105. Budget contents and submission to Congress
TITLE 31 -- MONEY AND FINANCE
(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) /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 --
(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) /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) /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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 97-452, 1(
2), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-501, title II, 203, Oct.
19, 1984, 98 Stat. 2324; Pub. L. 99-177, title II, 241, Dec. 12, 1985,
99 Stat. 1063; Pub. L. 100-119, title I, 106(f), Sept. 29, 1987, 101
Stat. 781; Pub. L. 100-418, title V, 5301, Aug. 23, 1988, 102 Stat.
1462; Pub. L. 100-504, title I, 108, Oct. 18, 1988, 102 Stat. 2529;
Pub. L. 100-690, title I, 1006, Nov. 18, 1988, 102 Stat. 4187; Pub. L.
101-508, title XIII, 13112(c), Nov. 5, 1990, 104 Stat. 1388-608; Pub.
L. 101-576, title II, 203(b), Nov. 15, 1990, 104 Stat. 2841.)
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.
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.
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.
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 ( 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, 101, Nov. 9, 1977, 91 Stat. 1290,
which is classified principally to chapter 22 ( 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 ( 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.
1990 -- Subsec. (a). Pub. L. 101-508, 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, 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, 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, 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, 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, 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).
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.
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.
Pub. L. 100-685, title I, 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.''
Pub. L. 102-241, 11, Dec. 19, 1991, 105 Stat. 2212, provided that:
''Notwithstanding another law, the President is not required to submit a
two-year budget request for the Coast Guard until the President is
required to submit a two-year budget request for the Department of
Transportation.''
Pub. L. 100-448, 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.''
Pub. L. 100-202, 101(c) (title I, 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).''
Pub. L. 99-145, title XIV, 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.''
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.''
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.
sections 632, 655, 665b, 900, 901, 904; title 5
sections 1204, 8472; title 10 sections 113, 114, 119,
138, 221, 1465, 1741, 2006, 2217, 2350a, 2367, 2431,
2433, 2437, 2509, 2522, 2703, 2706, 2721, 2809, 2835,
2836, 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 312, 3734, 7101, 7439, 7440, 8110, 8111,
8122; title 39 section 2009; title 40 sections 904,
908; title 42 sections 1395w-1, 2286e, 7271b, 7274c,
7274g; title 50 sections 404a, 404b, 1906.
/1/ So in original. There are two pars. (26) and no par. (27).
31 USC 1106. Supplemental budget estimates and changes
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 99-177, title
II, 242, Dec. 12, 1985, 99 Stat. 1063.)
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.
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.
1985 -- Subsec. (b). Pub. L. 99-177, 242(a), struck out ''April 11
and'' before ''July 16''.
Subsec. (c). Pub. L. 99-177, 242(b), 275(b), temporarily added
subsec. (c). See Effective and Termination Dates of 1985 Amendment note
below.
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.
31 USC 1107. Deficiency and supplemental appropriations
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 911.)
In the section, the words ''reach an aggregate which'' are omitted as
surplus.
31 USC 1108. Preparation and submission of appropriations requests to
the President
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 912.)
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.
2345; title 40 section 903; title 49 App. section
1602.
31 USC 1109. Current programs and activities estimates
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913; Pub. L. 99-177, title
II, 222, Dec. 12, 1985, 99 Stat. 1060.)
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.
1985 -- Subsec. (a). Pub. L. 99-177, 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, 222(b), substituted ''March 1'' for
''January 1''.
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.
31 USC 1110. Year-ahead requests for authorizing legislation
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
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.
31 USC 1111. Improving economy and efficiency
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
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.
31 USC 1112. Fiscal, budget, and program information
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
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.
31 USC 1113. Congressional information
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 914; Pub. L. 97-452, 1(
3), Jan. 12, 1983, 96 Stat. 2467.)
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 substituted 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 -- Subsec. (a). Pub. L. 97-452 redesignated existing provision
as par. (1) and added par. (2).
31 USC 1114. Budget information on consulting services
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 916.)
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.
31 USC CHAPTER 13 -- APPROPRIATIONS
TITLE 31 -- MONEY AND FINANCE
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.
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.
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.
1990 -- Pub. L. 101-280, 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, 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, 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, 1(b), Oct. 27, 1986, 100 Stat. 3070,
substituted ''Passenger carrier use'' for ''Passenger motor vehicle and
aircraft use'' in item 1344.
31 USC SUBCHAPTER I -- GENERAL
TITLE 31 -- MONEY AND FINANCE
31 USC 1301. Application
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.)
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.
Pub. L. 98-359, 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'.''
40 section 481; title 42 section 9619.
31 USC 1302. Determining amounts appropriated
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.)
The words ''by adding up'' are substituted for ''by the correct
footing up'' for clarity.
31 USC 1303. Effect of changes in titles of appropriations
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.)
31 USC 1304. Judgments, awards, and compromise settlements
TITLE 31 -- MONEY AND FINANCE
(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 /1/
of title 28 when the judgment or settlement arises out of an express or
implied contract made by --
(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.
(Pub. L. 97-258, 1, 2(m)(2), Sept. 13, 1982, 96 Stat. 917,
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.
Section 2518 of title 28, referred to in subsec. (c)(1), was
repealed by Pub. L. 97-164, title I, 139(l), Apr. 2, 1982, 96 Stat.
43.
1982 -- Subsec. (b)(1)(A). Pub. L. 97-258, 2(m)(2)(A), struck out
''under section 2411(b) of title 28'' after ''district court''.
Subsec. (b)(1)(B). Pub. L. 97-258, 2(m)(2)(B), substituted ''Court of
Appeals for the Federal Circuit or the United States Claims Court'' for
''Court of Claims''.
Section 2(m) of Pub. L. 97-258 provided that the amendment made by
that section is effective Oct. 1, 1982.
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.
/1/ See References in Text note below.
31 USC 1305. Miscellaneous permanent appropriations
TITLE 31 -- MONEY AND FINANCE
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).
31 USC annual contributions for assisted housing
TITLE 31 -- MONEY AND FINANCE
(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).
31 USC college housing grants
TITLE 31 -- MONEY AND FINANCE
(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.).
31 USC rent supplement program
TITLE 31 -- MONEY AND FINANCE
(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).
31 USC homeownership and rental housing assistance
TITLE 31 -- MONEY AND FINANCE
(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).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918; Pub. L. 97-452, 1(
4), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-371, title I, 101, July
18, 1984, 98 Stat. 1220.)
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).
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).
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 ( 1749 et seq.) of
chapter 13 of Title 12, Banks and Banking, was repealed by Pub. L.
99-498, title VII, 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.
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.
31 USC 1306. Use of foreign credits
TITLE 31 -- MONEY AND FINANCE
Foreign credits owed to or owned by the Treasury are not available
for expenditure by agencies except as provided annually in general
appropriation laws.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918.)
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.
Pub. L. 101-513, title V, 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, 583, Nov. 21, 1989, 103 Stat. 1251.
section 1537; title 22 sections 1754, 1922, 2103,
2194, 2291a, 2407, 5495.
31 USC 1307. Public building construction
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918.)
The words before the proviso in the Act of June 23, 1874 (ch. 476, 18
Stat. 275), are omitted as obsolete.
31 USC 1308. Telephone and metered services
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919.)
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.
31 USC 1309. Social security tax
TITLE 31 -- MONEY AND FINANCE
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.).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
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''.
1986 -- Pub. L. 99-514 substituted ''Internal Revenue Code of 1986''
for ''Internal Revenue Code of 1954''.
31 USC 1310. Appropriations for private organizations
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919.)
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.
31 USC SUBCHAPTER II -- TRUST FUNDS AND REFUNDS
TITLE 31 -- MONEY AND FINANCE
31 USC 1321. Trust funds
TITLE 31 -- MONEY AND FINANCE
(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, Department of Veterans
Affairs.
(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, 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, Department of Veterans
Affairs.
(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, 1533(c)(1)(A)(
ii), Nov. 5, 1990, 104 Stat. 1735.)
(82) Post-Vietnam Era Veterans Education Account, Department of
Veterans Affairs.
(83) United States Government life insurance fund, Department of
Veterans Affairs.
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 98-426, 27(
d)(2), Sept. 28, 1984, 98 Stat. 1654; Pub. L. 101-189, div. A, title
III, 341(a), Nov. 29, 1989, 103 Stat. 1419; Pub. L. 101-510, div. A,
title XV, 1533(c)(1), Nov. 5, 1990, 104 Stat. 1735; Pub. L. 102-54,
13(l)(1), June 13, 1991, 105 Stat. 277.)
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.
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 ( 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, 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, 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 ( 46-101 et seq.) of Title 46,
Social Security, of the District of Columbia Code.
1991 -- Subsec. (a)(45), (74), (82), (83). Pub. L. 102-54
substituted ''Department of Veterans Affairs'' for ''Veterans'
Administration'', wherever appearing.
1990 -- Subsec. (a)(5). Pub. L. 101-510, 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, 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, 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''.
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.
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.''
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.
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.
title 25 section 385a; title 33 section 770; title
38 sections 8502, 8520.
31 USC 1322. Payments of unclaimed trust fund amounts and refund of
amounts erroneously deposited
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 922; Pub. L. 98-359, 2,
July 13, 1984, 98 Stat. 402.)
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.
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, 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.
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).
Deposit in trust fund of unclaimed money, etc., of deceased seaman,
see section 10710 of Title 46, Shipping.
title 20 section 225; title 33
section 770; title
38 sections 3232, 5504.
31 USC 1323. Trust funds for certain fees, donations, quasi-public
amounts, and unearned amounts
TITLE 31 -- MONEY AND FINANCE
(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).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 922.)
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.
31 USC 1324. Refund of internal revenue collections
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
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.
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.
1986 -- Subsec. (b)(2). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
Pub. L. 101-508, title XI, 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.''
31 USC SUBCHAPTER III -- LIMITATIONS, EXCEPTIONS, AND PENALTIES
TITLE 31 -- MONEY AND FINANCE
31 USC 1341. Limitations on expending and obligating amounts
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101-508,
title XIII, 13213(a), Nov. 5, 1990, 104 Stat. 1388-621.)
In subsection (b), the words ''another amount available for
obligation'' are substituted for ''any other fund'' for consistency in
the revised title.
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.
1990 -- Subsec. (a)(1)(C), (D). Pub. L. 101-508 added subpars. (C)
and (D).
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.
31 USC 1342. Limitation on voluntary services
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101-508,
title XIII, 13213(b), Nov. 5, 1990, 104 Stat. 1388-621.)
The words ''District of Columbia government'' are added because of
section 47-105 of the D.C. Code.
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.''
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.
31 USC 1343. Buying and leasing passenger motor vehicles and aircraft
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 924.)
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''.
Pub. L. 102-141, title VI, 605, Oct. 28, 1991, 105 Stat. 868,
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 not be exceeded by 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.): Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 (see Tables for classification)
over the cost of comparable conventionally fueled vehicles.''
Similar provisions were contained in the following prior
appropriation acts:
Nov. 5, 1990, Pub. L. 101-509, title VI, 601, 104 Stat. 1470.
Nov. 3, 1989, Pub. L. 101-136, title VI, 601, 103 Stat. 816.
Sept. 22, 1988, Pub. L. 100-440, title VI, 601, 102 Stat. 1751.
Dec. 22, 1987, Pub. L. 100-202, 101(m) (title VI, 601), 101 Stat.
1329-390, 1329-419.
Oct. 18, 1986, Pub. L. 99-500, 101(m) (title VI, 601), 100 Stat.
1783-308, 1783-328, and Oct. 30, 1986, Pub. L. 99-591, 101(m) (title
VI, 601), 100 Stat. 3341-308, 3341-328.
Dec. 19, 1985, Pub. L. 99-190, 101(h) (H.R. 3036, title VI, 601), 99
Stat. 1291.
Oct. 12, 1984, Pub. L. 98-473, title I, 101(j) (H.R. 5798, title VI,
602), 98 Stat. 1963.
Nov. 14, 1983, Pub. L. 98-151, 101(f) (H.R. 4139, title VI, 602), 97
Stat. 973.
Dec. 21, 1982, Pub. L. 97-377, title I, 101(a) (H.R. 7158, title VI,
602), 96 Stat. 1830.
Dec. 15, 1981, Pub. L. 97-92, 101(a) (H.R. 4121, title VI, 602), 95
Stat. 1183.
Dec. 16, 1980, Pub. L. 96-536, 113, 94 Stat. 3171.
Sept. 29, 1979, Pub. L. 96-74, title VI, 601, 93 Stat. 573.
Oct. 10, 1978, Pub. L. 95-429, title VI, 601, 92 Stat. 1015.
July 31, 1977, Pub. L. 95-81, title VI, 601, 91 Stat. 354.
July 14, 1976, Pub. L. 94-363, title VI, 601, 90 Stat. 977.
Aug. 9, 1975, Pub. L. 94-91, title VI, 601, 89 Stat. 458.
Aug. 21, 1974, Pub. L. 93-381, title VI, 601, 88 Stat. 630.
Oct. 30, 1973, Pub. L. 93-143, title VI, 601, 87 Stat. 524.
July 13, 1972, Pub. L. 92-351, title VI, 601, 86 Stat. 487.
July 9, 1971, Pub. L. 92-49, title VI, 601, 85 Stat. 122.
Oct. 7, 1970, Pub. L. 91-439, title V, 501, 84 Stat. 902.
Dec. 11, 1969, Pub. L. 91-144, title V, 501, 83 Stat. 336.
Aug. 12, 1968, Pub. L. 90-479, title V, 501, 82 Stat. 717.
Nov. 20, 1967, Pub. L. 90-147, title V, 501, 81 Stat. 482.
Oct. 15, 1966, Pub. L. 89-689, title V, 501, 80 Stat. 1014.
Oct. 28, 1965, Pub. L. 89-299, title V, 501, 79 Stat. 1108.
Aug. 30, 1964, Pub. L. 88-511, title V, 501, 78 Stat. 693.
Dec. 31, 1963, Pub. L. 88-257, title V, 501, 77 Stat. 855.
Oct. 24, 1962, Pub. L. 87-880, title V, 501, 76 Stat. 1227.
Aug. 3, 1961, Pub. L. 87-125, title V, 501, 75 Stat. 282.
July 12, 1960, Pub. L. 86-642, title II, 201, 74 Stat. 476.
July 8, 1959, Pub. L. 86-79, title II, 201, 73 Stat. 165.
June 25, 1958, Pub. L. 85-468, title II, 201, 72 Stat. 224.
June 5, 1957, Pub. L. 85-48, title II, 201, 71 Stat. 53.
June 13, 1956, ch. 385, title II, 201, 70 Stat. 279.
June 29, 1955, ch. 226, title II, 201, 69 Stat. 195.
Aug. 26, 1954, ch. 935, Ch. XIII, 1301, 68 Stat. 828.
Aug. 7, 1953, ch. 340, Ch. XIII, 1301, 67 Stat. 435.
July 15, 1952, ch. 758, Ch. XIV, 1401, 66 Stat. 659.
Nov. 1, 1951, ch. 664, Ch. XIII, 1301, 65 Stat. 755.
Sept. 6, 1950, ch. 896, Ch. XII, 1201, 64 Stat. 763.
Aug. 24, 1949, ch. 506, title III, 301, 63 Stat. 661.
Apr. 20, 1948, ch. 219, title II, 201, 62 Stat. 193.
July 30, 1947, ch. 359, title II, 201, 61 Stat. 608.
22 sections 2514, 3622; title 33 section 576a;
title 40 section 491.
31 USC 1344. Passenger carrier use
TITLE 31 -- MONEY AND FINANCE
(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) /1/ principal diplomatic and consular officials abroad, and the
United States Ambassador to the United Nations;
(4) /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), /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.
(4) Notification of each designation or determination made under
paragraphs (1), (2)(B), /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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 924; Pub. L. 99-550, 1(
a), Oct. 27, 1986, 100 Stat. 3067; Pub. L. 100-180, div. A, title XIII,
1314(d)(2), Dec. 4, 1987, 101 Stat. 1176; Pub. L. 100-202, 101( a)
(title IV, 407), Dec. 22, 1987, 101 Stat. 1329, 1329-26; Pub. L.
101-510, div. A, title III, 326(b), Nov. 5, 1990, 104 Stat. 1531.)
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''.
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.
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.''
Pub. L. 101-194, title V, 503, Nov. 30, 1989, 103 Stat. 1755, as
amended by Pub. L. 101-280, 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.''
Pub. L. 101-194, title VIII, 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.''
title 40 section 491.
/1/ So in original. See 1987 Amendment note below.
/2/ See References in Text note below.
31 USC 1345. Expenses of meetings
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.)
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.
42 section 3788.
31 USC 1346. Commissions, councils, boards, and interagency and similar
groups
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.)
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.
31 USC 1347. Appropriations or authorizations required for agencies in
existence for more than one year
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.)
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.
31 USC 1348. Telephone installation and charges
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926; Pub. L. 98-407, title
VIII, 811(a), Aug. 28, 1984, 98 Stat. 1523.)
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.
1984 -- Subsec. (d). Pub. L. 98-407 added subsec. (d).
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).''
22 section 287e.
31 USC 1349. Adverse personnel actions
TITLE 31 -- MONEY AND FINANCE
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.)
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.
5 sections 3374, 5306; title 22 sections
277d-3, 1461b, 3622, 3723; title 40 section 491;
title 42 sections 2204, 2204a, 2210, 2295, 2394.
31 USC 1350. Criminal penalty
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.)
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.
5 section 5306; title 22 sections 277d-3,
1461b, 3723; title 42 sections 2204, 2204a, 2210,
2295, 2394.
31 USC 1351. Reports on violations
TITLE 31 -- MONEY AND FINANCE
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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.)
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.
5 section 5306; title 22 sections 277d-3,
1461b, 3723; title 42 sections 2204, 2204a, 2210,
2295, 2394.
31 USC 1352. Limitation on use of appropriated funds to influence
certain Federal contracting and financial transactions
TITLE 31 -- MONEY AND FINANCE
(a)(1) None of the funds appropriated by any Act may be expended by
the recipient of a Federal contract, grant, loan, or cooperative
agreement to pay any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with any Federal action described in paragraph (2) of this
subsection.
(2) The prohibition in paragraph (1) of this subsection applies with
respect to the following Federal actions:
(A) The awarding of any Federal contract.
(B) The making of any Federal grant.
(C) The making of any Federal loan.
(D) The entering into of any cooperative agreement.
(E) The extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
(b)(1) Each person who requests or receives a Federal contract,
grant, loan, or cooperative agreement from an agency or requests or
receives from an agency a commitment providing for the United States to
insure or guarantee a loan shall file with that agency, in accordance
with paragraph (4) of this subsection --
(A) a written declaration described in paragraph (2) or (3) of this
subsection, as the case may be; and
(B) copies of all declarations received by such person under
paragraph (5).
(2) A declaration filed by a person pursuant to paragraph (1)(A) of
this subsection in connection with a Federal contract, grant, loan, or
cooperative agreement shall contain --
(A) a statement setting forth whether such person --
(i) has made any payment with respect to that Federal contract,
grant, loan, or cooperative agreement, using funds other than
appropriated funds, which would be prohibited by subsection (a) of this
section if the payment were paid for with appropriated funds; or
(ii) has agreed to make any such payment;
(B) with respect to each such payment (if any) and each such
agreement (if any) --
(i) the name and address of each person paid, to be paid, or
reasonably expected to be paid;
(ii) the name and address of each individual performing the services
for which such payment is made, to be made, or reasonably expected to be
made;
(iii) the amount paid, to be paid, or reasonably expected to be paid;
(iv) how the person was paid, is to be paid, or is reasonably
expected to be paid; and
(v) the activity for which the person was paid, is to be paid, or is
reasonably expected to be paid; and
(C) a certification that the person making the declaration has not
made, and will not make, any payment prohibited by subsection (a).
(3) A declaration filed by a person pursuant to paragraph (1)(A) of
this subsection in connection with a commitment providing for the United
States to insure or guarantee a loan shall contain --
(A) a statement setting forth whether such person --
(i) has made any payment to influence or attempt to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with that loan insurance or guaranty; or
(ii) has agreed to make any such payment; and
(B) with respect to each such payment (if any) and each such
agreement (if any), the information described in paragraph (2)(B) of
this subsection.
(4) A person referred to in paragraph (1)(A) of this subsection shall
file a declaration referred to in that paragraph --
(A) with each submission by such person that initiates agency
consideration of such person for award of a Federal contract, grant,
loan, or cooperative agreement, or for grant of a commitment providing
for the United States to insure or guarantee a loan;
(B) upon receipt by such person of a Federal contract, grant, loan,
or cooperative agreement or of a commitment providing for the United
States to insure or guarantee a loan, unless such person previously
filed a declaration with respect to such contract, grant, loan,
cooperative agreement or commitment pursuant to clause (A); and
(C) at the end of each calendar quarter in which there occurs any
event that materially affects the accuracy of the information contained
in any declaration previously filed by such person in connection with
such Federal contract, grant, loan, cooperative agreement, loan
insurance commitment, or loan guaranty commitment.
(5) Any person who requests or receives from a person referred to in
paragraph (1) of this subsection a subcontract under a Federal contract,
a subgrant or contract under a Federal grant, a contract or subcontract
to carry out any purpose for which a particular Federal loan is made, or
a contract under a Federal cooperative agreement shall be required to
file with the person referred to in such paragraph a written declaration
referred to in clause (A) of such paragraph.
(6)(A) The head of each agency shall collect and compile the
information contained, pursuant to paragraphs (2)(B) and (3)(B) of this
subsection, in the statements filed under this subsection and, on May 31
and November 30 of each year, submit to the Secretary of the Senate and
the Clerk of the House of Representatives a report containing a
compilation of the information contained, pursuant to such paragraphs,
in the statements received during the six-month period ending on March
31 or September 30, respectively, of that year. The report, including
the compilation, shall be available for public inspection 30 days after
receipt of the report by the Secretary and the Clerk.
(B) Notwithstanding subparagraph (A) --
(i) information referred to in subparagraph (A) that involves
intelligence matters shall be reported only to the Select Committee on
Intelligence of the Senate, the Permanent Select Committee on
Intelligence of the House of Representatives, and the Committees on
Appropriations of the Senate and the House of Representatives in
accordance with procedures agreed to by such committees;
(ii) information referred to in subparagraph (A) that is specifically
authorized under criteria established by an Executive order to be kept
secret in the interest of national defense or foreign policy, is
classified in accordance with such order, and is available only by
special access shall be reported only to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives or the Committees on Armed Services of the
Senate and the House of Representatives (whichever such committees have
jurisdiction of matters involving such information) and to the
Committees on Appropriations of the Senate and the House of
Representatives in accordance with procedures agreed to by such
committees; and
(iii) information reported in accordance with this subparagraph shall
not be available for public inspection.
(7) The Director of the Office of Management and Budget, after
consulting with the Secretary of the Senate and the Clerk of the House
of Representatives, shall issue guidance for agency implementation of,
and compliance with, the requirements of this section.
(C)(1) /1/ Any person who makes an expenditure prohibited by
subsection (a) of this section shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such
expenditure.
(2)(A) Any person who fails to file or amend a declaration required
to be filed or amended under subsection (b) of this section shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(B) A filing of a declaration of a declaration amendment on or after
the date on which an administrative action for the imposition of a civil
penalty under this subsection is commenced does not prevent the
imposition of such civil penalty for a failure occurring before that
date. For the purposes of this subparagraph, an administrative action
is commenced with respect to a failure when an investigating official
determines in writing to commence an investigation of an allegation of
such failure.
(3) Sections 3803 (except for subsection (c)), 3804, 3805, 3806,
3807, 3808, and 3812 of this title shall be applied, consistent with the
requirements of this section, to the imposition and collection of civil
penalties under this subsection.
(4) An imposition of a civil penalty under this subsection does not
prevent the United States from seeking any other remedy that the United
States may have for the same conduct that is the basis for the
imposition of such civil penalty.
(d)(1) The official of each agency referred to in paragraph (3) of
this subsection shall submit to Congress each year an evaluation of the
compliance of that agency with, and the effectiveness of, the
requirements imposed by this section on the agency, persons requesting
or receiving Federal contracts, grants, loans, or cooperative agreements
from that agency, and persons requesting or receiving from that agency
commitments providing for the United States to insure or guarantee
loans. The report shall be submitted at the same time the agency
submits its annual budget justifications to Congress.
(2) The report of an agency under paragraph (1) of this subsection
shall include the following:
(A) All alleged violations of the requirements of subsections (a) and
(b) of this section, relating to the agency's Federal actions referred
to in such subsections, during the year covered by the report.
(B) The actions taken by the head of the agency in such year with
respect to those alleged violations and any alleged violations of
subsections (a) and (b) of this section that occurred before such year,
including the amounts of civil penalties imposed by the head of such
agency in such year, if any.
(3) The Inspector General of an agency shall prepare and submit the
annual report of the agency required by paragraph (1) of this
subsection. In the case of an agency that does not have an inspector
general, the agency official comparable to an inspector general shall
prepare and submit the annual report, or, if there is no such comparable
official, the head of the agency shall prepare and submit such annual
report.
(e)(1)(A) Subsection (a)(1) of this section does not apply in the
case of a payment of reasonable compensation made to an officer or
employee of a person requesting or receiving a Federal contract, grant,
loan, or cooperative agreement to the extent that the payment is for
agency and legislative liaison activities not directly related to a
Federal action referred to in subsection (a)(2) of this section.
(B) Subsection (a)(1) of this section does not prohibit any
reasonable payment to a person in connection with, or any payment of
reasonable compensation to an officer or employee of a person requesting
or receiving, a Federal contract, grant, loan, or cooperative agreement
or an extension, continuation, renewal, amendment, or modification of a
Federal contract, grant, loan, or cooperative agreement if the payment
is for professional or technical services rendered directly in the
preparation, submission, or negotiation of any bid, proposal, or
application for that Federal contract, grant, loan, or cooperative
agreement or for meeting requirements imposed by or pursuant to law as a
condition for receiving that Federal contract, grant, loan, or
cooperative agreement.
(C) Nothing in this paragraph shall be construed as permitting the
use of appropirated /2/ funds for making any payment prohibited in or
pursuant to any other provision of law /3/
(2) The reporting requirement in subsection (b) of this section shall
not apply to any person with respect to --
(A) payments of reasonable compensation made to regularly employed
officers or employees of a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement or a commitment
providing for the United States to insure or guarantee a loan;
(B) a request for or receipt of a contract (other than a contract
referred to in clause (C)), grant, cooperative agreement, subcontract
(other than a subcontract referred to in clause (C)), or subgrant that
does not exceed $100,000; and
(C) a request for or receipt of a loan, or a commitment providing for
the United States to insure or guarantee a loan, that does not exceed
$150,000, or the single family maximum mortgage limit for affected
programs, whichever is greater, including a contract or subcontract to
carry out any purpose for which such a loan is made.
(f) The Secretary of Defense may exempt a Federal action described in
subsection (a)(2) from the prohibition in subsection (a)(1) whenever the
Secretary determines, in writing, that such an exemption is in the
national interest. The Secretary shall transmit a copy of each such
written exemption to Congress immediately after making such
determination.
(g) The head of each Federal agency shall take such actions as are
necessary to ensure that the provisions of this section are vigorously
implemented and enforced in such agency.
(h) As used in this section:
(1) The term ''recipient'', with respect to funds received in
connection with a Federal contract, grant, loan, or cooperative
agreement --
(A) includes the contractors, subcontractors, or subgrantees (as the
case may be) of the recipient; but
(B) does not include an Indian tribe, tribal organization, or any
other Indian organization eligible to receive Federal contracts, grants,
cooperative agreements, or loans from an agency but only with respect to
expenditures that are by such tribe or organization for purposes
specified in subsection (a) and are permitted by other Federal law.
(2) The term ''agency'' has the same meaning provided for such term
in section 552(f) of title 5, and includes a Government corporation, as
defined in section 9101(1) of this title.
(3) The term ''person'' --
(A) includes an individual, corporation, company, association,
authority, firm, partnership, society, State, and local government,
regardless of whether such entity is operated for profit or not for
profit; but
(B) does not include an Indian tribe, tribal organization, or any
other Indian organization eligible to receive Federal contracts, grants,
cooperative agreements, or loans from an agency but only with respect to
expenditures by such tribe or organization that are made for purposes
specified in subsection (a) and are permitted by other Federal law.
(4) The term ''State'' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, a territory or
possession of the United States, an agency or instrumentality of a
State, and a multi-State, regional, or interstate entity having
governmental duties and powers.
(5) The term ''local government'' means a unit of government in a
State and, if chartered, established, or otherwise recognized by a State
for the performance of a governmental duty, the following entities:
(A) A local public authority.
(B) A special district.
(C) An intrastate district.
(D) A council of governments.
(E) A sponsor group representative organization.
(F) Any other instrumentality of a local government.
(6)(A) The terms ''Federal contract'', ''Federal grant'', ''Federal
cooperative agreement'' mean, respectively --
(i) a contract awarded by an agency;
(ii) a grant made by an agency or a direct appropriation made by law
to any person; and
(iii) a cooperative agreement entered into by an agency.
(B) Such terms do not include --
(i) direct United States cash assistance to an individual;
(ii) a loan;
(iii) loan insurance; or
(iv) a loan guaranty.
(7) The term ''Federal loan'' means a loan made by an agency /4/
Such term does not include loan insurance or a loan guaranty /4/
(8) The term ''reasonable payment'' means, with respect to
professional and other technical services, a payment in an amount that
is consistent with the amount normally paid for such services in the
private sector.
(9) The term ''reasonable compensation'' means, with respect to a
regularly employed officer or employee of any person, compensation that
is consistent with the normal compensation for such officer or employee
for work that is not furnished to, not funded by, or not furnished in
cooperation with the Federal Government.
(10) The term ''regularly employed'', with respect to an officer or
employee of a person requesting or receiving a Federal contract, grant,
loan, or cooperative agreement or a commitment providing for the United
States to insure or guarantee a loan, means an officer or employee who
is employed by such person for at least 130 working days within one year
immediately preceding the date of the submission that initiates agency
consideration of such person for receipt of such contract, grant, loan,
cooperative agreement, loan insurance commitment, or loan guaranty
commitment.
(11) The terms ''Indian tribe'' and ''tribal organization'' have the
meaning provided in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(Added Pub. L. 101-121, title III, 319(a)(1), Oct. 23, 1989, 103
Stat. 750, and amended Pub. L. 101-512, title III, 320, Nov. 5, 1990,
104 Stat. 1977.)
Another section 1352 was renumbered section 1353 of this title.
1990 -- Subsec. (e)(2)(C). Pub. L. 101-512 inserted ''or the single
family maximum mortgage limit for affected programs, whichever is
greater,'' after ''$150,000,''.
Section 319(d) of Pub. L. 101-121 provided that: ''Section 1352 of
title 31, United States Code (as added by subsection (a)), shall take
effect with respect to Federal contracts, grants, loans, cooperative
agreements, loan insurance commitments, and loan guaranty commitments
that are entered into or made more than 60 days after the date of the
enactment of this Act (Oct. 23, 1989).''
Section 319(b) of Pub. L. 101-121 provided that: ''The first report
submitted under subsection (b)(6) of section 1352 of title 31, United
States Code (as added by subsection (a)), shall be submitted on May 31,
1990, and shall contain a compilation relating to the statements
received under subsection (b) of such section during the six-month
period beginning on October 1, 1989.''
Implementation
Section 319(c) of Pub. L. 101-121 provided that: ''The Director of
the Office of Management and Budget shall notify the head of each agency
that section 1352 of title 31, United States Code (as added by
subsection (a)), is to be complied with commencing 60 days after the
date of the enactment of this Act (Oct. 23, 1989). Not later than 60
days after the date of the enactment of this Act, the Director of the
Office of Management and Budget shall issue the guidance required by
subsection (b)(7) of such section.''
/1/ So in original. Probably should be ''(c)(1)''.
/2/ So in original. Probably should be ''appropriated''.
/3/ So in original. Probably should be followed by a period.
/4/ So in original. Probably should be followed by a period.
31 USC 1353. Acceptance of travel and related expenses from non-Federal
sources
TITLE 31 -- MONEY AND FINANCE
(a) Notwithstanding any other provision of law, the Administrator of
General Services, in consultation with the Director of the Office of
Government Ethics, shall prescribe by regulation the conditions under
which an agency in the executive branch (including an independent
agency) may accept payment, or authorize an employee of such agency to
accept payment on the agency's behalf, from non-Federal sources for
travel, subsistence, and related expenses with respect to attendance of
the employee (or the spouse of such employee) at any meeting or similar
function relating to the official duties of the employee. Any cash
payment so accepted shall be credited to the appropriation applicable to
such expenses. In the case of a payment in kind so accepted, a pro rata
reduction shall be made in any entitlement of the employee to payment
from the Government for such expenses.
(b) Except as provided in this section or section 4111 or 7342 of
title 5, an agency or employee may not accept payment for expenses
referred to in subsection (a). An employee who accepts any payment in
violation of the preceding sentence --
(1) may be required, in addition to any penalty provided by law, to
repay, for deposit in the general fund of the Treasury, an amount equal
to the amount of the payment so accepted; and
(2) in the case of a repayment under paragraph (1), shall not be
entitled to any payment from the Government for such expenses.
(c) As used in this section --
(1) the term ''executive branch'' means all executive agencies (as
such term is defined in section 105 of title 5); and
(2) the term ''employee in the executive branch'' means --
(A) an appointed officer or employee in the executive branch; and
(B) an expert or consultant in the executive branch, under section
3109 of title 5; and
(3) the term ''payment'' means a payment or reimbursement, in cash or
in kind.
(d)(1) The head of each agency of the executive branch shall, in the
manner provided in paragraph (2), submit to the Director of the Office
of Government Ethics reports of payments of more than $250 accepted
under this section with respect to employees of the agency. The Director
shall make such reports available for public inspection and copying.
(2) The reports required by paragraph (1) shall, with respect to each
payment --
(A) specify the amount and method of payment, the name of the person
making the payment, the name of the employee, the nature of the meeting
or similar function, the time and place of travel, the nature of the
expenses, and such other information as the Administrator of General
Services may prescribe by regulation under subsection (a);
(B) be submitted not later than May 31 of each year with respect to
payments in the preceding period beginning on October 1 and ending on
March 31; and
(C) be submitted not later than November 30 of each year with respect
to payments in the preceding period beginning on April 1 and ending on
September 30.
(Added Pub. L. 101-194, title III, 302(a), Nov. 30, 1989, 103 Stat.
1745, 1352; renumbered 1353 and amended Pub. L. 101-280, 4(b)(1), (c),
May 4, 1990, 104 Stat. 157, 158.)
1990 -- Pub. L. 101-280, 4(b)(1), renumbered section 1352 of this
title as this section.
Subsec. (a). Pub. L. 101-280, 4(c)(1), substituted ''in the executive
branch (including an independent agency) may accept payment, or
authorize an employee of such agency to accept payment on the agency's
behalf,'' for ''or employee in the executive branch may accept
payment''.
Subsec. (b). Pub. L. 101-280, 4(c)(2)(A), inserted ''or 7342'' after
''section 4111''.
Subsec. (b)(2). Pub. L. 101-280, 4(c)(2)(B), substituted ''(1),'' for
''(1)''.
Subsec. (c)(1). Pub. L. 101-280, 4(c)(3), substituted ''all executive
agencies'' for ''any executive agency''.
31 USC CHAPTER 15 -- APPROPRIATION ACCOUNTING
TITLE 31 -- MONEY AND FINANCE
Sec.
1501. Documentary evidence requirement for Government obligations.
1502. Balances available.
1503. Comptroller General reports of amounts for which no accounting
is made.
1511. Definition and application.
1512. Apportionment and reserves.
1513. Officials controlling apportionments.
1514. Administrative division of apportionments.
1515. Authorized apportionments necessitating deficiency or
supplemental appropriations.
1516. Exemptions.
1517. Prohibited obligations and expenditures.
1518. Adverse personnel actions.
1519. Criminal penalty.
1531. Transfers of functions and activities.
1532. Withdrawal and credit.
1533. Transfers of appropriations for salaries and expenses to carry
out national defense responsibilities.
1534. Adjustments between appropriations.
1535. Agency agreements.
1536. Crediting payments from purchases between executive agencies.
1537. Services between the United States Government and the District
of Columbia government.
1551. Definitions and application. /1/
1552. Audit, control, and reporting. /1/
1553. Availability of appropriation accounts to pay obligations.
1554. Audit, control, and reporting.
1555. Closing of appropriation accounts available for indefinite
periods.
1556. Comptroller General: reports on appropriation accounts.
1557. Authority for exemptions in appropriation laws.
1558. Availability of funds following resolution of a protest.
1990 -- Pub. L. 101-510, div. A, title XIV, 1405(a)(2), Nov. 5,
1990, 104 Stat. 1679, substituted ''Audit, control, and reporting'' for
''Procedure for appropriation accounts available for definite periods''
in item 1552 and for ''Review of appropriation accounts'' in item 1554,
''Closing of appropriation accounts available'' for ''Withdrawal of
unobligated balances of appropriations'' in item 1555, ''General:
reports'' for ''General reports'' in item 1556, and ''Authority for
exemptions in appropriation laws'' for ''Authorization to exempt'' in
item 1557.
1989 -- Pub. L. 101-189, div. A, title VIII, 813(b), Nov. 29,
1989, 103 Stat. 1494, added item 1558.
/1/ So in original. Does not conform to section catchline.
31 USC SUBCHAPTER I -- GENERAL
TITLE 31 -- MONEY AND FINANCE
31 USC 1501. Documentary evidence requirement for Government
obligations
TITLE 31 -- MONEY AND FINANCE
(a) An amount shall be recorded as an obligation of the United States
Government only when supported by documentary evidence of --
(1) a binding agreement between an agency and another person
(including an agency) that is --
(A) in writing, in a way and form, and for a purpose authorized by
law; and
(B) executed before the end of the period of availability for
obligation of the appropriation or fund used for specific goods to be
delivered, real property to be bought or leased, or work or service to
be provided;
(2) a loan agreement showing the amount and terms of repayment;
(3) an order required by law to be placed with an agency;
(4) an order issued under a law authorizing purchases without
advertising --
(A) when necessary because of a public exigency;
(B) for perishable subsistence supplies; or
(C) within specific monetary limits;
(5) a grant or subsidy payable --
(A) from appropriations made for payment of, or contributions to,
amounts required to be paid in specific amounts fixed by law or under
formulas prescribed by law;
(B) under an agreement authorized by law; or
(C) under plans approved consistent with and authorized by law;
(6) a liability that may result from pending litigation;
(7) employment or services of persons or expenses of travel under
law;
(8) services provided by public utilities; or
(9) other legal liability of the Government against an available
appropriation or fund.
(b) A statement of obligations provided to Congress or a committee of
Congress by an agency shall include only those amounts that are
obligations consistent with subsection (a) of this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 927.)
In subsection (a), before clause (1), the words ''After August 26,
1954'' are omitted as executed. In clause (1), the words ''an agency
and another person (including an agency)'' are substituted for ''the
parties thereto, including Government agencies'' for clarity. In clause
(2), the word ''valid'' is omitted as unnecessary. In clause (6), the
words ''brought under authority of law'' are omitted as surplus. In
clause (9), the word ''legally'' is omitted as surplus.
In subsection (b), the words ''consistent with'' are substituted for
''as defined in'' for clarity and for consistency with section 1108 of
the revised title. The word ''valid'' is omitted as unnecessary.
2361; title 49 App. sections 1602, 2212.
31 USC 1502. Balances available
TITLE 31 -- MONEY AND FINANCE
(a) The balance of an appropriation or fund limited for obligation to
a definite period is available only for payment of expenses properly
incurred during the period of availability or to complete contracts
properly made within that period of availability and obligated
consistent with section 1501 of this title. However, the appropriation
or fund is not available for expenditure for a period beyond the period
otherwise authorized by law.
(b) A provision of law requiring that the balance of an appropriation
or fund be returned to the general fund of the Treasury at the end of a
definite period does not affect the status of lawsuits or rights of
action involving the right to an amount payable from the balance.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.)
Subsection (a) restates the source provisions to eliminate
unnecessary words and for consistency.
In subsection (b), the words ''balance of an appropriation or fund''
are substituted for ''unexpended funds'' for clarity and consistency in
the revised chapter.
38 section 114; title 49 App. section 1602.
31 USC 1503. Comptroller General reports of amounts for which no
accounting is made
TITLE 31 -- MONEY AND FINANCE
The Comptroller General shall make a special report each year to
Congress on recommendations for changes in laws, that the Comptroller
General believes may be in the public interest, about amounts --
(1) for which no accounting is made to the Comptroller General; and
(2) that are in --
(A) accounts of the United States Government; or
(B) the custody of an officer or employee of the Government if the
Government is financially concerned.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.)
The words ''shall cause a survey to be made'' are omitted as
executed. The word ''existing'' is omitted as surplus.
31 USC SUBCHAPTER II -- APPORTIONMENT
TITLE 31 -- MONEY AND FINANCE
title 22 sections 277d-3, 1461b,
2587, 3723; title
39 section 2003; title 42 sections 2204, 2204a, 2210,
2295, 2394, 10156, 10222; title 47 section 603.
31 USC 1511. Definition and application
TITLE 31 -- MONEY AND FINANCE
(a) In this subchapter, ''appropriations'' means --
(1) appropriated amounts;
(2) funds; and
(3) authority to make obligations by contract before appropriations.
(b) This subchapter does not apply to --
(1) amounts (except amounts for administrative expenses) available --
(A) for price support and surplus removal of agricultural
commodities; and
(B) under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c);
(2) a corporation getting amounts to make loans (except paid in
capital amounts) without legal liability on the part of the United
States Government; and
(3) the Senate, the House of Representatives, a committee of
Congress, a member, officer, employee, or office of either House of
Congress, or the Office of the Architect of the Capitol or an officer or
employee of that Office.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.)
In subsection (a)(1), the words ''appropriated amounts'' are
substituted for ''appropriations'' for clarity. In clause (3), the word
''make'' is substituted for ''create'' as being more precise. The text
of 31:665(d)(2)(5th sentence) is omitted as unnecessary because of
section 102 of the revised title.
In subsection (b), the word ''amounts'' is substituted for ''funds''
for consistency in the revised title. In clause (1)(B), the words ''(7
U.S.C. 612c)'' are substituted for ''section 612(c) of title 7'' to
correct an error in section 3679(d)(2)(6th sentence) of the Revised
Statutes. Clause (2) is substituted for the source provisions for
consistency in the revised title.
31 USC 1512. Apportionment and reserves
TITLE 31 -- MONEY AND FINANCE
(a) Except as provided in this subchapter, an appropriation available
for obligation for a definite period shall be apportioned to prevent
obligation or expenditure at a rate that would indicate a necessity for
a deficiency or supplemental appropriation for the period. An
appropriation for an indefinite period and authority to make obligations
by contract before appropriations shall be apportioned to achieve the
most effective and economical use. An apportionment may be
reapportioned under this section.
(b)(1) An appropriation subject to apportionment is apportioned by --
(A) months, calendar quarters, operating seasons, or other time
periods;
(B) activities, functions, projects, or objects; or
(C) a combination of the ways referred to in clauses (A) and (B) of
this paragraph.
(2) The official designated in section 1513 of this title to make
apportionments shall apportion an appropriation under paragraph (1) of
this subsection as the official considers appropriate. Except as
specified by the official, an amount apportioned is available for
obligation under the terms of the appropriation on a cumulative basis
unless reapportioned.
(c)(1) In apportioning or reapportioning an appropriation, a reserve
may be established only --
(A) to provide for contingencies;
(B) to achieve savings made possible by or through changes in
requirements or greater efficiency of operations; or
(C) as specifically provided by law.
(2) A reserve established under this subsection may be changed as
necessary to carry out the scope and objectives of the appropriation
concerned. When an official designated in section 1513 of this title to
make apportionments decides that an amount reserved will not be required
to carry out the objectives and scope of the appropriation concerned,
the official shall recommend the rescission of the amount in the way
provided in chapter 11 of this title for appropriation requests.
Reserves established under this section shall be reported to Congress as
provided in the Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.).
(d) An apportionment or a reapportionment shall be reviewed at least
4 times a year by the official designated in section 1513 of this title
to make apportionments.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 929.)
In subsection (a), the word ''appropriation'' is substituted for
''appropriations or funds'' because of the definition of
''appropriation'' in section 1511 of the revised title. The words ''at
a rate'' are substituted for ''in a manner'' for clarity. The words
''indefinite period'' are substituted for ''not limited to a definite
period of time'' for consistency in the revised title. The words ''An
apportionment may be reapportioned under this section'' are substituted
for 31:665(c)(4)(words after 1st comma) to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the word ''apportioned'' is
substituted for ''distributed'' for consistency in the revised section.
In subsections (b)(2) and (d), the word ''official'' is substituted
for ''officer'' for consistency in the revised title.
In subsection (c)(1)(C), the words ''by law'' are substituted for
''by particular appropriation Acts or other laws'' to eliminate
unnecessary words.
In subsection (c)(2), the words ''appropriation requests'' are
substituted for ''estimates of appropriations'' for consistency with
chapter 11 of the revised title.
The Impoundment Control Act of 1974, referred to in subsec. (c)(2),
is title X of Pub. L. 93-344, July 12, 1974, 88 Stat. 332, as amended,
which is classified principally to chapter 17B ( 681 et seq.) of Title
2, The Congress. For complete classification of this Act to the Code,
see Short Title note set out under section 681 of Title 2 and Tables.
Pub. L. 100-202, 101(c) (title I, 135), Dec. 22, 1987, 101 Stat.
1329-90, 1329-102, provided that: ''Federal funds hereafter
appropriated to the District of Columbia government shall not be subject
to apportionment except to the extent specifically provided by
statute.''
757.
31 USC 1513. Officials controlling apportionments
TITLE 31 -- MONEY AND FINANCE
(a) The official having administrative control of an appropriation
available to the legislative branch, the judicial branch, the United
States International Trade Commission, or the District of Columbia
government that is required to be apportioned under section 1512 of this
title shall apportion the appropriation in writing. An appropriation
shall be apportioned not later than the later of the following:
(1) 30 days before the beginning of the fiscal year for which the
appropriation is available; or
(2) 30 days after the date of enactment of the law by which the
appropriation is made available.
(b)(1) The President shall apportion in writing an appropriation
available to an executive agency (except the Commission) that is
required to be apportioned under section 1512 of this title. The head
of each executive agency to which the appropriation is available shall
submit to the President information required for the apportionment in
the form and the way and at the time specified by the President. The
information shall be submitted not later than the later of the
following:
(A) 40 days before the beginning of the fiscal year for which the
appropriation is available; or
(B) 15 days after the date of enactment of the law by which the
appropriation is made available.
(2) The President shall notify the head of the executive agency of
the action taken in apportioning the appropriation under paragraph (1)
of this subsection not later than the later of the following:
(A) 20 days before the beginning of the fiscal year for which the
appropriation is available; or
(B) 30 days after the date of enactment of the law by which the
appropriation is made available.
(c) By the first day of each fiscal year, the head of each executive
department of the United States Government shall apportion among the
major organizational units of the department the maximum amount to be
expended by each unit during the fiscal year out of each contingent fund
appropriated for the entire year for the department. Each amount may be
changed during the fiscal year only by written direction of the head of
the department. The direction shall state the reasons for the change.
(d) An appropriation apportioned under this subchapter may be divided
and subdivided administratively within the limits of the apportionment.
(e) This section does not affect the initiation and operation of
agricultural price support programs.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 930.)
In the section, the word ''apportion'' is substituted for
''apportionment or reapportionment'' because of section 1512(a)(last
sentence) of the revised title.
In subsection (a), before clause (1), the word ''official'' is
substituted for ''officer'' for consistency in the revised title. The
words ''judicial branch'' are substituted for ''judiciary'', and the
words ''District of Columbia government'' are substituted for ''District
of Columbia'', for consistency.
In subsection (b), the word ''President'' is substituted for
''Director of the Office of Management and Budget'', ''Office of
Management and Budget'', and ''Director'' because sections 101 and 102(
a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.
2085) designated the Bureau of the Budget as the Office of Management
and Budget and transferred all functions of the Bureau to the President.
In subsection (b)(1), the words ''(except the Commission)'' are added
because the International Trade Commission is covered specifically by
the source provisions restated in subsection (a).
In subsection (b)(2), the words ''head of the executive agency'' are
substituted for ''agency'' as being more precise and because of section
102 of the revised title.
In subsection (c), the words ''In addition to the apportionment
required by section 665 of this title'' are omitted as unnecessary
because of the restatement. The words ''By the first day'' are
substituted for ''on or before the beginning'', and the words ''of the
United States Government'' are added, for clarity. The words ''major
organizational unit'' are substituted for ''office or bureau'' for
consistency in the revised section. The word ''changed'' is substituted
for ''increased or diminished'' to eliminate unnecessary words.
In subsection (e), the words ''initiation and operation'' are
substituted for ''initiation, operation, and administration'' to
eliminate unnecessary words.
757.
31 USC 1514. Administrative division of apportionments
TITLE 31 -- MONEY AND FINANCE
(a) The official having administrative control of an appropriation
available to the legislative branch, the judicial branch, the United
States International Trade Commission, or the District of Columbia
government, and, subject to the approval of the President, the head of
each executive agency (except the Commission) shall prescribe by
regulation a system of administrative control not inconsistent with
accounting procedures prescribed under law. The system shall be
designed to --
(1) restrict obligations or expenditures from each appropriation to
the amount of apportionments or reapportionments of the appropriation;
and
(2) enable the official or the head of the executive agency to fix
responsibility for an obligation or expenditure exceeding an
apportionment or reapportionment.
(b) To have a simplified system for administratively dividing
appropriations, the head of each executive agency (except the
Commission) shall work toward the objective of financing each operating
unit, at the highest practical level, from not more than one
administrative division for each appropriation affecting the unit.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 930.)
In the section, the words ''(except the Commission)'' are added
because the International Trade Commission is covered specifically by
the source provisions restated in this section.
In subsection (a), the word ''official'' is substituted for
''officer'' for consistency in the revised title. The words ''judicial
branch'' are substituted for ''judiciary'', and the words ''District of
Columbia government'' are substituted for ''District of Columbia'', for
consistency. The word ''President'' is substituted for ''Director of
the Office of Management and Budget'' because sections 101 and 102(a) of
Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085)
designated the Bureau of the Budget as the Office of Management and
Budget and transferred all functions of the Bureau to the President.
In subsection (b), the words ''dividing'' and ''division'' are
substituted for ''subdivision'' for consistency in the revised section.
The word ''appropriations'' is substituted for ''appropriations or
funds'' because of the definition of ''appropriation'' in section 1511
of the revised title.
31 USC 1515. Authorized apportionments necessitating deficiency or
supplemental appropriations
TITLE 31 -- MONEY AND FINANCE
(a) An appropriation required to be apportioned under section 1512 of
this title may be apportioned on a basis that indicates the need for a
deficiency or supplemental appropriation to the extent necessary to
permit payment of such pay increases as may be granted pursuant to law
to civilian officers and employees (including prevailing rate employees
whose pay is fixed and adjusted under subchapter IV of chapter 53 of
title 5) and to retired and active military personnel.
(b)(1) Except as provided in subsection (a) of this section, an
official may make, and the head of an executive agency may request, an
apportionment under section 1512 of this title that would indicate a
necessity for a deficiency or supplemental appropriation only when the
official or agency head decides that the action is required because of
--
(A) a law enacted after submission to Congress of the estimates for
an appropriation that requires an expenditure beyond administrative
control; or
(B) an emergency involving the safety of human life, the protection
of property, or the immediate welfare of individuals when an
appropriation that would allow the United States Government to pay, or
contribute to, amounts required to be paid to individuals in specific
amounts fixed by law or under formulas prescribed by law, is
insufficient.
(2) If an official making an apportionment decides that an
apportionment would indicate a necessity for a deficiency or
supplemental appropriation, the official shall submit immediately a
detailed report of the facts to Congress. The report shall be referred
to in submitting a proposed deficiency or supplemental appropriation.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 931; Pub. L. 100-202, 105,
Dec. 22, 1987, 101 Stat. 1329-433.)
In subsection (a), the words ''On and after June 5, 1957'' are
omitted as executed. The words ''deficiency or supplemental
appropriation'' are substituted for ''supplemental or deficiency
estimate of appropriation'' for consistency with chapter 11 of the
revised title. The words ''prevailing rate employees whose pay is fixed
and adjusted under subchapter IV of chapter 53 of title 5'' are
substituted for ''those employees (commonly known as wage-board
employees) whose compensation is fixed and adjusted from time to time in
accordance with prevailing rates (5 U.S.C. 5102(c)(7), 5341 et seq.)''
for consistency with title 5.
In subsection (b), the word ''apportionment'' is substituted for
''apportionment or reapportionment'' because of section 1512(a)(last
sentence) of the revised title.
In subsection (b)(1), before clause (A), the words ''Except as
provided in subsection (a) of this section'' are added because of the
restatement. The word ''appropriation'' is substituted for ''estimate''
for consistency in the revised section. The words ''is insufficient''
are added for clarity.
In subsection (b)(2), the words ''proposed deficiency or supplemental
appropriation'' are substituted for ''deficiency or supplemental
estimates'' for consistency with chapter 11 of the revised title.
1987 -- Subsec. (a). Pub. L. 100-202 added subsec. (a) and struck
out former subsec. (a) which read as follows: ''An appropriation
required to be apportioned under section 1512 of this title may be
apportioned on a basis that indicates a necessity for a deficiency or
supplemental appropriation to the extent necessary to permit payment of
pay increases for prevailing rate employees whose pay is fixed and
adjusted under subchapter IV of chapter 53 of title 5.''
31 USC 1516. Exemptions
TITLE 31 -- MONEY AND FINANCE
An official designated in section 1513 of this title to make
apportionments may exempt from apportionment --
(1) a trust fund or working fund if an expenditure from the fund has
no significant effect on the financial operations of the United States
Government;
(2) a working capital fund or a revolving fund established for
intragovernmental operations;
(3) receipts from industrial and power operations available under
law; and
(4) appropriations made specifically for --
(A) interest on, or retirement of, the public debt;
(B) payment of claims, judgments, refunds, and drawbacks;
(C) items the President decides are of a confidential nature;
(D) payment under a law requiring payment of the total amount of the
appropriation to a designated payee; and
(E) grants to the States under the Social Security Act (42 U.S.C.
301 et seq.).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 931.)
In the section, before clause (1), the word ''apportionments'' is
substituted for ''apportionments and reapportionments'' because of
section 1512(a)(last sentence) of the revised title. In subclause (D),
the word ''law'' is substituted for ''private relief acts or other
laws'' to eliminate unnecessary words.
The Social Security Act, referred to in par. (4)(E), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 ( 301 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
31 USC 1517. Prohibited obligations and expenditures
TITLE 31 -- MONEY AND FINANCE
(a) An officer or employee of the United States Government or of the
District of Columbia government may not make or authorize an expenditure
or obligation exceeding --
(1) an apportionment; or
(2) the amount permitted by regulations prescribed under section
1514(a) of this title.
(b) If an officer or employee of an executive agency or of the
District of Columbia government violates subsection (a) of this section,
the head of the executive agency or the Mayor of the District of
Columbia, as the case may be, shall report immediately to the President
and Congress all relevant facts and a statement of actions taken.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.)
In subsection (a), before clause (1), the words ''District of
Columbia government'' are added because of section 9 of the Act of June
26, 1912 (ch. 182, 37 Stat. 184). In clause (1), the word
''apportionment'' is substituted for ''apportionment or
reapportionment'' because of section 1512(a)(last sentence) of the
revised title.
In subsection (b), the word ''Mayor'' is used because of
Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 948)
and sections 421, 422, and 771 of the District of Columbia
Self-Government and Governmental Reorganization Act (Pub. L. 93-198, 87
Stat. 789, 818). The word ''President'' is substituted for ''President,
through the Director of the Office of Management and Budget'' because
sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July
1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the
Office of Management and Budget and transferred all functions of the
Bureau to the President.
31 USC 1518. Adverse personnel actions
TITLE 31 -- MONEY AND FINANCE
An officer or employee of the United States Government or of the
District of Columbia government violating section 1517(a) of this title
shall be subject to appropriate administrative discipline including,
when circumstances warrant, suspension from duty without pay or removal
from office.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.)
The words ''In addition to any penalty or liability under other law''
are omitted as surplus. The words ''District of Columbia government''
are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37
Stat. 184).
31 USC 1519. Criminal penalty
TITLE 31 -- MONEY AND FINANCE
An officer or employee of the United States Government or of the
District of Columbia government knowingly and willfully violating
section 1517(a) of this title shall be fined not more than $5,000,
imprisoned for not more than 2 years, or both.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.)
The words ''District of Columbia government'' are added because of
section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184).
31 USC SUBCHAPTER III -- TRANSFERS AND REIMBURSEMENTS
TITLE 31 -- MONEY AND FINANCE
31 USC 1531. Transfers of functions and activities
TITLE 31 -- MONEY AND FINANCE
(a) The balance of an appropriation available and necessary to
finance or discharge a function or activity transferred or assigned
under law within an executive agency or from one executive agency to
another may be transferred to and used --
(1) by the organizational unit or agency to which the function or
activity was transferred or assigned; and
(2) for a purpose for which the appropriation was originally
available.
(b) The head of the executive agency determines the amount that, with
the approval of the President, is necessary to be transferred when the
transfer or assignment of the function or activity is within the agency.
The President determines the amount necessary to be transferred when
the transfer or assignment of the function or activity is from one
executive agency to another.
(c) A balance transferred under this section is --
(1) credited to an applicable existing or new appropriation account;
(2) merged with the amount in an account to which the balance is
credited; and
(3) with the amount with which the balance is merged, accounted for
as one amount.
(d) New appropriation accounts may be established to carry out
subsection (c)(1) of this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.)
In subsections (a) and (b), the defined term ''executive agency'' in
section 102 of the revised title is substituted for ''department or
establishment'' for consistency and clarity.
In subsection (a), the words ''organizational unit or agency'' are
substituted for ''agency'', and the word ''appropriation'' is
substituted for ''said funds'', for consistency and clarity.
Subsection (d) is substituted for ''which are hereby authorized to be
established'' because of the restatement.
Pub. L. 101-189, div. A, title XVI, 1604, Nov. 29, 1989, 103 Stat.
1598, provided that: ''Funds made available pursuant to this or any
other Act for military functions of the Department of Defense may not be
made available to any other department or agency of the Federal
Government pursuant to a provision of law enacted after the date of the
enactment of this Act (Nov. 29, 1989) unless, not less than 30 days
before such funds are made available to such other department or agency,
the Secretary of Defense submits to the congressional defense committees
a report describing the effect on military preparedness of making such
funds available to such department or agency.''
42 sections 5872, 7291; title 46 App. section
1605; title 49 App. section 1554.
31 USC 1532. Withdrawal and credit
TITLE 31 -- MONEY AND FINANCE
An amount available under law may be withdrawn from one appropriation
account and credited to another or to a working fund only when
authorized by law. Except as specifically provided by law, an amount
authorized to be withdrawn and credited is available for the same
purpose and subject to the same limitations provided by the law
appropriating the amount. A withdrawal and credit is made by check and
without a warrant.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.)
The word ''limitations'' is substituted for ''limitations,
conditions, and restrictions'' to eliminate unnecessary words.
31 USC 1533. Transfers of appropriations for salaries and expenses to
carry out national defense responsibilities
TITLE 31 -- MONEY AND FINANCE
An appropriation of an executive agency for salaries and expenses is
available to carry out national defense responsibilities assigned to the
agency under law. A transfer necessary to carry out this section may be
made between appropriations or allocations within the executive agency.
An allocation may not be made to an executive agency that can carry out
with its regular personnel a defense activity assigned to it by using
the authority of this section to realign its regular programs.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.)
The words ''executive agency'' are substituted for ''department,
agency, or corporation, in the executive branch of the Government''
because of section 102 of the revised title. The words ''authority of
this section'' are substituted for ''foregoing authority'' for clarity.
31 USC 1534. Adjustments between appropriations
TITLE 31 -- MONEY AND FINANCE
(a) An appropriation available to an agency may be charged at any
time during a fiscal year for the benefit of another appropriation
available to the agency to pay costs --
(1) when amounts are available in both the appropriation to be
charged and the appropriation to be benefited; and
(2) subject to limitations applicable to the appropriations.
(b) Amounts paid under this section are charged on a final basis
during, or as of the close of, the fiscal year to the appropriation
benefited. The appropriation charged under subsection (a) of this
section shall be appropriately credited.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.)
In subsection (a), the words ''Subject to limitations applicable with
respect to each appropriation concerned'' are omitted as surplus. The
words ''or any bureau or office thereof'' are omitted as being included
in ''agency''. The words ''to pay costs'' are substituted for ''for the
purpose of financing the procurement of materials and services, or
financing other costs'' to eliminate unnecessary words.
In subsection (b), the words ''amounts paid under this section'' are
substituted for ''such expenses so financed'', and the words
''appropriations charged under subsection (a) of this section'' are
substituted for ''financing appropriation'', for clarity.
31 USC 1535. Agency agreements
TITLE 31 -- MONEY AND FINANCE
(a) The head of an agency or major organizational unit within an
agency may place an order with a major organizational unit within the
same agency or another agency for goods or services if --
(1) amounts are available;
(2) the head of the ordering agency or unit decides the order is in
the best interest of the United States Government;
(3) the agency or unit to fill the order is able to provide or get by
contract the ordered goods or services; and
(4) the head of the agency decides ordered goods or services cannot
be provided by contract as conveniently or cheaply by a commercial
enterprise.
(b) Payment shall be made promptly by check on the written request of
the agency or unit filling the order. Payment may be in advance or on
providing the goods or services ordered and shall be for any part of the
estimated or actual cost as determined by the agency or unit filling the
order. A bill submitted or a request for payment is not subject to
audit or certification in advance of payment. Proper adjustment of
amounts paid in advance shall be made as agreed to by the heads of the
agencies or units on the basis of the actual cost of goods or services
provided.
(c) A condition or limitation applicable to amounts for procurement
of an agency or unit placing an order or making a contract under this
section applies to the placing of the order or the making of the
contract.
(d) An order placed or agreement made under this section obligates an
appropriation of the ordering agency or unit. The amount obligated is
deobligated to the extent that the agency or unit filling the order has
not incurred obligations, before the end of the period of availability
of the appropriation, in --
(1) providing goods or services; or
(2) making an authorized contract with another person to provide the
requested goods or services.
(e) This section does not --
(1) authorize orders to be placed for goods or services to be
provided by convict labor; or
(2) affect other laws about working funds.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933; Pub. L. 98-216, 1(
2), Feb. 14, 1984, 98 Stat. 3.)
In the section, the word ''agency'' is substituted for ''executive
department or independent establishment of the Government'' for clarity.
See 12 Comp. Gen. 442 (1932) and United States v. Mitchell, 425 F.
Supp. 917 (D.D.C. 1976). The words ''major organizational unit'' or
''unit'' are substituted for ''bureau or office'' for consistency in the
revised title. The words ''to fill the order'' or ''filling the order''
are substituted for ''such requisitioned'' and ''as may be
requisitioned'' for clarity and because of the restatement. The words
''goods or services'' are substituted for ''materials, supplies,
equipment, work, or services'' to eliminate unnecessary words.
In subsection (a)(4), the words ''the head of the agency decides''
are added, and the words ''commercial enterprise'' are substituted for
''private agencies'', for clarity. The words ''by competitive bids''
are omitted as surplus because of various procurement laws.
In subsection (b), the words ''The Secretary of Defense'' are added
for clarity because of Comptroller General decision B-20179 (Apr. 1,
1981). The words ''a military department of the Department of Defense''
are substituted for ''the Department of the Army, Navy Department'' for
consistency with title 10 and to apply the source provisions to the
Department of the Air Force because of sections 205( a) and 207(a) and
(f) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502), and
section 1 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 488). The
words ''Secretary of Transportation in carrying out duties and powers
related to aviation and the Coast Guard'' are substituted for ''Federal
Aviation Agency, Coast Guard'' to reflect the transfer of those
functions to the Secretary of Transportation. The words ''the
Administrator of General Services'' are added to reflect the transfer of
the functions of the Bureau of Federal Supply of the Treasury Department
to the Administrator by section 102(a) of the Act of June 30, 1949
(40:752(a)). The words ''the Administrator of'' are added before
''Maritime Administration'' for clarity and consistency in the revised
title and with other titles of the United States Code.
In subsection (c), the words ''pursuant to such order'' are omitted
as unnecessary.
Subsection (d) is substituted for the source provisions being
restated to reflect decisions of the Comptroller General, including 31
Comp. Gen. 83 (1951), 34 Comp. Gen. 418 (1955), 39 Comp. Gen. 317
(1959), and 55 Comp. Gen. 1497 (1976).
In subsection (e), the words ''any Government department or
independent establishment, or any bureau or office thereof'' and
''except as otherwise provided by law'' are omitted as unnecessary
because of the restatement. The text of 31:686b(a) is omitted as
executed.
1984 -- Subsec. (a)(3). Pub. L. 98-216, 1(2)(A), inserted ''or get
by contract'' after ''provide''.
Subsec. (a)(4). Pub. L. 98-216, 1(2)(B), inserted ''by contract''
after ''provided''.
Subsecs. (b), (c). Pub. L. 98-216, 1(2)(C)-(E), redesignated subsec.
(c) as (b). Former subsec. (b), which provided that the Secretary of
Defense, the Secretary of a military department of the Department of
Defense, the Secretary of Transportation in carrying out duties and
powers related to aviation and the Coast Guard, the Secretary of the
Treasury, the Administrator of General Services, and the Administrator
of the Maritime Administration could place orders under this section for
goods and services that an agency or unit filling the order might be
able to provide or procure by contract, was struck out.
Pub. L. 101-163, title I, 8, Nov. 21, 1989, 103 Stat. 1046,
provided that:
''(1) The Secretary of the Senate and the Sergeant at Arms and
Doorkeeper of the Senate are authorized to acquire goods, services, or
space from government agencies and units by agreement under the
provisions of the Economy Act, 31 U.S.C. 1535, and to make advance
payments in conjunction therewith, if required by the providing agency
or establishment.
''(2) No advance payment may be made under paragraph (1) unless
specifically provided for in the agreement. No agreement providing for
advance payment may be entered into unless it contains a provision
requiring the refund of any unobligated balance of the advance.
''(3) No agreement may be entered into under paragraph (1) without
the approval of the Senate Committee on Rules and Administration and the
Senate Committee on Appropriations.''
title 10 sections 377, 1104, 2205; title 16 section
825k; title 22 section 2358; title 24 section 168b;
title 25 section 2804; title 38 sections 1720A, 8110;
title 40 sections 270f, 298b,
1104; title 42 section
254; title 48 section 1469d; title 50 section 414.
31 USC 1536. Crediting payments from purchases between executive
agencies
TITLE 31 -- MONEY AND FINANCE
(a) An advance payment made on an order under section 1535 of this
title is credited to a special working fund that the Secretary of the
Treasury considers necessary to be established. Except as provided in
this section, any other payment is credited to the appropriation or fund
against which charges were made to fill the order.
(b) An amount paid under section 1535 of this title may be expended
in providing goods or services or for a purpose specified for the
appropriation or fund credited. Where goods are provided from stocks on
hand, the amount received in payment is credited so as to be available
to replace the goods unless --
(1) another law authorizes the amount to be credited to some other
appropriation or fund; or
(2) the head of the executive agency filling the order decides that
replacement is not necessary, in which case, the amount received is
deposited in the Treasury as miscellaneous receipts.
(c) This section does not affect other laws about working funds.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 934.)
In subsection (b), the words ''providing goods or services'' are
substituted for ''furnishing the materials, supplies, or equipment, or
in performing the work or services'' to eliminate unnecessary words.
10 section 2205; title 16 section 825k; title
38 section 1720A; title 40 sections 270f, 298b;
title 42 section 254; title 48 section 1469d; title
50 section 414.
31 USC 1537. Services between the United States Government and the
District of Columbia government
TITLE 31 -- MONEY AND FINANCE
(a) To prevent duplication and to promote efficiency and economy, an
officer or employee of --
(1) the United States Government may provide services to the District
of Columbia government; and
(2) the District of Columbia government may provide services to the
United States Government.
(b)(1) Services under this section shall be provided under an
agreement --
(A) negotiated by officers and employees of the 2 governments; and
(B) approved by the Director of the Office of Management and Budget
and the Mayor of the District of Columbia.
(2) Each agreement shall provide that the cost of providing the
services shall be borne in the way provided in subsection (c) of this
section by the government to which the services are provided at rates or
charges based on the actual cost of providing the services.
(3) To carry out an agreement made under this subsection, the
agreement may provide for the delegation of duties and powers of
officers and employees of --
(A) the District of Columbia government to officers and employees of
the United States Government; and
(B) the United States Government to officers and employees of the
District of Columbia government.
(c) In providing services under an agreement made under subsection
(b) of this section --
(1) costs incurred by the United States Government may be paid from
appropriations available to the District of Columbia government officer
or employee to whom the services were provided; and
(2) costs incurred by the District of Columbia government may be paid
from amounts available to the United States Government officer or
employee to whom the services were provided.
(d) When requested by the Director of the United States Secret
Service, the Chief of the Metropolitan Police shall assist the Secret
Service and the Executive Protective Service on a non-reimbursable basis
in carrying out their protective duties under section 302 of title 3 and
section 3056 of title 18.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 934.)
In the section, the words ''District of Columbia'' are substituted
for ''District'' for clarity and consistency.
In subsection (a), the word ''duplication'' is substituted for
''duplication of effort'' to eliminate unnecessary words. The words
''officer or employee of the United States Government'' are substituted
for ''any Federal officer or agency'', and the words ''officer or
employee of the District of Columbia government'' are substituted for
''any District officer or agency'', for consistency.
In subsection (b)(1), before clause (A), the words ''Except where the
terms and conditions governing the furnishing of such services are
prescribed by other provisions of law'' are omitted as surplus. In
clause (A), the words ''officers and employees of the 2 governments''
are substituted for ''Federal and District authorities'' for
consistency. In clause (B), the words ''of the District of Columbia''
are added for clarity.
In subsection (b)(3), before clause (A), the words ''duties and
powers'' are substituted for ''functions'' for consistency in the
revised title and with other titles of the United States Code. The text
of 31:685a(b)(last sentence) is omitted as surplus.
In subsection (c)(1), the words ''United States Government'' are
substituted for ''each Federal officer and agency'' for clarity.
In subsection (c)(2), the words ''District of Columbia government''
are substituted for ''each District officer and agency'' for
consistency.
Section is also set out in D.C. Code, 1-1131.1.
31 USC SUBCHAPTER IV -- CLOSING ACCOUNTS
TITLE 31 -- MONEY AND FINANCE
31 USC 1551. Definitions and applications
TITLE 31 -- MONEY AND FINANCE
(a) In this subchapter --
(1) An obligated balance of an appropriation account as of the end of
a fiscal year is the amount of unliquidated obligations applicable to
the appropriation less amounts collectible as repayments to the
appropriation.
(2) An unobligated balance is the difference between the obligated
balance and the total unexpended balance.
(3) A fixed appropriation account is an appropriation account
available for obligation for a definite period.
(b) The limitations on the availability for expenditure prescribed in
this subchapter apply to all appropriations unless specifically
otherwise authorized by a law that specifically --
(1) identifies the appropriate account for which the availability for
expenditure is to be extended;
(2) provides that such account shall be available for recording,
adjusting, and liquidating obligations properly chargeable to that
account; and
(3) extends the availability for expenditure of the obligated
balances.
(c) This subchapter does not apply to --
(1) appropriations for the District of Columbia government; or
(2) appropriations to be disbursed by the Secretary of the Senate or
the Clerk of the House of Representatives.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101-510, div.
A, title XIV, 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.)
In subsection (b)(1), the words ''District of Columbia government''
are substituted for ''District of Columbia'' for consistency.
1990 -- Pub. L. 101-510 amended text generally, reenacting former
subsec. (a)(1) and (2) with a change in capitalization, adding subsecs.
(a)(3) and (b), and restating former subsec. (b) as (c).
Provisions
Section 1405(b) of Pub. L. 101-510 provided that:
''(1) Application of amendments. -- The amendments made by subsection
(a) (amending this section and sections 1552 to 1557 of this title)
shall apply to any appropriation account the obligated balance of which,
on the date of the enactment of this Act (Nov. 5, 1990), has not been
transferred under section 1552(a)(1) of title 31, United States Code, as
in effect on the day before the date of the enactment of this section.
''(2) Restoration of certain unobligated amounts. -- The balance of
any unobligated amount withdrawn under section 1552(a)(2) of title 31,
United States Code, as in effect on the day before the date of the
enactment of this Act, from an account the obligated balance of which
has not been transferred under section 1552(a)(1) of title 31, United
States Code, as in effect on the day before the date of the enactment of
this section, is hereby restored to that account.
''(3) Cancellation of unobligated balances. -- All balances of
unobligated funds withdrawn from an account under subsection 1552(a)(2)
of title 31, United States Code, as in effect on the day before the date
of the enactment of this Act (other than funds restored under paragraph
(2)) are canceled, effective at the end of the 30-day period beginning
on the date of the enactment of this Act.
''(4) Cancellation of obligated balances. -- On the third September
30th after the date of the enactment of this Act, all obligated balances
transferred under subsection 1552(a)(1) of title 31, United States Code,
as in effect on the day before the date of the enactment of this Act,
shall be canceled.
''(5) Obligation of existing balances. -- After the date of the
enactment of this Act, an obligation of any part of a balance
transferred before the date of the enactment of this Act under section
1552(a)(1) of title 31, United States Code, shall be subject to section
1553(c) of such title, as amended by subsection (a).
''(6) Cancellation of oldest obligated balances. -- (A) At the end of
the 30-day period beginning on the date on which the President submits
to Congress the budget for fiscal year 1992, any amount in an account
established under paragraph (1) of section 1552 of title 31, United
States Code, as in effect before the date of the enactment of this Act,
that has been in that account as of that date for a period in excess of
five years shall be deobligated and shall be withdrawn in the manner
provided in paragraph (2) of that section. Amounts so deobligated and
withdrawn may not be restored.
''(B) Subparagraph (A) shall not apply so as to require the
deobligation of amounts --
''(i) for which there is documentary evidence that payment will be
required within 180 days of the date of the enactment of this Act; or
''(ii) that are determined to be necessary for severance payments for
foreign national employees.
''(7) Obligations and adjustment of obligations. -- (A) After
cancellation of unobligated balances under paragraph (3) or cancellation
of obligated balances under paragraph (4) or paragraph (6) and subject
to the provisions of subparagraph (B), obligations and adjustments to
obligations that would have been chargeable to those balances before
such cancellations and that are not otherwise chargeable to current
appropriations of the agency concerned may be charged to current
appropriations of that agency available for the same purpose. Any
charge made pursuant to this subsection shall be limited to the
unobligated expired balances of the original appropriation available for
the same purpose.
''(B) Any charge made pursuant to subparagraph (A) shall be subject
to the maximum amount chargeable under subsection (b) of section 1553 of
title 31, United States Code, as amended by this section, and shall be
included in the calculation of the total amount charged to any account
under that section.''
31 USC 1552. Procedure for appropriation accounts available for
definite periods
TITLE 31 -- MONEY AND FINANCE
(a) On September 30th of the 5th fiscal year after the period of
availability for obligation of a fixed appropriation account ends, the
account shall be closed and any remaining balance (whether obligated or
unobligated) in the account shall be canceled and thereafter shall not
be available for obligation or expenditure for any purpose.
(b) Collections authorized or required to be credited to an
appropriation account, but not received before closing of the account
under subsection (a) or under section 1555 of this title shall be
deposited in the Treasury as miscellaneous receipts.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101-510, div.
A, title XIV, 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.)
In subsection (a), the text of 31:701(b)(1)(A) and (2)(A) and the
words ''for the period commencing on July 1, 1976, and ending on
September 30, 1976, and for any fiscal year commencing on or after
October 1, 1976'' are omitted as executed.
In subsection (a)(1), the words ''period of availability ends'' are
substituted for ''that period or the fiscal year or years, as the case
may be, for which the appropriation is available for obligation'' to
eliminate unnecessary words.
In subsection (a)(2), the words ''reverts to the Treasury'' are
substituted for ''if the appropriation was derived in whole or in part
from the general fund, shall revert to such fund'' to eliminate
unnecessary words.
In subsection (b), the words ''not received before'' are substituted
for ''not received until after'' for clarity. The words ''unless
otherwise authorized by law'' are omitted as surplus. The words
''Comptroller General'' are substituted for ''General Accounting
Office'' for consistency.
In subsection (c), the text of 31:701(d)(last sentence) is omitted as
executed.
In subsection (d), before clause (1), the word ''heading'' is
substituted for ''heads'' for clarity and consistency.
1990 -- Pub. L. 101-510 amended text generally, revising and
restating former subsecs. (a) to (d) as subsecs. (a) and (b).
Amendment by Pub. L. 101-510 applicable to any appropriation account
the obligated balance of which, on Nov. 5, 1990, has not been
transferred under subsec. (a)(1) of this section, as in effect Nov. 4,
1990, with transitional provisions, see section 1405(b) of Pub. L.
101-510, set out as a note under section 1551 of this title.
Section 1406 of Pub. L. 101-510 provided that:
''(a) Audit Requirement. -- The Secretary of Defense shall provide
for an audit of each account of the Department of Defense established
under paragraph (1) of section 1552(a) of title 31, United States Code,
as in effect on the day before the date of the enactment of this Act
(Nov. 5, 1990). The audit shall, with respect to each such account,
identify --
''(1) the balance in the account;
''(2) the amount of such balance that is considered by the Secretary
(as of the time of the audit) to represent amounts required for valid
obligations (as supported by documentary evidence as required by section
1501 of title 31) and the amount of such balance that is considered by
the Secretary (as of the time of the audit) to represent amounts for
obligations that are considered no longer valid;
''(3) the sources of amounts in the account, shown by fiscal year and
by amount for each fiscal year; and
''(4) such other matters as the Secretary considers appropriate.
''(b) Deobligation of Obligations No Longer Valid. -- Any obligated
amounts in accounts of the Department of Defense established under
paragraph (1) of section 1552(a) of title 31, United States Code, that
are determined pursuant to the audit under subsection (a) to represent
amounts for obligations that are no longer valid shall be deobligated
and canceled.
''(c) Report on Audit. -- Not later than December 31, 1991, the
Secretary of Defense shall submit to Congress a report containing the
results of the audit conducted pursuant to subsection (a). The report
shall set forth --
''(1) the information required to be identified pursuant to
subsection (a); and
''(2) for each appropriation account (A) the average length of time
funds have been obligated, (B) the average size of the obligation, and
(iii)((C)) the object classification of the obligations, all shown for
total obligations and separately for valid obligations and obligations
that are no longer valid.''
31 USC 1553. Availability of appropriation accounts to pay obligations
TITLE 31 -- MONEY AND FINANCE
(a) After the end of the period of availability for obligation of a
fixed appropriation account and before the closing of that account under
section 1552(a) of this title, the account shall retain its fiscal-year
identity and remain available for recording, adjusting, and liquidating
obligations properly chargeable to that account.
(b)(1) Subject to the provisions of paragraph (2), after the closing
of an account under section 1552(a) or 1555 of this title, obligations
and adjustments to obligations that would have been properly chargeable
to that account, both as to purpose and in amount, before closing and
that are not otherwise chargeable to any current appropriation account
of the agency may be charged to any current appropriation account of the
agency available for the same purpose.
(2) The total amount of charges to an account under paragraph (1) may
not exceed an amount equal to 1 percent of the total appropriations for
that account.
(c)(1) In the case of a fixed appropriation account with respect to
which the period of availability for obligation has ended, if an
obligation of funds from that account to provide funds for a program,
project, or activity to cover amounts required for contract changes
would cause the total amount of obligations from that appropriation
during a fiscal year for contract changes for that program, project, or
activity to exceed $4,000,000, the obligation may only be made if the
obligation is approved by the head of the agency (or an officer of the
agency within the Office of the head of the agency to whom the head of
the agency has delegated the authority to approve such an obligation).
(2) In the case of a fixed appropriation account with respect to
which the period of availability for obligation has ended, if an
obligation of funds from that account to provide funds for a program,
project, or activity to cover amounts required for contract changes
would cause the total amount obligated from that appropriation during a
fiscal year for that program, project, or activity to exceed
$25,000,000, the obligation may not be made until --
(A) the head of the agency submits to the appropriate authorizing
committees of Congress and the Committees on Appropriations of the
Senate and the House of Representatives a notice in writing of the
intent to obligate such funds, together with a description of the legal
basis for the proposed obligation and the policy reasons for the
proposed obligation; and
(B) a period of 30 days has elapsed after the notice is submitted.
(3) In this subsection, the term ''contract change'' means a change
to a contract under which the contractor is required to perform
additional work. Such term does not include adjustments to pay claims
or increases under an escalation clause.
(d)(1) Obligations under this section may be paid without prior
action of the Comptroller General.
(2) This subchapter does not --
(A) relieve the Comptroller General of the duty to make decisions
requested under law; or
(B) affect the authority of the Comptroller General to settle claims
and accounts.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 936; Pub. L. 101-510, div.
A, title XIV, 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.)
In subsection (a), the word ''separately'' is substituted for ''as
one fund'' for clarity. The words ''remains available until expended''
are substituted for ''shall be available without fiscal year
limitation'' for consistency in the revised title.
In subsection (b), the words ''Comptroller General'' are substituted
for ''Comptroller General of the United States'' and ''General
Accounting Office'' for consistency. The words ''affect the authority''
are substituted for ''abridge the existing authority'' to eliminate
unnecessary words. The words ''settle claims and accounts'' are
substituted for ''settle and adjust claims, demands, and accounts'' for
consistency with chapter 35 of the revised title.
1990 -- Pub. L. 101-510 amended text generally. Prior to amendment,
text read as follows:
''(a) Each appropriation account established under section 1552 of
this title is accounted for separately and remains available until
expended to pay obligations chargeable against any appropriation from
which the account is derived.
''(b) Under regulations prescribed by the Comptroller General,
obligations under subsection (a) of this section may be paid without
prior action of the Comptroller General. However, this subchapter does
not --
''(1) relieve the Comptroller General of the duty to make decisions
requested under law; or
''(2) affect the authority of the Comptroller General to settle
claims and accounts.''
Amendment by Pub. L. 101-510 applicable to any appropriation account
the obligated balance of which, on Nov. 5, 1990, has not been
transferred under section 1552(a)(1) of this title, as in effect Nov.
4, 1990, with transitional provisions, see section 1405(b) of Pub. L.
101-510, set out as a note under section 1551 of this title.
31 USC 1554. Audit, control, and reporting
TITLE 31 -- MONEY AND FINANCE
(a) Any audit requirement, limitation on obligations, or reporting
requirement that is applicable to an appropriation account shall remain
applicable to that account after the end of the period of availability
for obligation of that account.
(b)(1) After the close of each fiscal year, the head of each agency
shall submit to the President and the Secretary of the Treasury a report
regarding the unliquidated obligations, unobligated balances, canceled
balances, and adjustments made to appropriation accounts of that agency
during the completed fiscal year. The report shall be submitted no
later than 15 days after the date on which the President's budget for
the next fiscal year is submitted to Congress under section 1105 of this
title.
(2) Each report required by this subsection shall --
(A) provide a description, with reference to the fiscal year of
appropriations, of the amount in each account, its source, and an
itemization of the appropriations accounts;
(B) describe all current and expired appropriations accounts;
(C) describe any payments made under section 1553 of this title;
(D) describe any adjustment of obligations during that fiscal year
pursuant to section 1553 of this title;
(E) contain a certification by the head of the agency that the
obligated balances in each appropriation account of the agency reflect
proper existing obligations and that expenditures from the account since
the preceding review were supported by a proper obligation of funds and
otherwise were proper;
(F) describe all balances canceled under sections 1552 and 1555 of
this title.
(3) The head of each Federal agency shall provide a copy of each such
report to the Speaker of the House of Representatives and the Committee
on Appropriations, the Committee on Governmental Affairs, and other
appropriate oversight and authorizing committees of the Senate.
(c) The head of each agency shall establish internal controls to
assure that an adequate review of obligated balances is performed to
support the certification required by section 1108(c) of this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 936; Pub. L. 101-510, div.
A, title XIV, 1405(a)(1), Nov. 5, 1990, 104 Stat. 1677; Pub. L.
102-190, div. A, title X, 1004(b), Dec. 5, 1991, 105 Stat. 1457.)
In subsection (a), the words ''head of the agency'' are substituted
for ''agency concerned'' for consistency. The word ''President'' is
substituted for ''Director of the Office of Management and Budget''
because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970
(eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget
as the Office of Management and Budget and transferred all functions of
the Bureau to the President.
In subsection (b), the words ''withdrawal or restoration'' are
substituted for ''transactions'' the first time it appears.
1991 -- Subsecs. (c), (d). Pub. L. 102-190 redesignated subsec.
(d) as (c) and struck out former subsec. (c) which read as follows:
''(1) The Director of the Congressional Budget Office shall estimate
each year the effect on the Federal deficit of payments and adjustments
made with respect to sections 1552 and 1553 of this title. Such estimate
shall be made separately for accounts of each agency.
''(2) The Director shall include in the annual report of the Director
to the Committees on the Budget of the Senate and House of
Representatives under paragraph (1) of section 202(f) of the
Congressional Budget Act of 1974 a statement of the estimates made
pursuant to paragraph (1) of this subsection during the preceding year
(including any revisions to estimates contained in earlier reports under
such paragraph). The Director shall include in any report under
paragraph (2) of that section any revisions to such estimates made since
the most recent report under paragraph (1) of such section.''
1990 -- Pub. L. 101-510 substituted ''Audit, control, and
reporting'' for ''Review of appropriation accounts'' in section
catchline and amended text generally, substituting subsecs. (a) to (d)
for former subsecs. (a) and (b) which required the head of each agency
to annually review each appropriation account established by the agency
under section 1552 of this title.
Amendment by Pub. L. 101-510 applicable to any appropriation account
the obligated balance of which, on Nov. 5, 1990, has not been
transferred under section 1552(a)(1) of this title, as in effect Nov.
4, 1990, with transitional provisions, see section 1405(b) of Pub. L.
101-510, set out as a note under section 1551 of this title.
Section 1004(a) of Pub. L. 102-190 provided that: ''At the same
time that the President submits to Congress the budget for each of
fiscal years 1993, 1994, 1995, and 1996 under section 1105 of title 31,
United States Code, the Director of the Office of Management and Budget
shall submit to Congress a report regarding the effect on the Federal
deficit of payments and adjustments made with respect to sections 1552
and 1553 of such title for the fiscal year in which such budget is
submitted, the fiscal year preceding that fiscal year, and the fiscal
year covered by that budget. The report shall include separate
estimates for the accounts of each agency.''
31 USC 1555. Closing of appropriation accounts available for indefinite
periods
TITLE 31 -- MONEY AND FINANCE
An appropriation account available for obligation for an indefinite
period shall be closed, and any remaining balance (whether obligated or
unobligated) in that account shall be canceled and thereafter shall not
be available for obligation or expenditure for any purpose, if --
(1) the head of the agency concerned or the President determines that
the purposes for which the appropriation was made have been carried out;
and
(2) no disbursement has been made against the appropriation for two
consecutive fiscal years.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510, div.
A, title XIV, 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.)
In subsection (a), the words ''indefinite period'' are substituted
for ''not limited to a definite period of time'' for consistency in the
revised title. The words ''consecutive fiscal years'' are substituted
for ''full consecutive fiscal years'' to eliminate an unnecessary word.
In subsection (b), the words ''or were heretofore withdrawn from the
appropriation account by administrative action'' are omitted as
executed.
1990 -- Pub. L. 101-510 substituted ''Closing of appropriation
accounts available'' for ''Withdrawal of unobligated balances of
appropriations'' in section catchline and amended text generally. Prior
to amendment, text read as follows:
''(a) An unobligated balance of an appropriation for an indefinite
period shall be withdrawn in the way provided in section 1552(a)(2) of
this title when the head of the agency concerned decides that the
purposes for which the appropriation was made have been carried out or
when no disbursement is made against the appropriation for 2 consecutive
fiscal years.
''(b) An amount of an appropriation withdrawn under this section may
be restored to the applicable appropriation account to pay obligations
and to settle accounts.''
Amendment by Pub. L. 101-510 applicable to any appropriation account
the obligated balance of which, on Nov. 5, 1990, has not been
transferred under section 1552(a)(1) of this title, as in effect Nov.
4, 1990, with transitional provisions, see section 1405(b) of Pub. L.
101-510, set out as a note under section 1551 of this title.
31 USC 1556. Comptroller General: reports on appropriation accounts
TITLE 31 -- MONEY AND FINANCE
(a) In carrying out audit responsibilities, the Comptroller General
shall report on operations under this subchapter to --
(1) the head of the agency concerned;
(2) the Secretary of the Treasury; and
(3) the President.
(b) A report under this section shall include an appraisal of unpaid
obligations under fixed appropriation accounts for which the period of
availability for obligation has ended.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510, div.
A, title XIV, 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.)
In the section, the word ''President'' is substituted for ''Director
of the Office of Management and Budget'' because sections 101 and 102(
a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.
2085) designated the Bureau of the Budget as the Office of Management
and Budget and transferred all functions of the Bureau to the President.
1990 -- Pub. L. 101-510 substituted ''General: reports'' for
''General reports'' in section catchline and amended text generally.
Prior to amendment, text read as follows:
''(a) In carrying out audit responsibilities, the Comptroller General
shall report on operations under this subchapter to --
''(1) the head of the agency concerned;
''(2) the Secretary of the Treasury; and
''(3) the President.
''(b) A report under this section shall include an appraisal of
unpaid obligations under appropriation accounts established under
section 1552 of this title. By the 30th day after receiving a report,
the head of the agency concerned shall carry out actions required by
section 1554 of this title that the report shows is necessary.''
Amendment by Pub. L. 101-510 applicable to any appropriation account
the obligated balance of which, on Nov. 5, 1990, has not been
transferred under section 1552(a)(1) of this title, as in effect Nov.
4, 1990, with transitional provisions, see section 1405(b) of Pub. L.
101-510, set out as a note under section 1551 of this title.
31 USC 1557. Authority for exemptions in appropriation laws
TITLE 31 -- MONEY AND FINANCE
A provision of an appropriation law may exempt an appropriation from
the provisions of this subchapter and fix the period for which the
appropriation remains available for expenditure.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510, div.
A, title XIV, 1405(a)(1), Nov. 5, 1990, 104 Stat. 1679.)
1990 -- Pub. L. 101-510 substituted ''Authority for exemptions in
appropriation laws'' for ''Authorization to exempt'' in section
catchline and amended text generally. Prior to amendment, text read as
follows: ''A provision of an appropriation law may exempt an
appropriation from this subchapter and fix the period for which the
appropriation remains available for expenditure.''
Amendment by Pub. L. 101-510 applicable to any appropriation account
the obligated balance of which, on Nov. 5, 1990, has not been
transferred under section 1552(a)(1) of this title, as in effect Nov.
4, 1990, with transitional provisions, see section 1405(b) of Pub. L.
101-510, set out as a note under section 1551 of this title.
31 USC 1558. Availability of funds following resolution of a protest
TITLE 31 -- MONEY AND FINANCE
(a) Notwithstanding section 1552 of this title or any other provision
of law, funds available to an agency for obligation for a contract at
the time a protest is filed in connection with a solicitation for,
proposed award of, or award of such contract shall remain available for
obligation for 90 working days after the date on which the final ruling
is made on the protest. A ruling is considered final on the date on
which the time allowed for filing an appeal or request for
reconsideration has expired, or the date on which a decision is rendered
on such an appeal or request, whichever is later.
(b) Subsection (a) applies with respect to any protest filed under
subchapter V of chapter 35 of this title or under section 111(f) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
759(f)).
(Added Pub. L. 101-189, div. A, title VIII, 813(a), Nov. 29, 1989,
103 Stat. 1494.)
31 USC SUBTITLE III -- FINANCIAL MANAGEMENT
TITLE 31 -- MONEY AND FINANCE
Chap. Sec.
31. Public Debt 3101
33. Depositing, Keeping, and Paying Money 3301
35. Accounting and Collection 3501
37. Claims 3701
38. Administrative Remedies for False Claims and Statements 3801
39. Prompt Payment 3901
1986 -- Pub. L. 99-509, title VI, 6103(b), Oct. 21, 1986, 100 Stat.
1948, added item for chapter 38.
1983 -- Pub. L. 97-452, 1(18)(B), Jan. 12, 1983, 96 Stat. 2477,
added item for chapter 39.
31 USC CHAPTER 31 -- PUBLIC DEBT
TITLE 31 -- MONEY AND FINANCE
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.
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.
903, 934, 947, 1032, 1516, 1929, 1929a, 1988; title
12 sections 635b, 635c, 635d, 1431, 1455, 1701g-5b,
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 3723;
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 sections 167j, 1904; title 50 App. section 2312.
31 USC SUBCHAPTER I -- BORROWING AUTHORITY
TITLE 31 -- MONEY AND FINANCE
31 USC 3101. Public debt limit
TITLE 31 -- MONEY AND FINANCE
(a) In this section, the current redemption value of an obligation
issued on a discount basis and redeemable before maturity at the option
of its holder is deemed to be the face amount of the obligation.
(b) The face amount of obligations issued under this chapter and the
face amount of obligations whose principal and interest are guaranteed
by the United States Government (except guaranteed obligations held by
the Secretary of the Treasury) may not be more than $4,145,000,000,000,
outstanding at one time, subject to changes periodically made in that
amount as provided by law through the congressional budget process
described in Rule XLIX of the Rules of the House of Representatives or
otherwise.
(c) For purposes of this section, the face amount, for any month, of
any obligation issued on a discount basis that is not redeemable before
maturity at the option of the holder of the obligation is an amount
equal to the sum of --
(1) the original issue price of the obligation, plus
(2) the portion of the discount on the obligation attributable to
periods before the beginning of such month (as determined under the
principles of section 1272(a) of the Internal Revenue Code of 1986
without regard to any exceptions contained in paragraph (2) of such
section).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 938; Pub. L. 98-34, 1( a),
May 26, 1983, 97 Stat. 196; Pub. L. 98-161, Nov. 21, 1983, 97 Stat.
1012; Pub. L. 98-342, 1(a), July 6, 1984, 98 Stat. 313; Pub. L.
98-475, Oct. 13, 1984, 98 Stat. 2206; Pub. L. 99-177, 1, Dec. 12, 1985,
99 Stat. 1037; Pub. L. 99-384, Aug. 21, 1986, 100 Stat. 818; Pub. L.
100-119, 1, Sept. 29, 1987, 101 Stat. 754; Pub. L. 101-72, 2, Aug. 7,
1989, 103 Stat. 182; Pub. L. 101-140, 1, Nov. 8, 1989, 103 Stat. 830;
Pub. L. 101-508, title XI, 11901((a)), Nov. 5, 1990, 104 Stat.
1388-560.)
In subsection (a), the words ''is deemed to be'' are substituted for
''shall be considered . . . to be'' because a legal fiction is intended.
Section 1272(a) of the Internal Revenue Code of 1986, referred to in
subsec. (c), is classified to section 1272(a) of Title 26, Internal
Revenue Code.
1990 -- Subsec. (b). Pub. L. 101-508 substituted
''$4,145,000,000,000'' for ''$3,122,700,000,000''.
1989 -- Subsec. (b). Pub. L. 101-140 substituted
''$3,122,700,000,000'' for ''$2,800,000,000,000''.
Subsec. (c). Pub. L. 101-72 amended subsec. (c) generally. Prior to
amendment, subsec. (c) read as follows: ''The face amount of
beneficial interests and participations (except those held by their
issuer) issued under section 302(c) of the National Housing Act (12 U.
S.C. 1717(c)) from July 1, 1967, through June 30, 1968, and outstanding
at any time shall be included in the amount taken into account in
deciding whether the face amount requirement of subsection (b) of this
section has been exceeded. This subsection does not require a change in
the budgetary accounting for beneficial interests and participations.''
1987 -- Subsec. (b). Pub. L. 100-119 substituted
''$2,800,000,000,000'' for ''$2,111,000,000,000''.
1986 -- Subsec. (b). Pub. L. 99-384, which directed that subsec.
(b) be amended by ''striking out the dollar limitation contained in such
subsection and inserting in lieu thereof '$2,111,000,000,000,''', was
executed by substituting ''$2,111,000,000,000,'' for
''$1,847,800,000,000, or $2,078,700,000,000 on and after October 1,
1985,'' as the probable intent of Congress.
1985 -- Subsec. (b). Pub. L. 99-177 substituted
''$1,847,800,000,000, or $2,078,700,000,000 on and after October 1,
1985'' for ''$1,575,700,000,000, or $1,823,800,000,000 on and after
October 1, 1984''.
1984 -- Subsec. (b). Pub. L. 98-475 substituted
''$1,575,700,000,000, or $1,823,800,000,000 on and after October 1,
1984,'' for ''$1,573,000,000,000''.
Pub. L. 98-342 substituted ''$1,573,000,000,000'' for
''$1,389,000,000,000, or $1,490,000,000,000 on and after October 1,
1983,''.
1983 -- Subsec. (b). Pub. L. 98-161 inserted '', or
$1,490,000,000,000 on and after October 1, 1983,'' after
''$1,389,000,000,000''.
Pub. L. 98-34 substituted ''$1,389,000,000,000'' for
''$400,000,000,000''.
Pub. L. 98-302, 1, May 25, 1984, 98 Stat. 217, which permanently
increased the public debt limit by $30,000,000,000 effective May 25,
1984, was repealed by Pub. L. 98-342, 1(b), July 6, 1984, 98 Stat.
313, effective on and after July 6, 1984.
The public debt limit set forth in this section was temporarily
increased for limited periods by the following acts:
Oct. 28, 1990, Pub. L. 101-467, 106, 104 Stat. 1087 -- Increase to
$3,230,000,000,000 for the period Oct. 28, 1990, to Nov. 5, 1990.
Aug. 9, 1990, Pub. L. 101-350, 1, 104 Stat. 403, as amended Oct.
2, 1990, Pub. L. 101-405, 1, 104 Stat. 878; Oct. 9, 1990, Pub. L.
101-412, 114, 104 Stat. 897; Oct. 19, 1990, Pub. L. 101-444, 114, 104
Stat. 1033; Oct. 25, 1990, Pub. L. 101-461, 114, 104 Stat. 1078 --
Increase to $3,195,000,000,000 for the period Aug. 9, 1990, to Oct.
27, 1990.
Aug. 7, 1989, Pub. L. 101-72, 1, 103 Stat. 182 -- Increase of
$70,000,000,000 for the period Aug. 7, 1989, to Oct. 31, 1989.
Aug. 10, 1987, Pub. L. 100-84, 101 Stat. 550 -- Increase to
$2,352,000,000,000 for the period Aug. 10, 1987, to Sept. 23, 1987.
May 15, 1987, Pub. L. 100-40, 1(a), 101 Stat. 308, as amended July
30, 1987, Pub. L. 100-80, 1(a), 101 Stat. 542 -- Increase to
$2,320,000,000,000 for the period May 15, 1987, to August 6, 1987.
(Section 1(b) of Pub. L. 100-80 provided that: ''The amendment made by
subsection (a) (amending section 1(a) of Pub. L. 100-40) shall take
effect on the date of the enactment of this Act (July 30, 1987).'')
Nov. 14, 1985, Pub. L. 99-155, 1, 99 Stat. 814 -- Provided for a
temporary increase of an amount determined by the Secretary of the
Treasury as necessary, but not to exceed a public debt limit of
$1,903,800,000,000 for the period Nov. 14, 1985, to Dec. 6, 1985.
June 28, 1982, Pub. L. 97-204, 96 Stat. 130 -- Increase of
$743,100,000,000 for the period June 28, 1982, to Sept. 30, 1982.
Sept. 30, 1981, Pub. L. 97-49, 95 Stat. 956 -- Increase of
$679,800,000,000 for the period Oct. 1, 1981, to Sept. 30, 1982.
Pub. L. 99-509, title VIII, 8201, Oct. 21, 1986, 100 Stat. 1968,
providing for a temporary increase in public debt limit of
$189,000,000,000 for the period Oct. 21, 1986, to May 15, 1987, was
repealed by Pub. L. 100-40, 1(b), May 15, 1987, 101 Stat. 308,
effective May 15, 1987.
Pub. L. 97-270, Sept. 30, 1982, 96 Stat. 1156, providing for a
temporary increase in public debt limit of $890,200,000,000 for the
period Oct. 1, 1982, to Sept. 30, 1983, was repealed by Pub. L.
98-34, 1(b), May 26, 1983, 97 Stat. 196, effective May 26, 1983.
The following acts which temporarily increased the public debt limit
for limited periods were repealed by Pub. L. 97-258, 5(b), Sept. 13,
1982, 96 Stat. 1068:
Pub. L. 97-48, Sept. 30, 1981, 95 Stat. 955, provided for a
temporary increase of $599,800,000,000 for the period Sept. 30, 1981,
to Sept. 30, 1981.
Pub. L. 97-2, Feb. 7, 1981, 95 Stat. 4, provided for a temporary
increase of $585,000,000,000 for the period Feb. 7, 1981, to Sept. 30,
1981.
Pub. L. 96-556, 1, Dec. 19, 1980, 94 Stat. 3261, provided for a
temporary increase of $535,100,000,000 for the period Oct. 1, 1980, to
Sept. 30, 1981.
Pub. L. 96-286, 1, June 28, 1980, 94 Stat. 598, provided for a
temporary increase of $525,000,000,000 for the period June 28, 1980, to
Feb. 28, 1981.
Pub. L. 96-78, title I, 101(a), Sept. 29, 1979, 93 Stat. 589, as
amended Pub. L. 96-256, May 30, 1980, 94 Stat. 421; Pub. L. 96-264,
1, June 6, 1980, 94 Stat. 439, provided for a temporary increase of
$479,000,000,000 for the period Sept. 29, 1979, to June 30, 1980.
Pub. L. 96-5, 1, Apr. 2, 1979, 93 Stat. 8, providing for a
temporary increase of $430,000,000,000 for the period Apr. 2, 1979, to
Sept. 30, 1979, was also repealed by Pub. L. 96-79, title I, 101(b),
Sept. 29, 1979, 93 Stat. 589.
Pub. L. 95-333, 1, Aug. 3, 1978, 92 Stat. 419, providing for a
temporary increase of $398,000,000,000 in the public debt limit for the
period Oct. 3, 1978, to Mar. 31, 1979, was also repealed by Pub. L.
96-5, 2, Apr. 2, 1979, 93 Stat. 8.
Pub. L. 95-120, 1, Oct. 4, 1977, 91 Stat. 1090, as amended,
providing for a temporary increase of $352,000,000,000 in the public
debt limit for the period Oct. 4, 1977, to July 31, 1978, was also
repealed by Pub. L. 95-333, 2, Aug. 3, 1978, 92 Stat. 419.
Pub. L. 94-334, 1, June 30, 1976, 90 Stat. 793, providing for a
temporary increase of $300,000,000,000 in the public debt limit for the
period Apr. 1, 1977, to Sept. 30, 1977, was also repealed by Pub. L.
95-120, 2, Oct. 4, 1977, 91 Stat. 1090.
Pub. L. 94-232, 1, Mar. 15, 1976, 90 Stat. 217, provided for a
temporary increase of $227,000,000,000 for the period Mar. 15, 1976, to
June 30, 1976.
Pub. L. 94-132, 1, Nov. 14, 1975, 89 Stat. 693, providing for a
temporary increase of $195,000,000,000 in the public debt limit for the
period Nov. 14, 1975, to Mar. 15, 1976, was also repealed by Pub. L.
94-232, 2, Mar. 15, 1976, 90 Stat. 217.
Pub. L. 94-47, 1, June 30, 1975, 89 Stat. 246, providing for a
temporary increase of $177,000,000,000 in the public debt limit for the
period June 30, 1975, to Nov. 15, 1975, was also repealed by Pub. L.
94-132, 2, Nov. 14, 1975, 89 Stat. 693.
Pub. L. 94-3, 1, Feb. 19, 1975, 89 Stat. 5, providing for a
temporary increase of $131,000,000,000 in the public debt limit for the
period Feb. 19, 1975, to June 30, 1975, was also repealed by Pub. L.
94-47, 2, June 30, 1975, 89 Stat. 246.
Pub. L. 93-325, 1, June 30, 1974, 88 Stat. 285, providing for a
temporary increase of $95,000,000,000 in the public debt limit for the
period June 30, 1974, to Mar. 31, 1975, was also repealed by Pub. L.
94-3, 2, Feb. 19, 1975, 89 Stat. 5.
Pub. L. 93-173, 1, Dec. 3, 1973, 87 Stat. 691, providing for a
temporary increase of $75,700,000,000 in the public debt limit for the
period of Dec. 3, 1973, to June 30, 1974, was also repealed by Pub. L.
93-325, 2, June 30, 1974, 88 Stat. 285, eff. June 30, 1974.
Pub. L. 92-599, title I, 101, Oct. 27, 1972, 86 Stat. 1324, as
amended Pub. L. 93-53, 1, July 1, 1973, 87 Stat. 134, providing for a
temporary increase of $65,000,000,000 in the public debt limit for the
period of Nov. 1, 1972, to Nov. 30, 1973, was also repealed by Pub.
L. 93-173, 2, Dec. 3, 1973, 87 Stat. 691, eff. Dec. 3, 1973.
Pub. L. 92-250, Mar. 15, 1972, 86 Stat. 63, as amended Pub. L.
92-336, title I, 1, July 1, 1972, 86 Stat. 406, provided for a
temporary increase of $20,000,000,000 for the period Mar. 15, 1972, to
Oct. 31, 1972.
Pub. L. 92-5, title I, 2(a), Mar. 17, 1971, 85 Stat. 5, as amended
July 1, 1972, Pub. L. 92-336, title I, 1, 86 Stat. 406, provided for a
temporary increase of $30,000,000,000 for the period of Mar. 17, 1971,
to Oct. 31, 1972.
Pub. L. 91-301, 2, June 30, 1970, 84 Stat. 368, providing for a
temporary increase of $15,000,000,000 in the public debt limit for the
period of June 30, 1970, to June 30, 1971, was also repealed by Pub. L.
92-5, title I, 2(b), Mar. 17, 1971, 85 Stat. 5, eff. Mar. 17, 1971.
Pub. L. 91-8, 2, Apr. 7, 1969, 83 Stat. 7, provided for a temporary
increase of $12,000,000,000 for the period Apr. 7, 1969, to June 30,
1970.
Pub. L. 90-3, Mar. 2, 1967, 81 Stat. 4, provided for a temporary
increase from $285,000,000,000 to $336,000,000,000 for the period Mar.
2, 1967.
Pub. L. 89-472, June 24, 1966, 80 Stat. 221, provided for a
temporary increase from $285,000,000,000 to $330,000,000,000 for the
period July 1, 1966, to June 30, 1967.
Pub. L. 89-49, June 24, 1965, 79 Stat. 172, provided for a temporary
increase from $285,000,000,000 to $328,000,000,000 for the period July
1, 1965, to June 30, 1966.
Pub. L. 88-327, June 29, 1964, 78 Stat. 255, provided for a
temporary increase from $285,000,000,000 to $324,000,000,000 for the
period June 29, 1964, to June 30, 1965.
Pub. L. 88-187, Nov. 26, 1963, 77 Stat. 342, provided for a
temporary increase from $285,000,000,000 to $309,000,000,000 for the
period Dec. 1, 1963, to June 30, 1964 and a further increase of
$6,000,000,000 for the period Dec. 1, 1963 through June 29, 1964
because of variations in the timing of revenue receipts.
Pub. L. 88-106, Aug. 27, 1963, 77 Stat. 131, provided for a
temporary increase from $285,000,000,000 to $309,000,000,000 for the
period Sept. 1, 1963, to Nov. 30, 1963.
Pub. L. 88-30, 1(2), May 29, 1963, 77 Stat. 50, provided for a
temporary increase from $285,000,000,000 to $309,000,000,000 for the
period July 1, 1963, to Aug. 31, 1963.
Pub. L. 88-30, 1(1), May 29, 1963, 77 Stat. 50, provided for a
temporary increase from $285,000,000,000 to $307,000,000,000 for the
period May 29, 1963, to June 30, 1963.
Pub. L. 87-512, 1(3), July 1, 1962, 76 Stat. 124, provided for a
temporary increase from $285,000,000,000 to $300,000,000,000 for the
period June 25, 1963, to June 30, 1963.
Pub. L. 87-512, 1(2), July 1, 1962, 76 Stat. 124, provided for a
temporary increase from $285,000,000,000 to $305,000,000,000 for the
period Apr. 1, 1963, to June 24, 1963.
Pub. L. 87-512, 1(1), July 1, 1962, 76 Stat. 124, provided for a
temporary increase from $285,000,000,000 to $308,000,000,000 for the
period July 1, 1962, to Mar. 31, 1963.
Pub. L. 87-414, Mar. 13, 1962, 76 Stat. 23, provided for a
temporary increase from $285,000,000,000 to $300,000,000,000 for the
period Mar. 13, 1962, to June 30, 1962.
Pub. L. 87-69, June 30, 1961, 75 Stat. 148, provided for a temporary
increase from $285,000,000,000 to $298,000,000,000 for the period July
1, 1961, to June 30, 1962.
Pub. L. 86-564, title I, 101, June 30, 1960, 74 Stat. 290, provided
for a temporary increase from $285,000,000,000 to $293,000,000,000 for
the period July 1, 1960, to June 30, 1961.
Pub. L. 86-74, 2, June 30, 1959, 73 Stat. 156, provided for a
temporary increase from $285,000,000,000 to $295,000,000,000 for the
period July 1, 1959, to June 30, 1960.
Pub. L. 85-336, Feb. 26, 1958, 72 Stat. 27, provided for a
temporary increase from $275,000,000,000 to $280,000,000,000 for the
period Feb. 26, 1958, to June 30, 1959.
July 9, 1956, ch. 536, 70 Stat. 519, provided for a temporary
increase from $275,000,000,000 to $278,000,000,000 for the period July
1, 1956, to June 30, 1957.
Aug. 28, 1954, ch. 1037, 68 Stat. 895, as amended by act June 30,
1955, ch. 256, 69 Stat. 241, provided for a temporary increase from
$275,000,000,000 to $281,000,000,000 for the period Aug. 28, 1954, to
June 30, 1956.
Provisions requiring the Secretary of the Treasury to restore certain
Federal trust funds and Government accounts to the position they would
have been if the debt limitation of 31 U.S.C. 3101(b) had not prevented
them from investing funds during specific periods were contained in the
following acts:
Pub. L. 101-508, title XI, 11901(b), Nov. 5, 1990, 104 Stat.
1388-560.
Pub. L. 101-140, title III, 301, Nov. 8, 1989, 103 Stat. 833.
Pub. L. 99-177, title II, 272, Dec. 12, 1985, 99 Stat. 1095.
5
sections 8348, 8438; title 12 section 1824.
31 USC 3102. Bonds
TITLE 31 -- MONEY AND FINANCE
(a) With the approval of the President, the Secretary of the Treasury
may borrow on the credit of the United States Government amounts
necessary for expenditures authorized by law and may issue bonds of the
Government for the amounts borrowed and may buy, redeem, and make
refunds under section 3111 of this title. The Secretary may issue bonds
authorized by this section to the public and to Government accounts at
any annual interest rate and prescribe conditions under section 3121 of
this title.
(b) The Secretary shall offer the bonds authorized under this section
first as a popular loan under regulations of the Secretary that allow
the people of the United States as nearly as possible an equal
opportunity to participate in subscribing to the offered bonds.
However, the bonds may be offered in a way other than as a popular loan
when the Secretary decides the other way is in the public interest.
(c)(1) When the Secretary decides it is in the public interest in
making a bond offering under this section, the Secretary may --
(A) make full allotments on receiving applications for smaller
amounts of bonds to subscribers applying before the closing date the
Secretary sets for filing applications;
(B) reject or reduce allotments on receiving applications filed after
the closing date or for larger amounts;
(C) reject or reduce allotments on receiving applications from
incorporated banks and trust companies for their own account and make
full allotments or increase allotments to other subscribers; and
(D) prescribe a graduated scale of allotments.
(2) The Secretary shall prescribe regulations applying to all popular
loan subscribers similarly situated governing a reduction or increase of
an allotment under paragraph (1) of this subsection.
(d) The Secretary may make special arrangements for subscriptions
from members of the armed forces. However, bonds issued to those
members must be the same as other bonds of the same issue.
(e) The Secretary may dispose of any part of a bond offering not
taken and may prescribe the price and way of disposition.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 938; Pub. L. 97-452, 1(
5), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-34, 2, May 26, 1983, 97
Stat. 196; Pub. L. 98-302, 2, May 25, 1984, 98 Stat. 217; Pub. L.
99-272, title XIII, 13212, Apr. 7, 1986, 100 Stat. 325; Pub. L.
100-203, title IX, 9403, Dec. 22, 1987, 101 Stat. 1330-377; Pub. L.
100-647, title VI, 6301, Nov. 10, 1988, 102 Stat. 3755.)
In subsection (a), the word ''amounts'' is substituted for ''sum or
sums'' for consistency. The words ''as in his judgment may be'' are
omitted as surplus. The words ''for expenditures authorized by law''
are substituted for ''for the purposes of this Act . . . and to meet
expenditures authorized for the national security and defense and other
public purposes authorized by law'' because they are inclusive and for
consistency. The words ''under section 3111 of this title'' are
substituted for ''at or before maturity, of any outstanding bonds,
notes, certificates of indebtedness, or Treasury bills of the United
States'' because of the restatement. The words ''prescribe conditions
under section 3121 of this title'' are substituted for the text of 31:
752(2d par. 1st sentence less form of bonds, 2d sentence) because of the
restatement. The words ''at any annual interest rate'' are added for
clarity and to more precisely define the 4.25 percent limitation. The
words ''bonds may not be issued under this section to the public, or
sold by a Government account to the public, with a rate of interest
exceeding 4 1/4 per centum per annum in an amount which would cause''
are omitted as surplus.
In subsections (b), (d), and (e), the words ''not less than par'' are
omitted as superseded by section 3 of the Public Debt Act of 1942 (ch.
205, 56 Stat. 189), restated in section 3121 of the revised title.
In subsection (b), the words ''under regulations of the Secretary
that allow'' are substituted for ''under such regulations, prescribed by
the Secretary of the Treasury from time to time, as will in his opinion
give'' to eliminate unnecessary words. The words ''subscribing to the
offered bonds'' are substituted for ''therein'' for clarity. The words
''However . . . when the Secretary decides the other way is in the
public interest'' are substituted for ''Notwithstanding the provisions
of the foregoing paragraph, the Secretary of the Treasury may from time
to time, when he deems it to be in the public interest'' to eliminate
unnecessary words.
In subsection (c)(1), before clause (A), the words ''and may from
time to time adopt any or all of said methods, should any such action''
in 31:752(3d par. 1st sentence words between 4th comma and proviso) are
omitted because of the restatement. The word ''decides'' is substituted
for ''deemed'' in 31:752(3d par. 1st sentence words between 4th comma
and proviso) and ''deems'' in 31:752a(4th par. related to allotments)
for consistency. The words ''in making a bond offering under this
section'' are added for clarity.
In subsection (c)(2), the word ''regulations'' is substituted for
''general rules'' for consistency in the revised title and with other
titles of the United States Code.
In subsection (d), the words ''members of armed forces'' are
substituted for ''persons in the military or naval forces of the United
States'' for clarity and consistency with title 10.
1988 -- Subsec. (a). Pub. L. 100-647 struck out at end: ''However,
the face amount of bonds issued under this section and held by the
public with interest rates of more than 4.25 percent a year may not be
more than $270,000,000,000.''
1987 -- Subsec. (a). Pub. L. 100-203 substituted
''$270,000,000,000'' for ''$250,000,000,000''.
1986 -- Subsec. (a). Pub. L. 99-272 substituted ''$250,000,000,000''
for ''$200,000,000,000''.
1984 -- Subsec. (a). Pub. L. 98-302 substituted ''$200,000,000,000''
for ''$150,000,000,000''.
1983 -- Subsec. (a). Pub. L. 98-34 substituted ''$150,000,000,000''
for ''$110,000,000,000''.
Pub. L. 97-452 substituted ''$110,000,000,000'' for
''$70,000,000,000''.
sections 231f, 231n.
31 USC 3103. Notes
TITLE 31 -- MONEY AND FINANCE
(a) With the approval of the President, the Secretary of the Treasury
may borrow on the credit of the United States Government amounts
necessary for expenditures authorized by law and may issue notes of the
Government for the amounts borrowed and may buy, redeem, and make
refunds under section 3111 of this title. The Secretary may prescribe
conditions under section 3121 of this title. Notwithstanding section
3121(a)(5) of this title, the payment date of each series of notes
issued shall be at least one year but not more than 10 years from the
date of issue.
(b) The Government may redeem any part of a series of notes before
maturity by giving at least 4 months' notice but not more than one
year's notice.
(c) The holder of a note of one series issued under this section with
the same issue date as another series of notes issued under this section
may convert, at par value, a note of the holder for a note of the other
series.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 939.)
In subsection (a), the words ''In addition to the bonds and
certificates of indebtedness and war-savings certificates authorized by
this Act, and amendments thereto'' are omitted as unnecessary. The
words ''subject to the limitation imposed by section 757b of this
title'' are omitted as surplus. The word ''Government'' is added for
consistency. The words ''for expenditures authorized by law'' are
substituted for ''for the purposes of this Act . . . and to meet public
expenditures authorized by law'' for clarity and because they are
inclusive. The words ''under section 3111 of this title'' are
substituted for ''at or before maturity, of any outstanding bonds,
notes, certificates of indebtedness, or Treasury bills of the United
States'' because of the restatement. The words ''denomination or
denominations'' are omitted because section 3121(a) of the revised title
consolidates this authority in one section for the various types of debt
instruments. The words ''under section 3121 of this title'' are
substituted for ''containing such terms and conditions, and at such rate
or rates of interest'' because of the restatement. The words ''at not
less than par (except as provided in section 754b of this title)'' are
omitted as superseded by section 3 of the Public Debt Act of 1942 (ch.
205, 56 Stat. 189), restated in section 3121 of the revised title. The
words ''Notwithstanding section 3121(a)(5) of this title'' are added for
clarity because the section cited contains the general authority to
which subsection (a)(last sentence) of this section is an exception.
In subsection (b), the words ''at the option of'' and ''and under
such rules and regulations and during such period as he may prescribe''
are omitted as surplus.
Subsection (c) is substituted for 31:753(c) to eliminate unnecessary
words and for clarity and consistency.
31 USC 3104. Certificates of indebtedness and Treasury bills
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury may borrow on the credit of the
United States Government amounts necessary for expenditures authorized
by law and may buy, redeem, and make refunds under section 3111 of this
title. For amounts borrowed, the Secretary may issue --
(1) certificates of indebtedness of the Government; and
(2) Treasury bills of the Government.
(b) The Secretary may prescribe conditions for issuing certificates
of indebtedness and Treasury bills under section 3121 of this title and
conditions under which the certificates and bills may be redeemed before
maturity. Notwithstanding section 3121(a)(5) of this title, the payment
date of certificates of indebtedness and Treasury bills may not be more
than one year after the date of issue.
(c) Treasury bills issued under this section may not be accepted
before maturity to pay principal or interest on obligations of
governments of foreign countries that are held by the United States
Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 939.)
In subsection (a), before clause (1), the words ''In addition to the
bonds and notes authorized by sections 752, 753, and 757c of this
title'' are omitted as unnecessary. The words ''subject to the
limitation imposed by section 757b of this title'' are omitted as
surplus. The words ''for expenditures authorized by law'' are
substituted for ''for the purposes of this Act . . . and to meet public
expenditures authorized by law'' for clarity and because they are
inclusive. The words ''under section 3111 of this title'' are
substituted for ''at or before maturity, of any outstanding bonds,
notes, certificates of indebtedness or Treasury bills of the United
States'' because of the restatement. The words ''at not less than par''
are omitted as superseded by section 3 of the Public Debt Act of 1942
(ch. 205, 56 Stat. 189), restated in section 3121 of the revised title.
The text of 31:754(a)(2d sentence) is omitted as superseded by section
3121(a) of the revised title. In clause (1), the words ''and at such
rate or rates of interest, payable at such time or times as he may
prescribe'' are omitted because they are superseded by section 3121(a),
(b)(1), and (c) of the revised title. In clause (2), the words ''on a
discount basis and payable at maturity without interest'' are omitted
because they are superseded by section 3121(a) of the revised title.
The words ''of the Government'' are added for consistency.
In subsection (b), the words ''terms and'' after ''upon such'' are
omitted as surplus. The words ''for issuing . . . under section 3121 of
this title'' are substituted for ''subject to such terms and
conditions'' because of the restatement. The words ''Notwithstanding
section 3121(a)(5) of this title'' are substituted for ''shall be
payable at such time'' for clarity because the section cited contains
the general authority to which subsection (c)(last sentence) of this
section is an exception.
In subsection (c), the words ''account of'' are omitted as surplus.
31 USC 3105. Savings bonds and savings certificates
TITLE 31 -- MONEY AND FINANCE
(a) With the approval of the President, the Secretary of the Treasury
may issue savings bonds and savings certificates of the United States
Government and may buy, redeem, and make refunds under section 3111 of
this title. Proceeds from the bonds and certificates shall be used for
expenditures authorized by law. Savings bonds and certificates may be
issued on an interest-bearing basis, on a discount basis, or on an
interest-bearing and discount basis. Savings bonds shall mature not
more than 20 years from the date of issue. Savings certificates shall
mature not more than 10 years from the date of issue. The difference
between the price paid and the amount received on redeeming a savings
bond or certificate is interest under the Internal Revenue Code of 1986
(26 U.S.C. 1 et seq.).
(b)(1) With the approval of the President and except as provided in
paragraph (2) of this subsection, the Secretary may --
(A) fix the investment yield for savings bonds; and
(B) change the investment yield on an outstanding savings bond,
except that the yield on a bond for the period held may not be decreased
below the minimum yield for the period guaranteed on the date of issue.
(2) The investment yield on a series E savings bond shall be at least
4 percent a year compounded semiannually beginning on the first day of
the month beginning after the date of issue of the bond and ending on
the last day of the month before the date of redemption.
(3) With the approval of the President, the Secretary may prescribe
regulations providing that --
(A) owners of series E and H savings bonds may keep the bonds after
maturity or after a period beyond maturity during which the bonds have
earned interest and continue to earn interest at rates consistent with
paragraph (1) of this subsection; and
(B) series E and H savings bonds earning a different rate of interest
before the regulations are prescribed shall earn a rate of interest
consistent with paragraph (1).
(c) The Secretary may prescribe for savings bonds and savings
certificates issued under this section --
(1) the form and amount of an issue and series;
(2) the way in which they will be issued;
(3) the conditions, including restrictions on transfer, to which they
will be subject;
(4) conditions governing their redemption;
(5) their sales price and denominations;
(6) a way to evidence payments for or on account of them and to
provide for the exchange of savings certificates for savings bonds; and
(7) the maximum amount issued in a year that may be held by one
person.
(d) The Secretary may authorize financial institutions to make
payments to redeem savings bonds and savings notes. A financial
institution may be a paying agent only if the institution --
(1) is incorporated under the laws of the United States, a State, the
District of Columbia, or a territory or possession of the United States;
(2) in the usual course of business accepts, subject to withdrawal,
money for deposit or the purchase of shares;
(3) is under the supervision of a banking authority of the
jurisdiction in which it is incorporated;
(4) has a regular office to do business; and
(5) is qualified under regulations prescribed by the Secretary in
carrying out this subsection.
(e)(1) The Secretary may prescribe a way in which a check issued to
an individual (except a trust or estate) as a refund for taxes imposed
under subtitle A of the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.) may become a series E savings bond. However, a check may become a
bond only if the claim for a refund is filed by the last day prescribed
by law for filing the return (determined without any extensions) for the
taxable year for which the refund is made. The Secretary may prescribe
the time and way in which the check becomes a bond.
(2) A bond issued under this subsection is deemed to be a series E
bond issued under this section, except that the bond shall bear an issue
date of the first day of the first month beginning after the close of
the taxable year for which the bond is issued. The Secretary also may
provide that a bond issued to joint payees may be redeemed by either
payee alone.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 940; Pub. L. 97-452, 1(
6), (7), Jan. 12, 1983, 96 Stat. 2467, 2468; Pub. L. 99-514, 2, Oct.
22, 1986, 100 Stat. 2095.)
In subsection (a), the words ''through the United States Postal
Service or otherwise'' and ''Treasury'' before ''savings'' are omitted
as surplus. The words ''and may buy, redeem, and make refunds under
section 3111 of this title'' are added because of the restatement. The
words ''for expenditures authorized by law'' are substituted for ''to
meet any public expenditures authorized by law, and to retire any
outstanding obligations of the United States bearing interest or issued
on a discount basis'' for clarity and because they are inclusive. The
word ''combination'' is omitted as surplus.
In subsection (b)(1), the words ''Except as provided in paragraph (2)
of this subsection'' are added for clarity. The word ''conditions'' is
substituted for ''terms'' for consistency in the revised title and with
other titles of the United States Code. The word ''calendar'' is
omitted as surplus. The words ''(or, beginning on October 1, 1976, if
later)'' are omitted as executed.
In subsection (b)(3), the words ''at their option'' and ''upon them''
are omitted as surplus. The last sentence is substituted for
31:757c(b)(2)(B) for clarity.
In subsection (c), before clause (1), the words ''subject to the
limitation imposed by section 757b of this title'' are omitted as
surplus. The words ''issued under this section'' are added for clarity.
In clause (3), the words ''terms and'' are omitted as surplus. The
words ''consistent with subsections (b) to (d) of this section'' are
omitted as unnecessary because of the restatement. In clause (4), the
words ''before maturity'' are omitted as surplus. In clause (6), the
words ''a way to evidence payments for'' are substituted for ''issue, or
cause to be issued, stamps, or may provide any other means to evidence
payments for'' because they are inclusive. The text of 31:757c(c)(last
sentence) is omitted because section 5 of the Public Debt Act of 1942
(ch. 205, 56 Stat. 189), ended the authority of the Postmaster General
to issue stamps. In clause (7), the word ''maximum'' is added for
clarity. The words ''at any one time'' are omitted as surplus.
In subsection (d), before clause (1), the words ''under such
regulations as he may prescribe'', ''or permit'', and ''commercial
banks, trust companies, savings banks, savings and loan associations,
building and loan associations (including cooperative banks), credit
unions, cash depositories, industrial banks, and similar'' are omitted
as surplus. In clause (1), the words ''Commonwealth of the Philippine
Islands'' in section 22(h) of the Second Liberty Bond Act (ch. 56, 40
Stat. 288) are omitted because of Proclamation No. 2695 (July 24, 1946,
60 Stat. 1352) proclaiming the independence of the Philippines. In
clause (3), the words ''department or equivalent'' are omitted as
surplus. In clause (5), the word ''duly'' is omitted as surplus.
In subsection (e)(1), the words ''by regulations'' are omitted as
unnecessary. The words ''a way'' are added, and the words ''However, a
check may become a bond'' are substituted for ''This subsection shall
apply'', for clarity.
In subsection (e)(2), the words ''Except as provided in paragraph
(2)'' are omitted as unnecessary. The words ''is deemed to be'' are
substituted for ''shall be treated for all purposes of law as'' because
a legal fiction is intended. The words ''calendar'' and ''In the case
of . . . under this subsection'' are omitted as surplus.
In subsection (b)(1), before clause (A), the words ''and except as
provided in paragraph (2) of this subsection'' are added for clarity.
In clause (B), the word ''change'' is substituted for ''provide for
increases and decreases in'' to eliminate unnecessary words. The word
''investment'' is omitted the 2d time it appears as surplus.
1986 -- Subsecs. (a), (e)(1). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
1983 -- Subsec. (b). Pub. L. 97-452, 1(6), added par. (1) and
redesignated former par. (1) as (2), in par. (2) as so redesignated,
struck out provision that except as provided in former par. (2), the
interest rate on, and the issue price of, savings bonds and savings
certificates and the conditions under which they might be redeemed might
not yield more than 5.5 percent a year compounded semiannually, struck
out former par. (2) which provided that the Secretary with the
President's approval might fix the yield on savings bonds at any percent
per year compounded semiannually, but that total increases in a
six-month period might not exceed one percent a year compounded
semiannually, redesignated provisions of par. (3) as subpars. (A) and
(B), and, in subpar. (B), as so redesignated, substituted provisions
that series E and H savings bonds earning a different rate of interest
before the regulations are prescribed shall earn a rate of interest
consistent with par. (1) for provision that series E and H savings
bonds earning a higher rate of interest before the regulations were
prescribed would continue to earn a higher rate of interest consistent
with par. (1).
Subsec. (c)(5). Pub. L. 97-452, 1(7), struck out ''(expressed in
terms of the maturity value)'' after ''denominations''.
Ex. Ord. No. 11981, Mar. 29, 1977, 42 F.R. 17095, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, and as President of the United
States of America, it is hereby ordered as follows:
Section 1. (a) There is hereby established the Interagency Committee
for the Purchase of United States Savings Bonds (hereinafter referred to
as the Committee). The Committee shall consist of a Chairman, who is to
be appointed by the President for a term of two years, and the heads of
Federal agencies. Each member of the Committee is responsible for the
success of the Payroll Savings Program in his agency.
(b) Members of the Committee may designate an alternate, who shall
serve as a member of the Committee whenever the regular member is unable
to attend any meeting of the Committee. The alternate member may be
authorized to act for the regular member in all appropriate matters
relating to the Committee. In the case of an executive or military
department, a Deputy Secretary or an Under Secretary may be designated
as an alternate member. In the case of any other Federal agency, the
alternate member shall be designated from among the officials thereof of
appropriate rank.
(c) The Chairman will designate the Federal Payroll Savings Officer
of the Savings Bonds Division, Department of the Treasury, to act as his
liaison officer with members of the Committee.
Sec. 2. The Committee shall perform the following functions and
duties:
(a) Formulating and presenting to the Federal agencies a plan of
organization and sales promotion whereby the Payroll Savings Plan and
Military Bond Allotment Plan, hereinafter referred to as the Plans, will
be made available to all uniformed and civilian personnel of the
government for the purchase of Savings Bonds, and whereby all such
personnel will be urged to participate.
(b) Assisting the Federal agencies in installing the Plans and in
solving any special problems that may develop in connection therewith.
(c) Acting as a clearinghouse for Federal agencies in compiling and
disseminating such statistics and information with respect to the
implementation and sales promotion of the Plans as may be appropriate.
(d) Recommending to the Federal agencies any methods for improvements
in the program adopted pursuant to the Plans.
(e) The Committee will meet, and will be available to meet with the
President, at least once each calendar year and at such other times as
may be necessary to carry out its responsibilities.
Sec. 3. Each Federal agency shall institute and put into operation,
as soon as practicable, a plan of organization and sales promotion
recommended by the Committee, with such modifications as particular
circumstances may render advisable.
Sec. 4. As used in this Order, the term ''Federal agencies'' means
departments, agencies, and establishments of the Executive branch of the
Government.
Sec. 5. This Order supersedes Executive Order No. 11532 of June 2,
1970.
Jimmy Carter.
Pub. L. 97-248, title II, 289(b), Sept. 3, 1982, 96 Stat. 57,
provided that for a savings bond issued before the 30th day after Sept.
3, 1982, for purposes of sections 757c and 757c-2 of former Title 31,
the minimum yield for the period held is the scheduled investment yield
for the period in effect on the 30th day.
31 USC 3106. Retirement and savings bonds
TITLE 31 -- MONEY AND FINANCE
(a) With the approval of the President, the Secretary of the Treasury
may issue retirement and savings bonds of the United States Government
and may buy, redeem, and make refunds under section 3111 of this title.
The proceeds from the bonds shall be used for expenditures authorized by
law. Retirement and savings bonds may be issued only on a discount
basis. The maturity period of the bonds shall be at least 10 years from
the date of issue but not more than 30 years from the date of issue.
The difference between the price paid and the amount received on
redeeming a bond is interest under the Internal Revenue Code of 1986 (26
U.S.C. 1 et seq.).
(b) With the approval of the President, the Secretary may allow
owners of retirement and savings bonds to keep the bonds after maturity
and continue to earn interest on them at rates that are consistent with
the rate of investment yield provided by retirement and savings bonds.
(c) Section 3105(c)(1)-(5) of this title applies to this section.
Sections 3105(c)(6) and (d) and 3126 of this title apply to this section
to the extent consistent with this section. The Secretary may prescribe
the maximum amount of retirement and savings bonds issued under this
section in a year that may be held by one person. However, the maximum
amount shall be at least $3,000.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 941; Pub. L. 97-452, 1(
8), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 99-514, 2, Oct. 22, 1986, 100
Stat. 2095.)
In subsection (a), the words ''In addition to the United States
savings bonds authorized to be issued under section 757c of this title''
are omitted as surplus. The words ''through the United States Postal
Service or otherwise'' are omitted as surplus and unnecessary because of
39:411. The words ''and may buy, redeem, and make refunds under section
3111 of this title'' are added because of the restatement. The words
''and to retire any outstanding obligations of the United States bearing
interest or issued on a discount basis'' are omitted as unnecessary
because of section 3111 of the revised title. The words ''as the terms
thereof may provide'' are omitted because of the restatement.
In subsection (b), the word ''conditions'' is substituted for
''terms'' for consistency in the revised title and with other titles of
the United States Code. The words ''by regulations'' are omitted as
unnecessary. The words ''at their option'' are omitted as surplus.
In subsection (c), the words ''Section 3105(c)(1)-(5) of this title
applies to this section'' are substituted for 31:757c-2(a)(last
sentence) and (b)(1)(2d sentence words before 1st comma, 3d sentence) to
eliminate unnecessary words. The words ''by regulations'' are omitted
as unnecessary.
1986 -- Subsec. (a). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
1983 -- Subsec. (b). Pub. L. 97-452 struck out provisions that the
issue price of retirement and savings bonds and the conditions under
which they could be redeemed could give an investment yield of not more
than 5 percent a year compounded semiannually.
31 USC 3107. Increasing interest rates and investment yields on
retirement bonds
TITLE 31 -- MONEY AND FINANCE
With the approval of the President, the Secretary of the Treasury may
increase by regulation the interest rate or investment yield on an
offering of bonds issued under this chapter that are described in
sections 405(b) and 409(a) of the Internal Revenue Code of 1954 (26 U.
S.C. 405(b), 409(a)), as in effect before the enactment of the Tax
Reform Act of 1984. The increased yield shall be for interest accrual
periods specified in the regulations so that the interest rate or
investment yield on the bonds for those periods is consistent with the
interest rate or investment yield on a new offering of those bonds.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 941; Pub. L. 98-369, div.
A, title IV, 491(d)(59), July 18, 1984, 98 Stat. 852.)
The words ''interest rate'' are added for consistency in the chapter
and with 26:405(b) and 409(a).
Sections 405(b) and 409(a) of the Internal Revenue Code of 1954 (26
U.S.C. 405(b), 409(a)), referred to in text, were repealed by Pub. L.
98-369, div. A, title IV, 491(a), (b), July 18, 1984, 98 Stat. 848.
Enactment of the Tax Reform Act of 1984, referred to in text, means
the date of enactment of division A of Pub. L. 98-369, which was
approved July 18, 1984.
1984 -- Pub. L. 98-369 inserted '', as in effect before the
enactment of the Tax Reform Act of 1984'' after ''(26 U.S.C. 405(b),
409(a))''.
Amendment by Pub. L. 98-369 applicable to obligations issued after
Dec. 31, 1983, see section 491(f)(1) of Pub. L. 98-369, set out as a
note under section 62 of Title 26, Internal Revenue Code.
31 USC 3108. Prohibition against circulation privilege
TITLE 31 -- MONEY AND FINANCE
An obligation issued under sections 3102-3104(a)(1) and 3105-3107 of
this title may not bear the circulation privilege.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 942.)
The reference in 31:758 to certificates authorized under 31:757 is
omitted because the authority under 31:757 was ended by section 2(b)(3)
of the Public Debt Act of 1941 (ch. 7, 55 Stat. 7).
31 USC 3109. Tax and loss bonds
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury may issue tax and loss bonds of the
United States Government and may buy, redeem, and make refunds under
section 3111 of this title. The proceeds of the tax and loss bonds
shall be used for expenditures authorized by law. Tax and loss bonds
are nontransferrable except as provided by the Secretary, bear no
interest, and shall be issued in amounts needed to allow persons to
comply with section 832(e) of the Internal Revenue Code of 1986 (26 U.
S.C. 832(e)). The Secretary may prescribe the amount of tax and loss
bonds and the conditions under which the bonds will be issued as
required by section 832(e).
(b) For a taxable year in which amounts are deducted from the
mortgage guaranty account referred to in section 832(e)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 832(e)(3)), an amount of tax
and loss bonds bought under section 832(e)(2) of the Internal Revenue
Code of 1986 (26 U.S.C. 832(e)(2)) shall be redeemed for the amount
deducted from the account. The amount redeemed shall be applied as
necessary to pay taxes due because of the inclusion under section 832(
b)(1)(E) of the Internal Revenue Code of 1986 (26 U.S.C. 832(b)(1)(E))
of amounts in gross income. The Secretary also may prescribe additional
ways to redeem the bonds.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 942; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
In subsection (a), the words ''and may buy, redeem, and make refunds
under section 3111 of this title'' are substituted for ''and to retire
any outstanding obligations of the United States issued under this Act''
for consistency. The words ''subject to the limitations imposed by
section 757b of this title'' are omitted as surplus. The word
''conditions'' is substituted for ''terms and conditions'' because it is
inclusive.
1986 -- Pub. L. 99-514 substituted ''Internal Revenue Code of 1986''
for ''Internal Revenue Code of 1954'' wherever appearing.
31 USC 3110. Sale of obligations of governments of foreign countries
TITLE 31 -- MONEY AND FINANCE
(a) With the approval of the President, the Secretary of the Treasury
may sell obligations of the government of a foreign country when the
obligations were acquired under --
(1) the First Liberty Bond Act and matured before June 16, 1947;
(2) the Second Liberty Bond Act and matured before October 16, 1938;
or
(3) section 7(a) of the Victory Liberty Loan Act.
(b) The Secretary may prescribe the conditions and frequency for
receiving payment under obligations of a government of a foreign country
acquired under the laws referred to in subsection (a) of this section.
A sale of an obligation acquired under those Acts shall at least equal
the purchase price and accrued interest. The proceeds of obligations
sold under this section and payments received from governments on the
principal of their obligations shall be used to redeem or buy (for not
more than par value and accrued interest) bonds of the United States
Government issued under this chapter. If those bonds cannot be redeemed
or bought, the Secretary shall redeem or buy other outstanding
interest-bearing obligations of the Government that are subject to
redemption or which can be bought at not more than par value and accrued
interest.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 942.)
In the section, the words ''government of a foreign country'' are
substituted for ''foreign governments'' for consistency in the revised
title and with other titles of the United States Code.
In subsection (a), the text of 31:801 and 802 (related to converting
certain obligations of foreign governments into obligations bearing a
higher rate of interest or with a longer term to maturity) is omitted as
executed.
In subsection (b), the text of 31:804 is omitted as unnecessary. The
word ''conditions'' is substituted for ''terms and conditions'' because
it is inclusive. The words ''unless otherwise hereafter provided by
law'' are omitted as surplus.
The First Liberty Bond Act, referred to in subsec. (a)(1), is act
Apr. 24, 1917, ch. 4, 40 Stat. 35, which enacted sections 746, 755,
755a, 759, 764, 774, and 804 of former Title 31 and section 462a of
Title 12, Banks and Banking, and amended sections 745 and 768 of former
Title 31, and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96
Stat. 1072.
The Second Liberty Bond Act, referred to in subsec. (a)(2), is act
Sept. 24, 1917, ch. 56, 40 Stat. 288, as amended, which enacted
sections 747, 752 to 754b, 757, 757b, 757c to 757e, 758, 760, 765, 766,
771, 773, and 801 and amended sections 745, 764, 769, and 774 of former
Title 31, and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96
Stat. 1072.
Section 7(a) of the Victory Liberty Loan Act, referred to in subsec.
(a)(3), is section 7(a) of act Mar. 3, 1919, ch. 100, 40 Stat. 1309,
and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat.
1072.
31 USC 3111. New issue used to buy, redeem, or refund outstanding
obligations
TITLE 31 -- MONEY AND FINANCE
An obligation may be issued under this chapter to buy, redeem, or
refund, at or before maturity, outstanding bonds, notes, certificates of
indebtedness, Treasury bills, or savings certificates of the United
States Government. Under regulations of the Secretary of the Treasury,
money received from the sale of an obligation and other money in the
general fund of the Treasury may be used in making the purchases,
redemptions, or refunds.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 942.)
The words ''regulations of'' are substituted for ''rules,
regulations, terms, and conditions . . . may prescribe'' to eliminate
unnecessary words.
31 USC 3112. Sinking fund for retiring and cancelling bonds and notes
TITLE 31 -- MONEY AND FINANCE
(a) The Department of the Treasury has a sinking fund for retiring
bonds and notes issued under this chapter. Amounts in the fund are
appropriated for payment of bonds and notes at maturity or for their
redemption or purchase before maturity by the Secretary of the Treasury.
The fund is available until all the bonds and notes are retired.
(b) For each fiscal year, an amount is appropriated equal to --
(1) the interest that would have been payable during the fiscal year
for which the appropriation is made on the bonds and notes bought,
redeemed, or paid out of the fund during that or prior years;
(2) 2.5 percent of the total amount of bonds and notes issued under
the First Liberty Bond Act, the Second Liberty Bond Act, the Third
Liberty Bond Act, the Fourth Liberty Bond Act, and the Victory Liberty
Loan Act and outstanding on July 1, 1920, less an amount equal to the
par amount of obligations of governments of foreign countries that the
United States Government held on July 1, 1920; and
(3) 2.5 percent of the total amount expended after June 29, 1933,
from appropriations made or authorized in sections 301 and 302 of the
Emergency Relief and Construction Act of 1932.
(c) The Secretary may prescribe the price and conditions for paying,
redeeming, and buying bonds and notes under this section. The average
cost of bonds and notes bought under this section may not be more than
par value and accrued interest. Bonds and notes bought, redeemed, or
paid out of the sinking fund must be canceled and retired and may not be
reissued.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 943.)
In subsection (a), the word ''cumulative'' is omitted as surplus.
The words ''under this chapter'' are substituted for ''under the First
Liberty Bond Act, the Second Liberty Bond Act, the Third Liberty Bond
Act, the Fourth Liberty Bond Act, or under this Act, and outstanding on
July 1, 1920, and of bonds and notes thereafter issued, under any of
such Acts or under any of such Acts as amended'' to eliminate
unnecessary words, reference to laws that have been executed, and to
reflect consolidation of the public debt authority in the revised
chapter. The words ''and all additions thereto'' are omitted as
surplus.
Subsection (b)(1) and (2) is substituted for 31:767(last sentence) to
eliminate unnecessary words.
In subsection (b)(3), the text of 31:767b(related to 31:767a) is
omitted as obsolete.
In subsection (c), the word ''conditions'' is substituted for ''terms
and conditions'' because it is inclusive.
The First Liberty Bond Act, referred to in subsec. (b)(2), is act
Apr. 24, 1917, ch. 4, 40 Stat. 35, which enacted sections 746, 755,
755a, 759, 764, 774, and 804 of former Title 31 and section 462a of
Title 12, Banks and Banking, and amended sections 745 and 768 of former
Title 31, and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96
Stat. 1072.
The Second Liberty Bond Act, referred to in subsec. (b)(2), is act
Sept. 24, 1917, ch. 56, 40 Stat. 288, as amended, which enacted
sections 747, 752 to 754b, 757, 757b, 757c to 757e, 758, 760, 765, 766,
771, 773, and 801 and amended sections 745, 764, 769, and 774 of former
Title 31, and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96
Stat. 1072.
The Third Liberty Bond Act, referred to in subsec. (b)(2), is act
Apr. 4, 1918, ch. 44, 40 Stat. 502, which enacted sections 765, 766,
and 774 and amended sections 752, 752a, 754, and 771 of former Title 31,
and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat.
1072.
The Fourth Liberty Bond Act, referred to in subsec. (b)(2), is act
July 9, 1918, ch. 142, 40 Stat. 844, which enacted sections 750 and
772 and amended sections 752 and 774 of former Title 31, and was
repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1072.
The Victory Liberty Loan Act, referred to in subsec. (b)(2), is act
Mar. 3, 1919, ch. 100, 40 Stat. 1309, which enacted sections 749,
753, 763, 767, 802, and 803 and amended sections 750, 754, and 774 of
former Title 31 and section 343 of Title 15, Commerce and Trade, and was
repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1072.
Sections 301 and 302 of the Emergency Relief and Construction Act of
1932, referred to in subsec. (b)(3), are sections 301 and 302 of act
July 21, 1932, ch. 520, 47 Stat. 709, which are not classified to the
Code.
31 USC 3113. Accepting gifts
TITLE 31 -- MONEY AND FINANCE
(a) To provide the people of the United States with an opportunity to
make gifts to the United States Government to be used to reduce the
public debt --
(1) the Secretary of the Treasury may accept for the Government a
gift of --
(A) money made only on the condition that it be used to reduce the
public debt;
(B) an obligation of the Government included in the public debt made
only on the condition that the obligation be canceled and retired and
not reissued; and
(C) other intangible personal property made only on the condition
that the property is sold and the proceeds from the sale used to reduce
the public debt; and
(2) the Administrator of General Services may accept for the
Government a gift of tangible property made only on the condition that
it be sold and the proceeds from the sale be used to reduce the public
debt.
(b) The Secretary and the Administrator each may reject a gift under
this section when the rejection is in the interest of the Government.
(c) The Secretary and the Administrator shall convert a gift either
of them accepts under subsection (a)(1)(C) or (2) of this section to
money on the best terms available. If a gift accepted under subsection
(a) of this section is subject to a gift or inheritance tax, the
Secretary or the Administrator may pay the tax out of the proceeds of
the gift or the proceeds of the redemption or sale of the gift.
(d) The Treasury has an account into which money received as gifts
and proceeds from the sale or redemption of gifts under this section
shall be deposited. The Secretary shall use the money in the account to
pay at maturity, or to redeem or buy before maturity, an obligation of
the Government included in the public debt. An obligation of the
Government that is paid, redeemed, or bought with money from the account
shall be canceled and retired and may not be reissued. Money deposited
in the account is appropriated and may be expended to carry out this
section.
(e)(1) The Secretary shall redeem a direct obligation of the
Government bearing interest or sold on a discount basis on receiving it
when the obligation --
(A) is given to the Government;
(B) becomes the property of the Government under the conditions of a
trust; or
(C) is payable on the death of the owner to the Government (or to an
officer of the Government in the officer's official capacity).
(2) If the gift or transfer to the Government is subject to a gift or
inheritance tax, the Secretary shall pay the tax out of the proceeds of
redemption.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 943.)
In subsection (a), before clause (1), the words ''In order'' are
omitted as surplus. The words ''To provide'' are substituted for ''to
afford'' for clarity. The words ''for the purpose'' are omitted as
unnecessary. In clauses (1) and (2), the word ''for'' is substituted
for ''on behalf of'' for consistency. The word ''realized'' is omitted
as surplus. In clause (2), the word ''tangible'' is substituted for
''real or personal'' to eliminate unnecessary words.
In subsections (b) and (c), the words ''as the case may be'' are
omitted as unnecessary.
In subsection (c), the words ''under applicable law'' are omitted as
surplus.
In subsection (d), the words ''on the books of'' and ''special'' are
omitted as surplus. The words ''proceeds from the sale or redemption of
gifts'' are substituted for ''all money received as a result of the
conversion into money of gifts of property other than money received''
for clarity and consistency.
In subsection (e)(1), the word ''Secretary'' is substituted for
''Treasurer of the United States'' because of the source provisions
restated in section 321(c) of the revised title. In clause (A), the
word ''given'' is substituted for ''is donated . . . is bequeathed by
will'' to eliminate unnecessary words. In clause (B), the word
''conditions'' is substituted for ''terms'' for consistency in the
revised title and with other titles of the United States Code. In
clause (C), the words ''by its terms'' are omitted as surplus.
In subsection (e)(2), the words ''under applicable law'' and
''bequest'' are omitted as surplus. The words ''and shall deposit the
balance in the Treasury as miscellaneous receipts or as otherwise
authorized by law'' are omitted as surplus because of section 3302(a) of
the revised title. The text of 31:757e(last sentence) is omitted
because of the restatement.
31 USC SUBCHAPTER II -- ADMINISTRATIVE
TITLE 31 -- MONEY AND FINANCE
31 USC 3121. Procedure
TITLE 31 -- MONEY AND FINANCE
(a) In issuing obligations under sections 3102-3104 of this title,
the Secretary of the Treasury may prescribe --
(1) whether an obligation is to be issued on an interest-bearing
basis, a discount basis, or an interest-bearing and discount basis;
(2) regulations on the conditions under which the obligation will be
offered for sale, including whether it will be offered for sale on a
competitive or other basis;
(3) the offering price and interest rate;
(4) the method of computing the interest rate;
(5) the dates for paying principal and interest;
(6) the form and denominations of the obligations; and
(7) other conditions.
(b)(1) Under conditions prescribed by the Secretary, an obligation
issued under this chapter and redeemable on demand of the owner or
holder may be used to pay the United States Government for taxes imposed
by it.
(2) An obligation of the Government issued after March 3, 1971, under
law may not be redeemed before its maturity to pay a tax imposed by the
Government in an amount more than the fair market value of the
obligation at the time of its redemption. This paragraph does not apply
to a Treasury bill issued under section 3104 of this title.
(c) Under conditions prescribed by the Secretary, an obligation
authorized by this chapter may be issued in exchange for an obligation
of an agency whose principal and interest are unconditionally guaranteed
by the Government at or before maturity.
(d) Under conditions prescribed by the Secretary, the Secretary may
issue registered bonds in exchange for and instead of coupon bonds that
have been or may be issued. The registered bonds shall be similar in
all respects to the registered bonds issued under a law authorizing the
issue of coupon bonds offered for exchange.
(e) A decision of the Secretary about an issue of obligations under
sections 3102-3104 of this title is final.
(f) The Secretary may accept voluntary services in carrying out the
sale of public debt obligations.
(g)(1) In this subsection, ''registration-required obligation'' means
an obligation except an obligation --
(A) not of a type offered to the public;
(B) having a maturity (at issue) of not more than one year; or
(C) described in paragraph (2) of this subsection.
(2) An obligation is not a registration-required obligation if --
(A) there are arrangements reasonably designed to ensure that the
obligation will be sold (or resold in connection with the original
issue) only to a person that is not a United States person; and
(B) for an obligation not in registered form --
(i) interest on the obligation is payable only outside the United
States and its territories and possessions; and
(ii) a statement is on the face of the obligation that a United
States person holding the obligation is subject to limitations under the
United States income tax laws.
(3) Every registration-required obligation of the Government shall be
in registered form. A book entry obligation is deemed to be in
registered form if the right to principal and stated interest on the
obligation may be transferred only through a book entry consistent with
regulations of the Secretary.
(4) The Secretary shall prescribe regulations necessary to carry out
this subsection when there is a nominee.
(h)(1) The Secretary shall prescribe by regulation standards for the
safeguarding and use of obligations issued under this chapter, and
obligations otherwise issued or guaranteed as to principal or interest
by the United States. Such regulations shall apply only to a depository
institution that is not a government securities broker or a government
securities dealer and that holds such obligations as fiduciary,
custodian, or otherwise for the account of a customer and not for its
own account. Such regulations shall provide for the adequate
segregation of obligations so held, including obligations which are
purchased or sold subject to resale or repurchase.
(2) Violation of a regulation prescribed under paragraph (1) shall
constitute adequate basis for the issuance of an order under section
5239(a) or (b) of the Revised Statutes (12 U.S.C. 93(a) or (b)), section
8(b) or 8(c) of the Federal Deposit Insurance Act, section 5( d)(2) or
5(d)(3) /1/ of the Home Owners' Loan Act of 1933, section 407( e) or
407(f) /1/ of the National Housing Act, or section 206(e) or 206( f) of
the Federal Credit Union Act. Such an order may be issued with respect
to a depository institution by its appropriate regulatory agency and
with respect to a federally insured credit union by the National Credit
Union Administration Board.
(3) Nothing in this subsection shall be construed to affect in any
way the powers of such agencies under any other provision of law.
(4) The Secretary shall, prior to adopting regulations under this
subsection, determine with respect to each appropriate regulatory agency
and the National Credit Union Administration Board, whether its rules
and standards adequately meet the purposes of regulations to be
promulgated under this subsection, and if the Secretary so determines,
shall exempt any depository institution subject to such rules or
standards from the regulations promulgated under this subsection.
(5) As used in this subsection --
(A) ''depository institution'' has the meaning stated in clauses (i)
through (vi) of section 19(b)(1)(A) of the Federal Reserve Act and also
includes a foreign bank, an agency or branch of a foreign bank, and a
commercial lending company owned or controlled by a foreign bank (as
such terms are defined in the International Banking Act of 1978).
(B) ''government securities broker'' has the meaning prescribed in
section 3(a)(43) of the Securities Exchange Act of 1934.
(C) ''government securities dealer'' has the meaning prescribed in
section 3(a)(44) of the Securities Exchange Act of 1934.
(D) ''appropriate regulatory agency'' has the meaning prescribed in
section 3(a)(34)(G) of the Securities Exchange Act of 1934.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 944; Pub. L. 97-452, 1(
9), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 99-571, title II, 201(a),
Oct. 28, 1986, 100 Stat. 3222.)
In subsection (a)(1), the word ''combination'' is omitted as surplus.
In subsection (a)(2), the word ''conditions'' is substituted for
''terms and conditions'' because it is inclusive.
In subsection (a)(3), the words ''offering'' and ''interest rate''
are added for clarity.
In subsection (b)(1), the word ''issued'' is substituted for
''authorized'' for clarity. The words ''the Commissioner of Internal
Revenue'' are omitted because of the source provisions restated in
section 321 of the revised title.
In subsection (b)(2), the words ''In the case of'' are omitted as
surplus. The words ''under law'' are substituted for ''under this Act
or under any other provision of law'' because they are inclusive. The
words ''the terms and conditions of issue'' are omitted as unnecessary.
The word ''permit'' is omitted as surplus.
In subsection (c), the word ''conditions'' is substituted for
''regulations and upon such terms'' to eliminate unnecessary words and
for consistency in the revised title and with other titles of the United
States Code. The word ''agency'' is substituted for ''agency or
instrumentality of the United States'' because of section 101 of the
revised title and for consistency.
In subsection (d), the word ''conditions'' is substituted for ''terms
and under such regulations'' to eliminate unnecessary words and for
consistency in the revised title and with other titles of the Code. The
words ''instead of'' are substituted for ''in lieu of'' for clarity.
In subsection (f), the words ''in carrying out'' are substituted for
''in connection with the program for'' to eliminate unnecessary words.
In subsection (g)(1), before clause (A), the words ''Except as
provided in paragraph (2)'' and ''(2) The term 'registration-required
obligation' shall not include any obligation if'' are omitted because of
the restatement. Clause (C) is added for clarity.
In subsection (g)(2)(B)(i), the words ''territories and'' are added
for consistency in the revised title and with other titles of the United
States Code.
In subsection (g)(3), the words ''(or of any agency or
instrumentality thereof)'' are omitted as included in ''Government''.
The words ''For purposes of subsection (a)'' are omitted as surplus.
The words ''is deemed to be'' are substituted for ''shall be treated
as'' for consistency in the revised title and with other titles of the
Code.
In subsection (g)(4), the words ''or chain of nominees'' are omitted
as included in ''nominee'' and because of 1:1.
Section 8(b) or (c) of the Federal Deposit Insurance Act, referred to
in subsec. (h)(2), is classified to section 1818(b), (c) of Title 12,
Banks and Banking.
Section 5(d)(2) or 5(d)(3) of the Home Owners' Loan Act of 1933,
referred to in subsec. (h)(2), is classified to section 1464(d)(2), (3)
of Title 12, but was amended generally by Pub. L. 101-73, title III,
301, Aug. 9, 1989, 103 Stat. 282, and no longer relates to issuance of
orders. See section 1464(d)(1) of Title 12.
Section 407 of the National Housing Act, referred to in subsec. (h)(
2), which was classified to section 1730 of Title 12, was repealed by
Pub. L. 101-73, title IV, 407, Aug. 9, 1989, 103 Stat. 363.
Section 206(e) or 206(f) of the Federal Credit Union Act, referred to
in subsec. (h)(2), is classified to section 1786(e), (f) of Title 12.
Clauses (i) through (vi) of section 19(b)(1)(A) of the Federal
Reserve Act, referred to in subsec. (h)(5)(A), are classified to cls.
(i) through (vi) of section 461(b)(1)(A) of Title 12.
The International Banking Act of 1978, referred to in subsec. (h)(
5)(A), is Pub. L. 95-369, Sept. 17, 1978, 92 Stat. 607, which enacted
sections 347d, 611a, and 3101 to 3111 of Title 12, amended sections 72,
378, 614, 615, 618, 619, 1813, 1815, 1817, 1818, 1820, 1821, 1822, 1823,
1828, 1829b, 1831b, and 1841 of Title 12, and enacted provisions set out
as notes under sections 36, 247, 601, 611a, and 3101 of Title 12. For
complete classification of this Act to the Code, see Short Title note
set out under section 3101 of Title 12 and Tables.
Section 3(a)(43), (44), (34)(G), of the Securities Exchange Act of
1934, referred to in subsec. (h)(5)(B) to (D), is classified to section
78c(a)(43), (44), (34)(G) of Title 15, Commerce and Trade.
1986 -- Subsec. (h). Pub. L. 99-571 added subsec. (h).
1983 -- Subsec. (g). Pub. L. 97-452 added subsec. (g).
Regulations
Amendment by Pub. L. 99-571 effective 270 days after Oct. 28, 1986,
except that the Secretary of the Treasury and each appropriate
regulatory agency shall publish for notice and public comment within 120
days after Oct. 28, 1986, initial implementing regulations to become
effective as temporary regulations 210 days after Oct. 28, 1986, and as
final regulations not later than 270 days after Oct. 28, 1986, see
title IV of Pub. L. 99-571, set out as an Effective Date note under
section 78o-5 of Title 15, Commerce and Trade.
Pub. L. 98-216, 4(a), (b), Feb. 14, 1984, 98 Stat. 6, 7, as amended
by Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
''(a)(1) Except as provided in paragraph (2) of this subsection, the
amendment made by section 1(9) of the Act of January 12, 1983 (Public
Law 97-452, 96 Stat. 2468) (amending this section), applies to an
obligation issued under section 3102(a) of title 31, United States Code,
after September 3, 1982.
''(2) The amendment made by section 1(9) of the Act of January 12,
1983 (Public Law 97-452, 96 Stat. 2468) (amending this section), applies
to an obligation issued after June 30, 1983, if --
''(A) interest on the obligation is exempt from tax (decided without
regard to the amendments made by section 310 of the Tax Equity and
Fiscal Responsibility Act of 1982 (Public Law 97-248, 96 Stat. 595)
(enacting section 4701 of Title 26, Internal Revenue Code, section
757c-5 of former Title 31, Money and Finance, amending sections 103,
103A, 163, 165, 312, and 1232 of Title 26, and enacting a provision set
out as a note under section 103 of Title 26)) under law (without regard
to the identity of the holder); and
''(B) the obligation was not required to be in registered form under
the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (26 U.S.C. 1 et
seq.) as in effect on September 2, 1982.
''(b) The amendment made by section 1(9) of the Act of January 12,
1983 (Public Law 97-452, 96 Stat. 2468) (amending this section), applies
to an obligation issued under section 3103(a) of title 31, United States
Code, after December 31, 1982.''
For transitional and savings provisions of Pub. L. 99-571, see
section 301 of Pub. L. 99-571, set out as a note under section 78o-5 of
Title 15, Commerce and Trade.
/1/ See References in Text note below.
31 USC 3122. Banks and trust companies as depositaries
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury may designate incorporated banks
and trust companies as depositaries for any part of proceeds of an
obligation issued under this chapter. The Secretary may prescribe the
conditions under which deposits may be made under this section,
including the interest rate on amounts deposited and security
requirements.
(b) The Secretary may designate a bank or trust company that is a
depositary under subsection (a) of this section as a fiscal agent of the
United States Government in selling and delivering bonds and
certificates of indebtedness issued by the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 945.)
In the section, the words ''war-savings certificates'' are omitted
because the authority to issue them was ended by section 2(b)(3) of the
Public Debt Act of 1941 (ch. 7, 55 Stat. 7).
In subsection (a), the words ''in his discretion'' are omitted as
surplus. The word ''obligation'' is substituted for ''bonds and
certificates of indebtedness, Treasury bills'' for consistency and to
eliminate unnecessary words. The words ''and arising from the payment
of internal revenue taxes'' are omitted as superseded by 26:6302(c).
The word ''conditions'' is substituted for ''terms and conditions''
because it is inclusive. The words ''upon and'' are omitted as surplus.
In subsection (b), the words ''The Secretary may designate a bank or
trust company that is a depositary under subsection (a) of this
section'' are substituted for ''Any incorporated bank or trust company
designated as a depositary by the Secretary of the Treasury under the
authority conferred by section 771 of this title, which gives security
for such deposits as, and to amounts, by him prescribed, may, upon and
subject to such terms and conditions as the Secretary of the Treasury
may prescribe, act'' to eliminate unnecessary words.
31 USC 3123. Payment of obligations and interest on the public debt
TITLE 31 -- MONEY AND FINANCE
(a) The faith of the United States Government is pledged to pay, in
legal tender, principal and interest on the obligations of the
Government issued under this chapter.
(b) The Secretary of the Treasury shall pay interest due or accrued
on the public debt. As the Secretary considers expedient, the Secretary
may pay in advance interest on the public debt by a period of not more
than one year, with or without a rebate of interest on the coupons.
(c)(1) The Secretary may issue a bond, note, or certificate of
indebtedness authorized under this chapter whose principal and interest
are payable in a foreign currency stated in the bond, note, or
certificate. The Secretary may dispose of the bonds, notes, and
certificates at a price that is at least par value without complying
with section 3102(b)-(d) of this title.
(2) In determining the dollar amount of bonds, notes, and
certificates of indebtedness that may be issued under this chapter, the
dollar equivalent of the amount of bonds, notes, and certificates
payable in a foreign currency is determined by the par of the exchange
value on the date of issue of the bonds, notes, or certificates as
published by the Secretary under section 5151 of this title.
(3) The Secretary may designate depositaries in foreign countries in
which any part of the proceeds of bonds, notes, or certificates of
indebtedness payable in the foreign currency may be deposited.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 945.)
In subsection (a), the words ''legal tender'' are substituted for
''in coin or its equivalent'' in 31:731 and ''gold coin of the present
standard of value'' in section 1 of the Act of Feb. 1, 1910, and
section 18(d)(2d sentence) of the Second Liberty Bond Act because of
section 1 of the Act of June 5, 1933 (ch. 48, 48 Stat. 113). The words
''obligations of the Government'' are substituted for 31:731(1st
sentence 18th-last words), ''thereof'' in 31:753(d), and 31:768(1st 17
words) for clarity and consistency and to eliminate unnecessary words.
The text of 31:731(last sentence) is omitted as executed.
In subsection (b), the words ''cause to be'', ''out of any money in
the Treasury not otherwise appropriated'', ''falling'', ''any portion
of'', and ''authorized by law'' in 31:732 are omitted as surplus. The
text of 31:733(words between semicolon and colon) is omitted as
unnecessary because of chapter 53 of the revised title. The text of 31:
733(words after colon) is omitted as superseded by the Bretton Woods
Agreement Act (22 U.S.C. 286 et seq.) and sections 6 and 9 of the Act of
Oct. 19, 1976 (Pub. L. 94-564, 90 Stat. 2661), repealing 31:449 that
provided for parity of the dollar on terms of gold and special drawing
rights.
In subsection (c), the word ''currency'' is substituted for ''money
or . . . moneys'' for clarity and because of 1:1.
In subsection (c)(1), the words ''but not also in United States gold
coin'' and ''in such manner'' are omitted as surplus.
In subsection (c)(2), the words ''dollar'' before ''amount'', and
''value'', are added for clarity. The words ''estimated by the Director
of the Mint, and'' are omitted because of the source provisions restated
in section 321(c) of the revised title. The word ''published'' is
substituted for ''proclaimed'' for clarity.
In subsection (c)(3), the words ''as he may determine'' are omitted
as surplus.
31 USC 3124. Exemption from taxation
TITLE 31 -- MONEY AND FINANCE
(a) Stocks and obligations of the United States Government are exempt
from taxation by a State or political subdivision of a State. The
exemption applies to each form of taxation that would require the
obligation, the interest on the obligation, or both, to be considered in
computing a tax, except --
(1) a nondiscriminatory franchise tax or another nonproperty tax
instead of a franchise tax, imposed on a corporation; and
(2) an estate or inheritance tax.
(b) The tax status of interest on obligations and dividends,
earnings, or other income from evidences of ownership issued by the
Government or an agency and the tax treatment of gain and loss from the
disposition of those obligations and evidences of ownership is decided
under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). An
obligation that the Federal Housing Administration had agreed, under a
contract made before March 1, 1941, to issue at a future date, has the
tax exemption privileges provided by the authorizing law at the time of
the contract. This subsection does not apply to obligations and
evidences of ownership issued by the District of Columbia, a territory
or possession of the United States, or a department, agency,
instrumentality, or political subdivision of the District, territory, or
possession.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 945; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
In subsection (a), before clause (1), the words ''Except as otherwise
provided by law, all . . . bonds, Treasury notes, and other'' are
omitted as surplus. The words ''political subdivision of a State'' are
substituted for ''municipal or local authority'' for clarity and
consistency. The word ''applies'' is substituted for ''extends'' for
clarity. The words ''directly or indirectly'' are omitted as surplus.
In clause (1), the word ''instead'' is substituted for ''in lieu'' for
clarity.
In subsection (b), the words ''shares, certificates, stock, or
other'' and ''sale or other'' are omitted as surplus. The words ''The
tax status of . . . and the tax treatment of . . . is decided under the
Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)'' are substituted
for ''shall not have any exemption, as such . . . shall not have any
special treatment, as such, except as provided under the Internal
Revenue Code of 1954'' for clarity. The words ''on or after March 28,
1942'' and 31:742a(a)(1st sentence words after semicolon related to the
United States Maritime Commission) are omitted as executed. The last
sentence is substituted for 31:742a(a)(last sentence) for clarity. The
words ''any political subdivision thereof'' are omitted as included in
''agency or instrumentality''. The text of 31:742a(b) and (c) is omitted
as unnecessary.
1986 -- Subsec. (b). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
31 USC 3125. Relief for lost, stolen, destroyed, mutilated, or defaced
obligations
TITLE 31 -- MONEY AND FINANCE
(a) In this section, ''obligation'' means a direct obligation of the
United States Government issued under law for valuable consideration,
including bonds, notes, certificates of indebtedness, Treasury bills,
and interim certificates issued for an obligation.
(b) The Secretary of the Treasury may provide relief for the loss,
theft, destruction, mutilation, or defacement of an obligation
identified by number and description.
(c)(1) An indemnity bond is required as a condition of relief if the
obligation is payable to bearer or assigned so as to become payable to
bearer and is not proven clearly to have been destroyed. The Secretary
may prescribe for the indemnity bond the form, amount, and surety or
security requirements.
(2) Relief for interest coupons claimed to have been attached to an
obligation may be provided only if the Secretary is satisfied that the
coupons have not been paid and are destroyed or will not become the
basis of a valid claim against the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 946.)
In the section, the word ''obligation'' is substituted for
''security'' in the defined term for consistency in the chapter and the
revised title and to eliminate using the word ''security'' in 2
different ways in the same section.
In subsection (b), the words ''Under such regulations as he may deem
necessary for the administration of this section'' are omitted as
unnecessary because of section 321(b) of the revised title.
In subsection (c)(1), the words ''whether before, at, or after
maturity'' and ''in effect'' are omitted as surplus.
31 USC 3126. Losses and relief from liability related to redeeming
savings bonds and notes
TITLE 31 -- MONEY AND FINANCE
(a) Under regulations prescribed by the Secretary of the Treasury, a
loss resulting from a payment related to redeeming a savings bond or
savings note shall be replaced out of the fund established by section 2
of the Government Losses in Shipment Act (40 U.S.C. 722). A Federal
reserve bank, a paying agent allowed to make payments in redeeming a
bond or note, or an officer or employee of the Department of the
Treasury is relieved from liability to the United States Government for
the loss when the Secretary decides that the loss did not result from
the fault or negligence of the bank, paying agent, officer, or employee.
The Secretary shall relieve the bank, agent, officer, or employee from
liability when the Secretary decides that written notice of liability or
potential liability has not been given to the bank, agent, officer, or
employee by the Government within 10 years from the date of the
erroneous payment. However, the Secretary may not relieve a paying
agent of an assumed unconditional liability to the Government.
(b) Section 3 of the Government Losses in Shipment Act (40 U.S.C.
723) (related to finality of decisions of the Secretary) applies to a
decision of the Secretary made under this section. A recovery or
repayment of a loss for which replacement is made out of the fund shall
be credited to the fund and is available for the purposes for which the
fund was established.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 946.)
In subsection (a), the words ''qualified'' and ''authorized or'' are
omitted as surplus. The words ''officer or employee of the Department
of the Treasury'' are substituted for ''Treasury of the United States''
and ''Treasurer'' because of the source provisions restated in section
321 of the revised title and for consistency with other titles of the
United States Code. The text of 31:757c(i)(3d sentence) is omitted as
surplus because of 39:410. The words ''under regulations prescribed by
him'' are omitted as unnecessary.
31 USC 3127. Credit to officers, employees, and agents for stolen
Treasury notes
TITLE 31 -- MONEY AND FINANCE
When an officer, employee, or agent of the United States Government
authorized to receive, redeem, or cancel Treasury notes receives or pays
a note that was stolen and put in circulation after it had been received
or redeemed by an officer, employee, or agent authorized to receive or
redeem the note, the Secretary of the Treasury may allow the officer,
employee, or agent receiving or paying the stolen note a credit for the
amount of the note. The Secretary may allow the credit only if the
Secretary is satisfied that the note was received or paid in good faith
and in exercising ordinary prudence.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 947.)
The word ''employee'' is added for consistency with other titles of
the United States Code. The words ''of the United States Government''
are added for clarity and consistency. The word ''duly'' is omitted as
surplus. The words ''issued by authority of law'' are omitted as
unnecessary. The words ''which has subsequently thereto'' are omitted
as unnecessary. The words ''is satisfied'' are substituted for ''upon
full and satisfactory proof'' to eliminate unnecessary words.
31 USC 3128. Proof of death to support payment
TITLE 31 -- MONEY AND FINANCE
A finding of death made by an officer or employee of the United
States Government authorized by law to make the finding is sufficient
proof of death to allow credit in the accounts of a Federal reserve bank
or accountable official of the Department of the Treasury in a case
involving the transfer, exchange, reissue, redemption, or payment of
obligations of the Government, including obligations guaranteed by the
Government for which the Secretary of the Treasury acts as transfer
agent.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 947.)
The words ''officer or employee'' are substituted for ''official or
agency'' for clarity and consistency with other titles of the United
States Code. The word ''Government'' is added for consistency. The
words ''section 1005 of Appendix to title 50'' are omitted because the
section was repealed by section 8(a) of the Act of Sept. 6, 1966 (Pub.
L. 89-554, 80 Stat. 651). The words ''or by any other'' are omitted as
surplus. The words ''or by the Secretary of the Army or the Secretary
of the Navy'' are omitted because of 10:ch. 75. The word ''official'' is
substituted for ''officer'' for consistency. The words ''bonds and
other'' are omitted as surplus. The words ''Secretary of the Treasury''
are substituted for ''Treasury Department'' for accuracy and
consistency.
31 USC 3129. Appropriation to pay expenses
TITLE 31 -- MONEY AND FINANCE
(a) Amounts to pay necessary expenses (including rent) for an issue
of obligations authorized under this chapter are appropriated to the
Secretary of the Treasury. However, the amount appropriated under this
section may not be more than --
(1) .2 percent of the amount of bonds and notes authorized under this
chapter;
(2) .1 percent of the amount of certificates of indebtedness
authorized under section 3104 of this title; and
(3) .1 percent of the amount of certificates of indebtedness
authorized under the First Liberty Bond Act.
(b) An appropriation under this section is available for obligation
only through the end of the fiscal year after the fiscal year in which
the issue was made. During a period for which an appropriation for a
specified amount is made for expenses for which this section makes an
appropriation for an unspecified amount, only the appropriation for the
specified amount is available for obligation.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 947.)
In subsection (a), before clause (1), the words ''an issue of
obligations authorized under this chapter'' are substituted for 31:761(
less proviso) to reflect consolidation of the authority for issues of
obligations in the revised chapter and for consistency. The text of
31:757c(e) is omitted as unnecessary and superseded by 39:410. The words
''out of any money in the Treasury not otherwise appropriated'' in
31:760 are omitted as unnecessary and for consistency. The words ''to
be expended as the Secretary of the Treasury may direct'' in 31: 760
are omitted as surplus. In clause (1), the .2 percent limitation on
expenses of bonds referred to in 31:760 is made applicable to a ''note''
because of the definition of bond in 31:753(d)(last sentence). The
words ''sections 735 to 738, . . . 765, . . . 773 of this title and
section 84 of title 12'' in 31:753(d)(last sentence) are omitted because
they refer to sections previously repealed (31:735-738, 765) or obsolete
(31:773, which was superseded by 39:410) and because 12:84 was amended
to express the result required by the source provisions by section 10 of
the Act of February 25, 1927 (ch. 191, 44 Stat. 1229).
In subsection (b), the words ''appropriation for the specified
amount'' are substituted for ''definite appropriation'', and the words
''appropriation for an unspecified amount'' are substituted for
''indefinite appropriation'', as being more precise. The word ''only''
is substituted for ''and the indefinite appropriation shall not be
available for obligation'' to eliminate unnecessary words.
The First Liberty Bond Act, referred to in subsec. (a)(3), is act
Apr. 24, 1917, ch. 4, 40 Stat. 35, which enacted sections 746, 755,
755a, 759, 764, 774, and 804 of former Title 31 and section 462a of
Title 12, Banks and Banking, and amended sections 745 and 768 of former
Title 31, and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96
Stat. 1072.
31 USC CHAPTER 33 -- DEPOSITING, KEEPING, AND PAYING MONEY
TITLE 31 -- MONEY AND FINANCE
Sec.
3301. General duties of the Secretary of the Treasury.
3302. Custodians of money.
3303. Designation of depositaries.
3304. Transfers of public money from depositaries.
3305. Audits of depositaries.
3321. Disbursing authority in the executive branch.
3322. Disbursing officials.
3323. Warrants.
3324. Advances.
3325. Vouchers.
3326. Waiver of requirements for warrants and advances.
3327. General authority to issue checks and other drafts.
3328. Paying checks and drafts.
3329. Withholding checks to be sent to foreign countries.
3330. Payment of Department of Veterans Affairs checks for the
benefit of individuals in foreign countries.
3331. Substitute checks.
3332. Checks payable to financial organizations designated by
Government officers and employees.
3333. Relief for payments made without negligence.
3334. /1/ Cancellation and proceeds distribution of Treasury checks.
3335. Timely disbursement of Federal funds.
3341. Sale of Government warrants, checks, drafts, and obligations.
3342. Check cashing and exchange transactions.
3343. Check forgery insurance fund.
1991 -- Pub. L. 102-54, 13(l)(4)(B), June 13, 1991, 105 Stat. 277,
substituted ''Department of Veterans Affairs'' for ''Veterans'
Administration'' in item 3330.
1990 -- Pub. L. 101-453, 4(b), Oct. 24, 1990, 104 Stat. 1059,
added item 3335.
/1/ Editorially supplied. Section 3334 added by Pub. L. 100-86
without corresponding amendment of chapter analysis.
31 USC SUBCHAPTER I -- DEPOSITS AND DEPOSITARIES
TITLE 31 -- MONEY AND FINANCE
31 USC 3301. General duties of the Secretary of the Treasury
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall --
(1) receive and keep public money;
(2) take receipts for money paid out by the Secretary;
(3) give receipts for money deposited in the Treasury;
(4) endorse warrants for receipts for money deposited in the
Treasury;
(5) submit the accounts of the Secretary to the Comptroller General
every 3 months, or more often if required by the Comptroller General;
and
(6) submit to inspection at any time by the Comptroller General of
money in the possession of the Secretary.
(b) Except as provided in section 3326 of this title, an
acknowledgment for money deposited in the Treasury is not valid if the
Secretary does not endorse a warrant as required by subsection (a)(4) of
this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 948.)
In subsection (a), the words ''public money'' are substituted for
''the moneys of the United States'' to eliminate unnecessary words and
for consistency. The words ''Secretary of the Treasury'' are
substituted for ''Treasurer'' because of the source provisions restated
in section 321(c) of the revised title. In clauses (3) and (4), the
words ''deposited in the Treasury'' are substituted for ''received by
him'' for clarity and consistency in the revised title. In clause (4),
the words ''signed by the Secretary of the Treasury'' are omitted as
surplus. In clauses (5) and (6), the words ''Comptroller General'' are
substituted for ''General Accounting Office'' for consistency. In
clause (5), the word ''submit'' is substituted for ''render'' for
consistency. The words ''and shall transmit a copy thereof, when
settled, to the Secretary of the Treasury'' are omitted because of the
restatement. In clause (6), the words ''Secretary of the Treasury . .
. or either of them'' are omitted because of the restatement. The word
''public'' is added for consistency.
In subsection (b), the words ''Except as provided in section 3326 of
this title'' are added for clarity. The words ''endorse . . . as
required by subsection (a)(4) of this section'' are substituted for ''so
signed'' for clarity and consistency.
31 USC 3302. Custodians of money
TITLE 31 -- MONEY AND FINANCE
(a) Except as provided by another law, an official or agent of the
United States Government having custody or possession of public money
shall keep the money safe without --
(1) lending the money;
(2) using the money;
(3) depositing the money in a bank; and
(4) exchanging the money for other amounts.
(b) Except as provided in section 3718(b) /1/ of this title, an
official or agent of the Government receiving money for the Government
from any source shall deposit the money in the Treasury as soon as
practicable without deduction for any charge or claim.
(c)(1) A person having custody or possession of public money,
including a disbursing official having public money not for current
expenditure, shall deposit the money without delay in the Treasury or
with a depositary designated by the Secretary of the Treasury under law.
The Secretary or a depositary receiving a deposit shall issue duplicate
receipts for the money deposited. The original receipt is for the
Secretary and the duplicate is for the custodian. Except as provided in
paragraph (2), money required to be deposited pursuant to this
subsection shall be deposited not later than the third day after the
custodian receives the money, /2/
(2) The Secretary of the Treasury may by regulation prescribe that a
person having custody or possession of money required by this subsection
to be deposited shall deposit such money during a period of time that is
greater or lesser than the period of time specified by the second
sentence of paragraph (1).
(d) An official or agent not complying with subsection (b) of this
section may be removed from office. The official or agent may be
required to forfeit to the Government any part of the money held by the
official or agent and to which the official or agent may be entitled.
(e) An official or agent of the Government having custody or
possession of public money shall keep an accurate entry of each amount
of public money received, transferred, and paid.
(f) When authorized by the Secretary, an official or agent of the
Government having custody or possession of public money, or performing
other fiscal agent services, may be allowed necessary expenses to
collect, keep, transfer, and pay out public money and to perform those
services. However, money appropriated for those expenses may not be
used to employ or pay officers and employees of the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 948; Pub. L. 97-452, 1(
10), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 98-369, div. B, title VI,
2652(b)(1), July 18, 1984, 98 Stat. 1152.)
In subsection (a), before clause (1), the words ''Except as provided
by another law'' are substituted for ''than as specially allowed by
law'' in 31:521 for clarity and consistency. The words ''an official or
agent of the United States Government having custody or possession of
public money'' are substituted for ''The Treasurer of the United States,
all assistant treasurers (subsequently changed to 'all depositaries
designated in accordance with section 476 of this title' because of
31:476), and those performing the duties of assistant treasurer, all
collectors of the customs, all surveyors of the customs, acting also as
collectors, all receivers of public moneys at the several land offices,
all postmasters, and all public officers of whatsoever character . . .
all the public money collected by them, or otherwise at any time placed
in their possession and custody'' to eliminate unnecessary words and for
consistency in the revised title. The words ''till the same is ordered,
by the proper department or officer of the Government, to be transferred
or paid out'' are omitted as superseded by source provisions restated in
the chapter. The text of 31:521(words after semicolon) is omitted as
unnecessary because of the restatement.
In subsection (b), the words ''any abatement or'' are omitted as
surplus. The words ''for any charge or claim'' are substituted for ''on
account of salary, fees, costs, charges, expenses, or claim of any
description whatever'', and the words ''shall deposit the money in the
Treasury'' are substituted for ''The gross amount of all moneys received
from whatever source for the use of the United States, . . . shall be
paid . . . into the Treasury'', to eliminate unnecessary words. The
words ''except as otherwise provided in section 487 of this title'' are
omitted because 31:487 is obsolete. The text of 31:484( last sentence)
is omitted as superseded by title 39.
In subsection (c), the word ''Secretary'' is substituted for
''Treasurer'' because of the source provisions restated in section 321(
c) of the revised title. The balance of subsection (c) is substituted
for 31:495(words before proviso) for clarity and consistency. The text
of 31:495(proviso) is omitted as superseded by title 39.
Subsection (d) is substituted for 31:490 for clarity and consistency.
In subsection (e), the words ''official or agent having custody or
possession of public money'' are substituted for ''persons charged by
law with the safekeeping, transfer, and disbursements of the public
moneys'' for consistency and to eliminate unnecessary words. The words
''other than those connected with the United States Postal Service'' are
omitted as superseded by title 39.
In subsection (f), the word ''expressly'' is omitted as surplus. The
words ''official or agent having custody or possession'' are substituted
for 31:545(words before 21st comma) for consistency and to eliminate
unnecessary words. The words ''additional . . . fireproof of chests or
vaults or other necessary expenses of'' are omitted as surplus. The
words ''employ or pay officers and employees of the Government'' are
substituted for ''clerical services or payment of employees of any
nature or grade'' for consistency in the revised title and with other
titles of the United States Code.
The reference to ''952(g)(2)'' in 31 App.:484 is incorrect and should
be ''952(f)(2)''.
Section 3618 (1st sentence related to non-military deposits) of the
Revised Statutes inadvertently was omitted as a source credit for 31:
3302. Table 2A of H. Rep. 97-651 (p. 298) states that the sentence was
omitted as superseded by various sections of title 10. Title 10
supersedes the sentence only as it applies to military deposits.
However, the language of section 3618 (1st sentence related to
non-military deposits) is subsumed in the broader language of section
3617 of the Revised Statutes, the source credit for 31:3302(b).
Therefore, while section 3618 (1st sentence related to non-military
deposits) should be a source credit for 31:3302(b), it is not necessary
that the language of the sentence be restated.
Section 3718(b) of this title, referred to in subsec. (b), was
temporarily redesignated section 3718(d) of this title by Pub. L.
99-578, 1(1), Oct. 28, 1986, 100 Stat. 3305.
1984 -- Subsec. (c). Pub. L. 98-369 designated existing provisions
as par. (1), struck out '', but not later than the 30th day after the
custodian receives the money,'' after ''without delay'' and inserted
''Except as provided in paragraph (2), money required to be deposited
pursuant to this subsection shall be deposited not later than the third
day after the custodian receives the money,'', and added par. (2).
1983 -- Subsec. (b). Pub. L. 97-452 inserted exception relating to
section 3718(b) of this title.
Section 2652(b)(2) of Pub. L. 98-369 provided that: ''The
amendments made by this subsection (amending this section) shall become
effective January 1, 1985.''
1330; title 10 sections 114, 423, 7605; title 12
section 4241; title 15 section 2514; title 18
section 1963; title 19 section 2081; title 22
sections 1475e, 4226; title 26 section 7608; title
28 section 1921; title 38 section 3720; title 42
sections 2169, 5812, 7651o; title 43 section 1338a.
/1/ See References in Text note below.
/2/ So in original. The comma probably should be a period.
31 USC 3303. Designation of depositaries
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury designates depositaries of money as
provided in this section and under other law.
(b) When necessary to carry out the business of the United States
Government and under conditions the Secretary decides are necessary, the
Secretary may designate depositaries in foreign countries and in
territories and possessions of the United States to receive deposits of
public money. The Secretary shall give preference to United States
financial institutions the Secretary decides are safe and able to give
the service required.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.)
Subsection (a) is added to inform the reader that there are numerous
other laws providing for the designation of depositaries. These other
laws are scattered throughout the titles of the United States Code.
In subsection (b), the words ''carry out'' are substituted for
''transaction'' for consistency. The words ''terms and . . . as to
security and otherwise'' and ''of public moneys'' are omitted as
surplus. The words ''territories and possessions of the United States''
are substituted for ''Territories and insular possessions of the United
States'' for consistency. The words ''to receive deposits of public
money'' are added for clarity.
31 USC 3304. Transfers of public money from depositaries
TITLE 31 -- MONEY AND FINANCE
The Secretary of the Treasury may transfer public money in the
possession of a depositary --
(1) to the Treasury; and
(2) if the Secretary believes the safety of the public money and
convenience require it, to another depositary.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.)
In the section, before clause (1), the words ''except as provided in
section 523 of this title'' are omitted as superseded by title 39. The
words ''of the United States, to the credit of the Treasurer'' are
omitted as unnecessary. In clause (2), the words ''if the Secretary
believes the safety of the public money and convenience require it'' are
substituted for ''as the safety of the public moneys and the convenience
of the public service shall seem to him to require'' for clarity and to
eliminate unnecessary words.
31 USC 3305. Audits of depositaries
TITLE 31 -- MONEY AND FINANCE
The Secretary of the Treasury, or an officer, employee, or agent
designated by the Secretary, may audit a depositary of public money.
For uniformity and accuracy in accounts and safety of public money, an
individual conducting an audit shall audit a depositary's --
(1) books;
(2) accounts;
(3) returns; and
(4) public money on hand and the way the money is kept.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.)
In the section, before clause (1), the words ''or an officer,
employee, or agent designated by the Secretary'' are substituted for
''and for that purpose to appoint special agents, as occasion may
require'' for clarity and consistency. The words ''may audit a
depositary of public money'' are substituted for ''is authorized to
cause examinations to be made of the books, accounts and money on hand,
of the several depositaries'' to eliminate unnecessary words and for
consistency. The words ''with such compensation, not exceeding $6 per
day and traveling expenses, as he may think reasonable, to be fixed and
declared at the time of each appointment'' are omitted as superseded by
5:3109 and ch. 57. The words ''be instructed to'' and ''as well'' are
omitted as surplus.
31 USC SUBCHAPTER II -- PAYMENTS
TITLE 31 -- MONEY AND FINANCE
31 USC 3321. Disbursing authority in the executive branch
TITLE 31 -- MONEY AND FINANCE
(a) Except as provided in this section or another law, only officers
and employees of the Department of the Treasury designated by the
Secretary of the Treasury as disbursing officials may disburse public
money available for expenditure by an executive agency.
(b) For economy and efficiency, the Secretary may delegate the
authority to disburse public money to officers and employees of other
executive agencies.
(c) The head of each of the following executive agencies shall
designate personnel of the agency as disbursing officials to disburse
public money available for expenditure by the agency:
(1) United States Marshal's Office.
(2) military departments of the Department of Defense (except for
disbursements for departmental pay and expenses in the District of
Columbia).
(d) On request of the Secretary and with the approval of the head of
an executive agency referred to in subsection (c) of this section,
facilities of the agency may be used to assist in disbursing public
money available for expenditure by another executive agency.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.)
The section uses the defined term ''executive agency'' in section 102
of the revised title because the source provisions of this section are
from a reorganization plan and executive orders that apply only to
departments, agencies, and instrumentalities of the executive branch of
the United States Government.
In subsections (a) and (b), the words ''Secretary of the Treasury''
and ''Secretary'' are substituted for references to the Division of
Disbursement and a Chief Disbursing Officer because of the source
provisions restated in section 321(c) of the revised title. The words
''public money'' are substituted for ''moneys of the United States'' for
consistency with the other source provisions restated in the section and
for consistency in the chapter.
Subsection (a) is substituted for section 4(1st paragraph) of
Executive Order No. 6166 to omit executed words.
In subsection (b), the words ''may require'' and ''as the interests
of'' are omitted as unnecessary. The words ''to establish local
offices'' are omitted because of the authority of the Secretary of the
Treasury as the head of the Department of the Treasury and the authority
of the Secretary under section 321 of the revised title. The text of
section 4(last paragraph) is omitted as superseded by section 3325 of
the revised title.
In subsection (c), the text of 31:492-1(1st sentence) is applied only
to the listed agencies because of subsection (a) and Executive Order
6728. The text of 31:492-1(last sentence) is omitted as superseded by
section 2 of Reorganization Plan No. 18 of 1950 (eff. July 1, 1950, 64
Stat. 1270) and by 40:490. In clause (1), the words after ''disbursement
by United States marshals'' and before the last proviso in section 3 of
Reorganization Plan No. 4 of 1940 (eff. June 30, 1940, 54 Stat. 1234)
are omitted as unnecessary because of 28:571 and sections 3512(a)-(c)
and 3513(a) of the revised title. In clause (2), the word ''pay'' is
substituted for ''salaries'' in Executive Order No. 6728 for
consistency in the revised title and with other titles of the United
States Code. The words ''including the Marine Corps'' are omitted as
being included in ''military departments''. The words ''Panama Canal''
are omitted because of the Panama Canal Treaty of 1977. The first
proviso is omitted as unnecessary because of sections 3512 and 3513 of
the revised title. Section 4 of Reorganization Plan No. 4 of 1940 is
omitted because (1) the Post Office Department was abolished by the 1970
restatement of title 39, with all authority of the former Postmaster
General being placed in the new United States Postal Service, (2) under
39:410 and 3604, the Postal Service and the Postal Rate Commission were
exempt from all provisions of law related to budget and funds, and (3)
the Postal Savings System and its Board of Trustees were abolished under
section 5 of the Act of March 28, 1942 (ch. 205, 56 Stat. 189).
31 USC 3322. Disbursing officials
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall transfer public money to a
disbursing official only by draft or warrant written on the Treasury.
Except as provided in subsection (b) of this section, a disbursing
official shall --
(1) deposit public money as required by section 3302 of this title;
and
(2) draw public money from the Treasury or a depositary only --
(A) as necessary to make payments; and
(B) payable to persons to whom payment is to be made.
(b) In a place without a depositary, the Secretary, on deciding it is
essential to the public interest, may authorize specially in writing
that public money be --
(1) deposited in any other public depositary; or
(2) kept in another manner under regulations the Secretary decides
are the safest and most effective in making a payment to a public
creditor easier.
(c) A disbursing official is not liable for an overpayment provided
under a United States Government bill of lading or transportation
request when the overpayment is caused by the --
(1) use of improper transportation rates or classifications; or
(2) failure to deduct the proper amount under --
(A) a land grant law; or
(B) an equalization or other agreement.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950; Pub. L. 98-216, 1(
3), Feb. 14, 1984, 98 Stat. 3.)
In the section, the words ''disbursing official'' are substituted for
''disbursing officer'' for consistency in the revised title.
In subsection (a), before clause (1), the words ''Secretary of the
Treasury'' are substituted for ''Treasurer of the United States''
because of the source provisions restated in section 321(c) of the
revised title. The words ''or an assistant treasurer of the United
States'' in section 3620(a) of the Revised Statutes are omitted as
obsolete because of the 1st-4th pars. under the heading ''Independent
Treasury'' in the Act of May 29, 1920 (ch. 214, 41 Stat. 654). In clause
(1), the words ''as required by section 3302 of this title'' are
substituted for ''with the Treasurer or some one of the assistant
treasurers of the United States (subsequently changed to 'or with one of
the depositaries of the United States mentioned in section 476 of this
title')'' because of 31:476. In clause (2), the words ''in pursuance of
law'' are omitted as surplus. The text of 31:492(a)(last sentence) is
omitted because of section 3323(a) of the revised title.
In subsection (b), before clause (1), the words ''On and after June
1, 1942'' are omitted as executed. The words ''of the United States''
are omitted as unnecessary. The words ''for transportation'' are
omitted as surplus.
This is necessary because section 3620(a) (last sentence) of the
Revised Statutes inadvertently was omitted from the codification of
title 31 by section 1 of the Act of September 13, 1982 (Pub. L. 97-258,
96 Stat. 877).
In subsection (a), before clause (1), the words ''Except as provided
in subsection (b) of this section'' are added because of the
restatement.
In subsection (b), before clause (1), the word ''however'' is omitted
as surplus. The words ''treasurer or'' are omitted as obsolete because
of the 1st-4th pars. under the heading ''Independent Treasury'' in the
Act of May 29, 1920 (ch. 214, 41 Stat. 654). In clause (2), the words
''rules and'' are omitted as surplus.
1984 -- Subsec. (a). Pub. L. 98-216 amended subsec. (a) generally,
substituting ''Except as provided in subsection (b) of this section, a''
for ''A'' in second sentence.
Subsecs. (b), (c). Pub. L. 98-216 added subsec. (b) and
redesignated former subsec. (b) as (c).
Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section
4(c) of Pub. L. 98-216, set out as a note under section 490 of Title
18, Crimes and Criminal Procedure.
31 USC 3323. Warrants
TITLE 31 -- MONEY AND FINANCE
(a) Except as provided in section 3326 of this title, the Secretary
of the Treasury may pay out money only against a warrant. A warrant
shall be --
(1) authorized by law;
(2) signed by the Secretary; and
(3) countersigned by the Comptroller General.
(b)(1) A disbursing official shall send to the Secretary with a
warrant a certificate under section 3526 of this title, or a requisition
for an advance. The certificate or requisition shall state the
appropriation to which the payment is to be charged.
(2) The Secretary shall return the certificate or requisition to the
Comptroller General with the date and amount endorsed on the certificate
or requisition.
(c) A requisition for the payment of money on an audited account or
for depositing money in the Treasury is not required.
(d) The Secretary and the Comptroller General shall charge to the
appropriate appropriation in their books any money paid by a warrant.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950.)
In the section, the words ''Comptroller General'' are substituted for
''General Accounting Office'' for consistency.
Subsection (a) is substituted for 31:76(2d sentence words before 3d
comma) and 147(related to disbursement) to eliminate unnecessary words
and for clarity and consistency.
In subsection (b), the word ''Secretary'' is substituted for
''Treasurer'' because of the source provisions restated in section 321
of the revised title.
In subsection (b)(1), the words ''instead of being specified on the
warrant'' are omitted as surplus. The reference to ''section 3526 of
this title'' is used because section 72, referred to in 31:76, has been
omitted from the restatement superseded by 31:82i and 31:82i is restated
in section 3526.
In subsection (c), the word ''depositing'' is substituted for
''covering'' for clarity and consistency.
31 USC 3324. Advances
TITLE 31 -- MONEY AND FINANCE
(a) Except as provided in this section, a payment under a contract to
provide a service or deliver an article for the United States Government
may not be more than the value of the service already provided or the
article already delivered.
(b) An advance of public money may be made only if it is authorized
by --
(1) a specific appropriation or other law; or
(2) the President to be made to --
(A) a disbursing official if the President decides the advance is
necessary to carry out --
(i) the duties of the official promptly and faithfully; and
(ii) an obligation of the Government; or
(B) an individual serving in the armed forces at a distant station if
the President decides the advance is necessary to disburse regularly pay
and allowances.
(c) Before the Secretary of the Treasury acts on a requisition for an
advance, the Comptroller General shall act on the requisition under
section 3522 of this title. The Comptroller General does not
countersign a requisition for an advance.
(d) The head of an agency may pay in advance from appropriations
available for the purpose --
(1) to the Secretary of the Army, charges for messages sent by the
Secretary of the Army for the head of the agency, including charges for
--
(A) payment of tolls of commercial carriers;
(B) leasing facilities for sending messages; and
(C) installing and maintaining facilities for sending messages; and
(2) charges for a publication printed or recorded in any way for the
auditory or visual use of the agency.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950.)
In subsection (a), the words ''Except as provided in this section''
are added for clarity. The words ''already provided'' and ''already
delivered'' are substituted for ''rendered . . . delivered previously to
such payment'' for clarity and consistency.
In subsection (b), before clause (1), the words ''in any case'' and
''It shall, however, be lawful under the special direction of'' are
omitted as surplus. In clause (2)(A)(i), the word ''official'' is
substituted for ''officer'' for consistency in the revised title. The
words ''of the Government'' are omitted as surplus. Clause (2)(A)(ii)
is substituted for ''the public engagements'' for clarity. In clause
(2)(B), the word ''individual'' is substituted for ''persons'' for
consistency. The words ''armed forces'' are substituted for ''military
and naval service'' for consistency with title 10. The words ''and
proper'' are omitted as unnecessary. The words ''disburse regularly pay
and allowances'' are substituted for ''discharge of the pay and
emoluments to which they may be entitled cannot be regularly effected''
to eliminate unnecessary words, for clarity, and for consistency with
title 37.
In subsection (c), the words ''Comptroller General'' are substituted
for ''General Accounting Office'' for consistency.
In subsection (d), before clause (1), the words ''On and after April
15, 1926'' in 31:686-2 are omitted as executed. The word ''agency'' is
substituted for ''department or establishment'' because of section 101
of the revised title and for consistency. The words ''may pay in
advance from appropriations available for the purpose'' are substituted
for ''may transfer in advance . . . such amounts as may be necessary to
defray the expense of'' for clarity and consistency. In clause (1), the
words ''Secretary of the Army'' are substituted for ''Signal Corps of
the Army'' because of 10:3012. The title of Secretary of War was changed
to Secretary of the Army, and the Department of War was designated the
Department of the Army by section 205(a) of the Act of July 26, 1947
(ch. 343, 61 Stat. 501), and by sections 1 and 53 of the Act of August
10, 1956 (ch. 1041, 70A Stat. 157, 676). Clause (2) is substituted for
31:530a and 530b to eliminate unnecessary words. The words ''or the
municipal government of the District of Columbia'' are omitted because
of sections 441-445 and 736 of the Act of December 24, 1973 (Pub. L.
93-198, 87 Stat. 798, 823).
Functions authorized by Foreign Assistance Act of 1961, as amended,
as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out
as a note under section 2393 of Title 22, Foreign Relations and
Intercourse.
Funds available for expenditure without regard to this section, see
section 289c of Title 22, Foreign Relations and Intercourse.
4109, 5923, 5924; title 7 sections 427i, 1624, 3318;
title 10 sections 2127, 2239, 2371, 2388, 2852, 6154,
7522; title 12 sections 1701c, 1701z-2, 3012; title
15 sections 196, 634, 2056, 2451, 2609, 2626; title
16 sections 460l-1, 565a-1, 581i-1, 1645, 2107; title
18 sections 4109, 4204; title 19 sections 2076, 2080,
2081; title 20 sections 959, 1221e-3, 2012, 2106,
4414, 4513; title 21 sections 360j, 360ii; title 22
sections 287e-1, 289c, 294, 2103, 2179; title 25
section 3115; title 26 section 7608; title 28
section 995; title 29 section 1774; title 33 section
1254; title 37 section 1006; title 38 section 7613;
title 40 section 462; title 42 sections 242m, 254b,
254l, 285a-2, 285b-3, 290bb, 292f, 294z, 295g-10,
296k, 299c-3, 300c-22, 300u, 300cc-41, 1870, 2473,
3105, 4101, 4372, 7403, 7404; title 49 App. sections
1353, 1604; title 50 sections 491, 502, 522; title
50 App. section 1918.
31 USC 3325. Vouchers
TITLE 31 -- MONEY AND FINANCE
(a) A disbursing official in the executive branch of the United
States Government shall --
(1) disburse money only as provided by a voucher certified by --
(A) the head of the executive agency concerned; or
(B) an officer or employee of the executive agency having written
authorization from the head of the agency to certify vouchers;
(2) examine a voucher if necessary to decide if it is --
(A) in proper form;
(B) certified and approved; and
(C) computed correctly on the facts certified; and
(3) except for the correctness of computations on a voucher, be held
accountable for carrying out clauses (1) and (2) of this subsection.
(b) Subsection (a) of this section does not apply to disbursements of
a military department of the Department of Defense, except for
disbursements for departmental pay and expenses in the District of
Columbia.
(c) On request, the Secretary of the Treasury may provide to the
appropriate officer or employee of the United States Government a list
of persons receiving periodic payments from the Government. When
certified and in proper form, the list may be used as a voucher on which
the Secretary may disburse money.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 951.)
In subsection (a), before clause (1), the words ''Notwithstanding the
provisions of section 82 of this title, and section 4 of Executive Order
Numbered 6166, dated June 10, 1933'' in 31:82b are omitted as
unnecessary. In clause (1), the word ''duly'' is omitted as surplus.
In clause (1)(A) and (B), the words ''executive agency'' are substituted
for ''department, establishment or agency concerned'' because of section
102 of the revised title and for consistency. In clause (2)(C), the
words ''basis of the'' are omitted as surplus. In clause (3), the words
''for carrying out clauses (1) and (2) of this subsection'' are
substituted for ''accordingly'' for clarity.
In subsection (b), the words ''under the jurisdiction'' are omitted
as surplus. The words ''a military department of the Department of
Defense'' are substituted for ''the Department of the Army, the Navy
Department (including the Marine Corps)'' for consistency with title 10.
The words ''and the Panama Canal'' (subsequently changed to ''the Canal
Zone Government'' by section 2(a)(1) of the Act of September 26, 1950
(ch. 1049, 64 Stat. 1038)) are omitted because of 22:ch. 51. The word
''pay'' is substituted for ''salaries'' for consistency in the revised
title and with other titles of the United States Code.
In subsection (c), the words ''On and after May 14, 1937'' are
omitted as executed. The words ''Secretary of the Treasury'' are
substituted for ''Division of Disbursement, Treasury Department'' in
section 1(last proviso of 2d par. on p. 140) of the Act of May 14, 1937,
because of section 1(a) of Reorganization Plan No. III of 1940 (eff.
June 30, 1940, 54 Stat. 1231) and section 321(c) of the revised title.
The word ''appropriate'' is added for clarity. The words ''officer or
employee of the United States Government'' are substituted for
''administrative officers'' for consistency in the revised title and
with other titles of the United States Code. The words
''addressographed or stenciled'' and ''administratively revised and''
are omitted as surplus. The words ''disburse public money'' are
substituted for ''make payment'' for consistency.
31 USC 3326. Waiver of requirements for warrants and advances
TITLE 31 -- MONEY AND FINANCE
(a) When the Secretary of the Treasury and the Comptroller General
decide that, with sufficient safeguards, existing procedures may be
changed to simplify, improve, and economize the control and accounting
of public money, they may prescribe joint regulations for waiving any
part of the requirements in effect on September 12, 1950, that --
(1) warrants be issued and countersigned for the receipt, retention,
and disbursement of public money and trust funds; and
(2) amounts be requisitioned and advanced to accountable officials.
(b) Regulations of the Secretary and the Comptroller General may
provide for the payment of vouchers by authorized disbursing officials
by checks drawn on the general fund of the Treasury. However, the
regulations shall provide for appropriate action (including suspension
or withdrawal of authority to make payments) against a delinquent
disbursing official for any reason related to the official's accounts.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 951.)
In subsection (a), before clause (1), the words ''in effect on
September 12, 1950'' are substituted for ''existing'' for clarity. In
clause (2), the words ''under each separate appropriation head or
otherwise'' are omitted as surplus.
In subsection (b), the word ''official'' is substituted for
''officers'' for consistency. The word ''Treasury'' is substituted for
''Treasurer of the United States'' because of the source provisions
restated in section 321 of the revised title and Department of the
Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words ''in
the rendition of their accounts or for other'' and ''under necessary
circumstances'' are omitted as surplus.
31 USC 3327. General authority to issue checks and other drafts
TITLE 31 -- MONEY AND FINANCE
The Secretary of the Treasury may issue a check or other draft on
public money in the Treasury to pay an obligation of the United States
Government. When the Secretary decides it is convenient to a public
creditor and in the public interest, the Secretary may designate a
depositary to issue a check or other draft on public money held by the
depositary to pay an obligation of the Government. As directed by the
Secretary, each depositary shall report to the Secretary on public money
paid and received by the depositary.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 952.)
The words ''Secretary of the Treasury'' are substituted for
''Treasurer'' because of the source provisions restated in section 321(
c) of the revised title. The words ''may issue a check or other draft''
are substituted for ''shall be subject to the draft of'' for consistency
in the revised title. The words ''public money'' are substituted for
''moneys'' because section 10 of the Act of August 6, 1846 (ch. 90, 9
Stat. 61), from which section 3644 of the Revised Statutes is derived,
used the term ''public money''. The words ''obligation of the United
States Government'' are substituted for ''on the public account'', and
the words ''may designate a depositary to issue a check or draft on
public money held by the depositary to pay an obligation of the
Government'' are substituted for ''is authorized to draw upon any of the
depositaries'' for clarity and consistency. The words ''at such times
and in such forms . . . shall be'' are omitted as surplus. The words
''United States Postal Service'' and ''Postmaster General'' are omitted
because of 39:410. The words ''report to the Secretary on public money
paid and received by the depositary'' are substituted for ''so drawn
upon shall make returns to the Treasury Department'' for clarity and
consistency.
31 USC 3328. Paying checks and drafts
TITLE 31 -- MONEY AND FINANCE
(a) Time Limit on Treasury Checks. --
(1) In general. -- Except as provided in sections 3329 and 3330 of
this title --
(A) the Secretary shall not be required to pay a Treasury check
issued on or after the effective date of this section unless it is
negotiated to a financial institution within 12 months after the date on
which the check was issued; and
(B) the Secretary shall not be required to pay a Treasury check
issued before the effective date of this section unless it is negotiated
to a financial institution within 12 months after such effective date.
(2) Deferral pending settlement. -- Notwithstanding the time
limitations imposed by paragraph (1), if the Secretary is on notice of a
question of law or fact about whether a Treasury check is properly
payable when the check is presented for payment, the Secretary may defer
payment on such check until the Comptroller General settles the
question.
(3) Nothing in this subsection shall be construed to affect the
underlying obligation of the United States, or any agency thereof, for
which a Treasury check was issued.
(b)(1) If a check issued by a disbursing official and drawn on a
designated depositary is not paid by the last day of the fiscal year
after the fiscal year in which the check was issued, the amount of the
check is --
(A) withdrawn from the account with the depositary; and
(B) deposited in the Treasury for credit to a consolidated account of
the Treasury.
(2) A claim for the proceeds of an unpaid check under this subsection
may be paid from a consolidated account by a check drawn on the Treasury
on settlement by the Comptroller General.
(c) A limitation imposed on a claim against the United States
Government under section 3702 of this title does not apply to an unpaid
check drawn on the Treasury or a designated depositary.
(d) With the approval of the Comptroller General, the Secretary may
prescribe regulations the Secretary decides are necessary to carry out
subsections (a)-(c) of this section.
(e)(1) The Secretary shall prescribe regulations on --
(A) enforcing the speedy presentation of Government drafts;
(B) paying drafts, including the place of payment; and
(C) paying drafts if presentment is not made as required.
(2) Regulations prescribed under paragraph (1) of this subsection
shall prevent, as far as may be practicable, Government drafts from
being used or placed in circulation as paper currency or a medium of
exchange.
(f) Authority To Decline Payment. -- Nothing in this section limits
the authority of the Secretary to decline payment of a Treasury check
after first examination thereof at the Treasury.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 952; Pub. L. 100-86, title
X, 1002, Aug. 10, 1987, 101 Stat. 658.)
In the section, the word ''Treasury'' is substituted for ''Treasurer
of the United States'' because of the source provisions restated in
section 321 of the revised title and Department of the Treasury Order
229 of January 14, 1974 (39 F.R. 2280).
In subsections (a)(1) and (b), the words ''Comptroller General'' are
substituted for ''General Accounting Office'' for consistency.
In subsections (a)(1) and (c), the words ''heretofore or hereafter''
are omitted as surplus.
In subsection (a)(1), the words ''Except as provided in sections 3330
and 3331 of this title'' are added for clarity. The words ''including
those drawn by wholly owned and mixed-ownership Government
corporations'' are omitted as surplus. The words ''Secretary of the
Treasury'' are substituted for ''Treasurer of the United States'' after
''for payment the'' because of the source provisions restated in section
321(c) of the revised title. The words ''doubtful'', ''for payment'',
and ''of such check'' are omitted as surplus.
In subsection (a)(2), before clause (A), the words ''When the
Secretary decides it is appropriate'' are substituted for ''at
appropriate intervals'' for clarity. In clauses (A) and (B), the words
''on the books'' are omitted as surplus. In clause (A), the words
''drawn on the Treasury'' are added for clarity and consistency. In
clause (B), the words ''from the accounts . . . for the payment of
unpaid checks . . . of the Treasury'' are omitted as surplus. The words
''and to transfer to such consolidated account or accounts the balance
of the special deposit account established pursuant to section 132 of
this title'', and the words ''any unpaid checks heretofore payable from
the special deposit account'', are omitted as executed because the
account was established under 31:132 as originally enacted in 1947 and
then abolished by the 1957 amendment to that section. The text of
31:134(1st proviso) is omitted as superseded by section 448 of the Act
of December 24, 1973 (Pub. L. 93-198, 87 Stat. 801). The text of
31:134(last proviso) is omitted as executed.
In subsection (b)(1), before clause (A), the words ''issued by a
disbursing official'' are substituted for ''drawn by authorized officers
of the United States'' for consistency. In clause (B), the words ''or
accounts on the books'' are omitted as surplus.
Subsection (c) is substituted for 31:132(c) for consistency and to
eliminate unnecessary words.
In subsection (d), the words ''rules and'' and ''or proper'' are
omitted as surplus.
In subsection (e)(1), before clause (A), the word ''prescribe'' is
substituted for ''issue and publish'' for consistency in the revised
title and with other titles of the United States Code. In clause (B),
the words ''and to prescribe the time, according to the different
distances of the depositaries from the seat of Government, within which
all drafts upon them, respectively, shall be presented for payment'' are
omitted as superseded by subsection (a) of the revised section. Clause
(C) is substituted for 31:527(words between semicolons) to eliminate
unnecessary words.
In subsection (e)(2), the words ''and directions'' are omitted as
surplus.
The effective date of this section, referred to in subsec. (a)(1),
probably means the effective date of subsec. (a) of this section as
amended by section 1002 of Pub. L. 100-86, which is effective 6 months
after Aug. 10, 1987, or on such later date as the Secretary of the
Treasury may prescribe in regulations. See section 1006 of Pub. L.
100-86, set out as a note below.
1987 -- Subsec. (a). Pub. L. 100-86, 1002(1), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows:
''(1) Except as provided in sections 3329 and 3330 of this title, a
check drawn on the Treasury may be paid at any time. However, if the
Secretary of the Treasury is on notice of a question of law or fact
about the check when the check is presented, the Secretary shall defer
payment until the Comptroller General settles the question.
''(2) When the Secretary decides it is appropriate, the Secretary may
transfer --
''(A) the amount of an unpaid check drawn on the Treasury from the
account on which it was drawn to a consolidated account of the Treasury
available for paying checks; and
''(B) an amount available, but not required, for paying checks drawn
on the Treasury to the appropriate receipt account.''
Subsec. (f). Pub. L. 100-86, 1002(2), added subsec. (f).
Section 1006 of Pub. L. 100-86 provided that: ''The amendments made
by sections 1002, 1003, and 1004 (enacting section 3334 of this title
and amending this section and sections 3702 and 3712 of this title)
shall become effective 6 months after the date of enactment of this Act
(Aug. 10, 1987) or on such later date as the Secretary of the Treasury
may prescribe in regulations.''
Section 1005 of Pub. L. 100-86 provided that: ''The Secretary of
the Treasury may prescribe such rules, regulations, and procedures as
the Secretary deems necessary to implement the amendments made by
sections 1002, 1003, and 1004 (enacting section 3334 of this title and
amending this section and sections 3702 and 3712 of this title),
including the recertification of Treasury checks which have been
canceled or for which a claim has been asserted or barred.''
31 USC 3329. Withholding checks to be sent to foreign countries
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall prohibit a check or warrant
drawn on public money from being sent to a foreign country from the
United States or from a territory or possession of the United States
when the Secretary decides that postal, transportation, or banking
facilities generally, or local conditions in the foreign country, do not
reasonably ensure that the payee --
(1) will receive the check or warrant; and
(2) will be able to negotiate it for full value.
(b)(1) If a check or warrant is prohibited from being sent to a
foreign country under subsection (a) of this section, the drawer shall
hold the check or warrant until the end of the calendar quarter after
the date of the check or warrant.
(2) The Secretary may release the check or warrant for delivery
during the calendar quarter after the date of the check or warrant if
the Secretary decides that conditions have changed to ensure reasonably
that the payee --
(A) will receive the check or warrant; and
(B) will be able to negotiate it for full value.
(3) Unless the Secretary otherwise directs, the drawer shall send at
the end of the calendar quarter after the date of the check or warrant
the --
(A) withheld check or warrant to the drawee; and
(B) report to the Secretary on --
(i) the name and address of the payee;
(ii) the date, number, and amount of the check or warrant; and
(iii) the account on which the check or warrant was drawn.
(4) The drawee shall transfer the amount of a withheld check or
warrant from the account of the drawer to the special deposit account
''Secretary of the Treasury, Proceeds of Withheld Foreign Checks''. The
check or warrant shall be marked ''Paid into Withheld Foreign Check
Account''. After that time, the drawee shall send all withheld checks
and warrants to the Comptroller General. The Comptroller General shall
credit the accounts of the drawer and drawee.
(c) The Secretary may pay an amount deposited in the special account
under subsection (b)(4) of this section with a check drawn on the
account when --
(1) a person claiming payment satisfies the Secretary of the right to
the amount of the check or warrant (or satisfies the Secretary of
Veterans Affairs if the claim represents a payment under laws
administered by the Secretary of Veterans Affairs); and
(2) the Secretary is reasonably ensured that the person --
(A) will receive the check or warrant; and
(B) will be able to negotiate it for full value.
(d) This section and section 3330 of this title --
(1) apply to a check or warrant whose delivery may be withheld under
Executive Order 8389;
(2) do not affect a requirement for a license for delivering and
paying a check in payment of a claim under subsection (c) of this
section when a license is required by law to authorize delivery and
payment; and
(3) do not affect a check or warrant issued for the payment of pay or
goods bought by the United States Government in a foreign country.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 953; Pub. L. 102-54, 13(
l)(2), June 13, 1991, 105 Stat. 277.)
In the section, the words ''drawn on'' are substituted for ''drawn
against'' for consistency in the revised chapter. The word ''actually''
is omitted as surplus.
In subsection (a), before clause (1), the words ''On and after
October 9, 1940'' are omitted as executed. The words ''drawn on public
money'' are substituted for ''drawn against funds of the United States,
or any agency or instrumentality thereof'' to eliminate unnecessary
words and for consistency in the chapter. The words ''and the
Commonwealth of the Philippine Islands'' in section 1 of the Act of
October 9, 1940, are omitted because of Proclamation No. 2695 of July
4, 1946 (60 Stat. 1352). The words ''to which such check or warrant is
to be delivered'' are omitted as surplus.
In subsection (b)(3)(A), the words ''in accordance with the
provisions of sections 123 to 128 of this title'' and ''thereof'' are
omitted as surplus.
In subsection (b)(3)(B), before subclause (i), the word ''Secretary''
is substituted for ''Bureau of Accounts of the Treasury Department''
because of the source provisions restated in section 321 of the revised
title. The word ''fully'' is omitted as surplus.
In subsection (b)(4), the word ''withheld'' is substituted for
''undelivered'' for clarity. The words ''with the Treasurer of the
United States'' and the words ''of the United States'' after
''Comptroller General'' are omitted as unnecessary.
In subsection (d)(1), the words ''is now being, or . . . hereafter''
and ''as well as to all checks or warrants the delivery of which is now
being withheld pursuant to administrative action, which administrative
action is ratified and confirmed'' in 31:126 are omitted as executed.
In subsection (d)(2), the words ''do not affect a requirement for''
are substituted for ''nothing in sections 123 to 128 of this title shall
be construed to dispense with the necessity of'' in 31:126 to eliminate
unnecessary words and because of the restatement. The words ''obtaining
. . . authorize'' and ''is now or hereafter'' are omitted as surplus.
In subsection (d)(3), the words ''does not affect'' are substituted
for ''Nothing contained in sections 123 to 128 of this title shall be
construed as affecting or applying to'' in 31:128 to eliminate
unnecessary words and because of the restatement. The word ''pay'' is
substituted for ''salaries or wages'' for consistency in the revised
title and with other titles of the United States Code.
1991 -- Subsec. (c)(1). Pub. L. 102-54 substituted ''Secretary of
Veterans Affairs'' for ''Administrator of Veterans' Affairs'' and ''laws
administered by the Secretary of Veterans Affairs'' for ''laws carried
out by the Administrator''.
section 402.
31 USC 3330. Payment of Department of Veterans Affairs checks for the
benefit of individuals in foreign countries
TITLE 31 -- MONEY AND FINANCE
(a)(1) A check is deemed to be issued for sending to a foreign
country and subject to this section and section 3329 of this title if
the check is --
(A) drawn on public money;
(B) for benefits under laws carried out by the Secretary of Veterans
Affairs; and
(C) to be sent to a person in the United States or a territory or
possession of the United States, and the person is legally responsible
for the care of an individual in a foreign country.
(2) The Secretary of Veterans Affairs shall notify the Secretary of
the Treasury of each check described under paragraph (1) of this
subsection.
(3) The Secretary of Veterans Affairs may exempt a check from
paragraph (1) of this subsection if the application of paragraph (1)
would reduce, discontinue, or deny benefits for the care of a dependent
of an individual in a foreign country.
(b) When the amount of checks (representing payments to an individual
under laws administered by the Secretary of Veterans Affairs)
transferred under section 3329(b)(4) of this title equals $1,000, the
amounts of additional checks (except checks under contracts of
insurance) payable to the individual under those laws shall be deposited
in the Treasury as miscellaneous receipts. An amount transferred under
section 3329(b)(4) or deposited as miscellaneous receipts is deemed to
be payment for all purposes to the individual entitled to payment.
(c) If the payee of a check for pension, compensation, or emergency
officers' retirement pay under laws administered by the Secretary of
Veterans Affairs dies while the amount of the check is in the special
deposit account, the amount is payable (subject to section 3329 of this
title and this section) as follows:
(1) after the death of the veteran, to the surviving spouse, or, if
there is no surviving spouse, to children of the veteran under 18 years
of age at the time of the veteran's death.
(2) after the death of the surviving spouse, to children of the
spouse under 18 years of age at the time of the spouse's death.
(3) after the death of an apportionee of a part of the veteran's
pension, compensation, or emergency officers' retirement pay but before
all of the apportioned amount is paid to the veteran, the apportioned
amount not paid.
(4) in any other case, only to the extent necessary to reimburse a
person for burial expenses.
(d)(1) A payment may be made under subsection (c) of this section
only if a claim for payment is --
(A) filed with the Secretary of Veterans Affairs by the end of the
first year after the date of the death of the individual entitled to
payment; and
(B) completed by submitting the necessary evidence by the 6th month
after the date the Administrator /1/ requests the evidence.
(2) Payment shall include only amounts due at the time of death under
ratings or decisions existing at the time of the death.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 954; Pub. L. 102-54, 13(
l)(3), (4)(A), June 13, 1991, 105 Stat. 277.)
In the section, the words ''laws carried out'' are substituted for
''laws administered'', and the words ''Administrator of Veterans'
Affairs'' and ''Administrator'' are substituted for ''Veterans'
Administration'', for consistency.
In subsection (a)(1), before clause (A), the word ''issued'' is
substituted for ''drawn'' for clarity and consistency. Clause (A) is
substituted for ''drawn against funds of the United States'' for
consistency in the chapter. In clause (C), the words ''guardian,
curator, conservator, or other'' are omitted as surplus. The words
''legally responsible for'' are substituted for ''vested with'' for
clarity.
In subsection (b), the words ''under section 3329(b)(4) of this
title'' are substituted for ''to the special deposit account'' for
clarity and because of the restatement. The words ''deposited in'' are
substituted for ''covered into'' for clarity and consistency in the
revised title.
In subsection (c), before clause (1), the word ''accruing'' is
omitted as surplus. In clauses (1) and (2), the words ''surviving
spouse'' and ''spouse'' are substituted for ''widow'', and the word
''spouse's'' is substituted for ''widow's'', to conform to amendments
made generally to title 38 by the Veterans Disability Compensation and
Survivor Benefits Act of 1976 (Pub. L. 94-433, 90 Stat. 1374). In clause
(1), the words ''first to'' are omitted as surplus. In clause (4), the
word ''only'' is substituted for ''no disbursement whatsoever of such
pension, compensation, or emergency officers' retirement pay shall be
made or allowed except so much'' to eliminate unnecessary words.
In subsection (d)(1)(B), the word ''completed'' is substituted for
''perfected'' for clarity.
In subsection (d)(2), the words ''and unpaid'' are omitted as
surplus.
1991 -- Pub. L. 102-54, 13(l)(4)(A), substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration'' in section
catchline.
Subsec. (a)(1)(B). Pub. L. 102-54, 13(l)(3)(A), substituted
''Secretary of Veterans Affairs'' for ''Administrator of Veterans'
Affairs''.
Subsec. (a)(2), (3). Pub. L. 102-54, 13(l)(3)(B), substituted
''Secretary of Veterans Affairs'' for ''Administrator''.
Subsecs. (b), (c). Pub. L. 102-54, 13(l)(3)(C), substituted ''laws
administered by the Secretary of Veterans Affairs'' for ''laws carried
out by the Administrator''.
Subsec. (d)(1)(A). Pub. L. 102-54, 13(l)(3)(B), substituted
''Secretary of Veterans Affairs'' for ''Administrator''.
Reference to Administrator, meaning Administrator of Veterans'
Affairs, deemed to refer to Secretary of Veterans Affairs pursuant to
section 10 of Pub. L. 100-527, set out as a Department of Veterans
Affairs Act note under section 301 of Title 38, Veterans' Benefits.
5121, 5309; title 42 section 402.
/1/ So in original. Probably should be ''Secretary of Veterans
Affairs''.
31 USC 3331. Substitute checks
TITLE 31 -- MONEY AND FINANCE
(a) In this section, ''original check'' --
(1) means an order for the payment of money --
(A) payable on demand;
(B) that does not bear interest;
(C) drawn by an authorized disbursing official or agent of the United
States Government; and
(D) the amount of which is deposited with the Treasury or another
account available for payment; and
(2) does not include coins and currency of the Government.
(b) When the Secretary of the Treasury is satisfied that an original
check is lost, stolen, destroyed in any part, or is so defaced that the
value to the owner or holder is impaired, the Secretary may issue a
substitute check to the owner or holder of the original check. Except
as provided in subsection (c) of this section, the substitute check is
payable from the amount available to pay the original check.
(c) When the Secretary is satisfied that an original check drawn on a
depositary in a foreign country or a territory or possession of the
United States is lost, stolen, destroyed in part, or is so defaced that
its value to the owner or holder is impaired, the drawer of the original
check (or another official designated by the Secretary with the approval
of the head of the agency on whose behalf the original check was issued)
may issue to the owner or holder of the check a substitute check. The
drawer or official shall issue the substitute check by the last day of
the fiscal year after the fiscal year in which the original check was
issued --
(1) using the current date; and
(2) drawn on the account of the drawer of the original check or
another account available for payment of the substitute.
(d) A substitute check issued under this section --
(1) may be paid only if the original check has not been paid;
(2) shall include information necessary to identify the original
check;
(3) that is drawn on the Treasury --
(A) is deemed to be an original check; and
(B) is paid under the same conditions as the original check; and
(4) does not relieve a disbursing or certifying official from
liability to the Government for payment resulting from erroneously
issuing the original check.
(e) Before issuing a substitute check under this section, the
Secretary may require the owner or holder of the original check to agree
to indemnify the Government with security in the form and amount the
Secretary decides is necessary.
(f) Under conditions the Secretary may prescribe, the Secretary may
delegate duties and powers of the Secretary under this section to the
head of an agency. Consistent with a delegation from the Secretary
under this subsection, the head of an agency may delegate those duties
and powers to an officer or employee of the agency.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 955; Pub. L. 97-452, 1(
11), Jan. 12, 1983, 96 Stat. 2468.)
In subsection (a), before clause (1), the words ''The term . . .
wherever used'' are omitted as unnecessary. In clause (1), before
subclause (A), the words ''check, warrant, or other'' are omitted as
surplus. In subclause (C), the word ''duly'' is omitted as surplus.
The words ''disbursing official or agent'' are substituted for ''officer
or agent'' for consistency in the revised title. The words ''any wholly
owned or mixed-ownership Government corporation'' are omitted as already
being included in the restated source provisions and because of section
101 of the revised title. Therefore, the text is not meant to exclude
employees of wholly owned Government corporations and mixed-ownership
Government corporations. The words ''the District of Columbia, or the
District Unemployment Compensation Board'' are omitted because of
section 448 of the Act of December 24, 1973 (Pub. L. 93-198, 87 Stat.
801). The words ''or by any entity owned or controlled by the United
States'' are omitted as unnecessary. In subclause (D), the words ''and
covered . . . or deposited with the Treasurer of the United States'' are
omitted as surplus. The words ''or another account available for
payment'' are added for clarity and consistency in the revised section.
In clause (2), the word ''money'' is omitted as being covered by ''coins
and currency''.
In subsections (b) and (c), the words ''When the Secretary is
satisfied'' are substituted for ''whenever it is clearly proved to the
satisfaction of the Secretary'' to eliminate unnecessary words. The
words ''mutilated or'' are omitted as being covered by ''defaced''.
In subsection (c), before clause (1), the words ''Notwithstanding the
provisions of subsections (a) and (b) of this section'' are omitted as
unnecessary. The words ''including the Panama Canal Zone'' are omitted
because of the Panama Canal Treaty of 1977. The words ''official
designated'' are substituted for ''officer or employee of the United
States as may be authorized'' for consistency in the revised title and
with other titles of the United States Code. The word ''agency'' is
substituted for ''department or agency'' because of section 101 of the
revised title and for consistency. In clause (2), the words ''drawn
on'' are substituted for ''drawn against'' for consistency in the
revised chapter.
In subsection (d)(3), before subclause (A), the word ''Treasury'' is
substituted for ''Treasurer of the United States'' because of the source
provisions restated in section 321 of the revised title and Department
of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280).
In subsection (d)(4), the word ''official'' is substituted for
''officer'' for consistency in the revised title and with other titles
of the United States Code.
In subsection (e), the words ''surety or'' are omitted as surplus.
The words ''the receipt and approval by the Secretary of the Treasury
of'' are omitted because of the restatement.
This restates, as 31:3331(f), section 3646(h) of the Revised Statutes
that was inadvertently omitted from the codification of title 31 by the
Act of Sept. 13, 1982 (Pub. L. 97-258, 96 Stat. 1084). It provides
authority for the Secretary of the Treasury to delegate duties and
powers related to issuing substitute checks to heads of other agencies.
The words ''terms and'' are omitted as surplus. The words ''duties
and powers'' are substituted for ''power, authority, or discretion'' for
consistency in the revised title and with other titles of the United
States Code. The words ''in whole or in part'' are omitted as surplus.
The words ''to such individuals as he may designate within the Treasury
Department'' are omitted because of 31:321(b)(2). The word ''agency'' is
coextensive with and substituted for ''other department or agency of the
Government or of any Federal Reserve bank'' because of 31:101. The words
''terms and conditions'' are omitted as surplus.
1983 -- Subsec. (f). Pub. L. 97-452 added subsec. (f).
Section 2(i) of Pub. L. 97-452 provided that: ''The amendments made
by section 1(11), (14), (19), (22), (24), (26), and (27) (amending this
section and sections 3702, 5103, 5154, 6501, 9101, 9107, and 9108 of
this title) are effective as of September 13, 1982.''
31 USC 3332. Checks payable to financial organizations designated by
Government officers and employees
TITLE 31 -- MONEY AND FINANCE
(a) In this section, ''financial organization'' means a bank, savings
and loan association or similar institution, or a credit union chartered
by the United States Government or a State.
(b) An officer or employee of an agency may designate in writing not
more than 3 financial organizations to which a payment of pay of the
officer or employee shall be sent without charge and the amount to be
sent to each organization. The head of the agency shall authorize a
disbursing official to issue a check payable to each of the
organizations in the amount designated for --
(1) credit to the checking account of the officer or employee;
(2) deposit of savings for the officer or employee; or
(3) buying shares for the officer or employee.
(c) If more than one officer or employee making a designation under
this section designates the same financial organization, the head of the
agency may authorize a disbursing official to issue a check payable to
the organization for the total amount designated by the officers and
employees, accompanied by a schedule stating the amount to be credited
to the account of each officer and employee.
(d) Payment by the Government by more than one check, issued under
this section and properly endorsed, is complete payment of the amount
due to the officer or employee requesting payment.
(e) On the written request of a person to whom payment is to be made,
this section may be applied to any class of recurring payments.
(f) The Secretary of the Senate shall prescribe regulations for the
Senate in carrying out this section. With the approval of the Committee
on House Administration of the House of Representatives, the Clerk of
the House shall prescribe regulations for the House in carrying out this
section. The Secretary of the Treasury shall prescribe regulations for
all other agencies in carrying out this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 955; Pub. L. 98-369, div.
B, title VIII, 2814, July 18, 1984, 98 Stat. 1207.)
In subsection (a), the definition of ''agency'' is omitted because of
section 101 of the revised title. The words ''and the municipal
government of the District of Columbia'' are omitted because of section
448 of the Act of December 24, 1973 (Pub. L. 93-198, 87 Stat. 801). The
text of section 1(b)(1st sentence) and (c)(1st sentence) of the Act of
July 19, 1975, is omitted as executed. In clause (2), the words
''savings bank'' are omitted as surplus.
In subsections (b)-(f), the words ''officer or employee'' are
substituted for ''employee'' for consistency in the revised title and
with other titles of the United States Code.
In subsections (b) and (d), the word ''official'' is substituted for
''officer'' for consistency in the revised title and with other titles
of the Code. The words ''issue a check payable to'' are substituted for
''make the payment . . . by sending to . . . a check that is drawn in
favor of the organization'' for clarity and consistency and to eliminate
unnecessary words.
In subsection (b), before clause (1), the words ''Notwithstanding
subsection (a) of this section or any other provision of law'' are
omitted as unnecessary. The words ''may designate in writing not more
than 3 financial organizations to which a payment of pay of the officer
or employee shall be sent and the amount to be sent to each
organization'' are substituted for ''upon the written request of an
employee of the agency to whom a payment for wages or salary is to be
made . . . in the form of one, two, or three checks (the number of
checks . . . if more than one . . . designated by such employee'' for
clarity, consistency in the revised title and with other titles of the
Code, and to eliminate unnecessary words.
In subsection (c), the words ''(except for a financial organization
designated by an officer or employee of either House of Congress)'' are
substituted for section 1(b)(last sentence) and (c)(last sentence) of
the Act of July 19, 1975 (Pub. L. 94-57, 89 Stat. 265), because of the
restatement. The words ''to which such check is sent'' are omitted
because of the restatement.
In subsection (d), the words ''to whom a payment is to be made'' are
omitted as surplus. The words ''upon the written request of such
employee'' are omitted as unnecessary. The words ''accompanied by a
schedule'' are added for clarity.
In subsection (e), the word ''payment'' is substituted for
''acquittance'' for clarity and consistency.
Subsection (f) is substituted for 31:492(d)(1st-50th words) to
eliminate unnecessary words.
In subsection (g), the words ''rules and'' in section 1(b) and (c) of
the Act of July 19, 1975 (Pub. L. 94-57, 89 Stat. 265), are omitted as
surplus.
1984 -- Subsec. (b). Pub. L. 98-369, 2814(a), inserted ''without
charge'' after ''shall be sent''.
Subsecs. (c) to (g). Pub. L. 98-369, 2814(b), struck out subsec.
(c) which related to reimbursement of an agency for issuing additional
checks, and redesignated subsecs. (d) to (g) as (c) to (f),
respectively.
31 USC 3333. Relief for payments made without negligence
TITLE 31 -- MONEY AND FINANCE
(a)(1) The Secretary of the Treasury is not liable for a payment made
by the Secretary or depositary in due course and without negligence, of
a --
(A) check, draft, or warrant drawn on the Treasury or the depositary;
and
(B) debt obligation guaranteed or assumed by the United States
Government.
(2) The Comptroller General shall credit the accounts of the Treasury
or the depositary for the payment.
(b) This section does not relieve another individual from civil or
criminal liability for a check, draft, warrant, or debt obligation of
the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 956.)
In subsection (a)(1), before clause (A), the words ''Secretary of the
Treasury'' are substituted for ''Treasurer'' before ''is not liable''
because of the source provisions restated in section 321(c) of the
revised title. The word ''depositary'' is substituted for ''upon the
Treasurer of the United States through any Federal Reserve Bank'' for
consistency in the revised title. The words ''Whenever . . .
heretofore has been or hereafter'' and ''or on behalf of'' are omitted
as surplus. In clause (A), the word ''Treasury'' is substituted for
''Treasurer of the United States'' after ''drawn upon the'' because of
the source provisions restated in section 321 of the revised title and
Department of the Treasury Order 229 of January 14, 1974 (39 F.R.
2280). In clause (B), the words ''public . . . of the United States,
including any obligation of any type whatever, the payment of which is''
are omitted as surplus.
In subsection (a)(2), the words ''of the United States'' are omitted
as unnecessary. The words ''of the Treasury or the depositary'' are
substituted for ''Treasurer's'' because of the restatement.
In subsection (b), the words ''another individual'' are substituted
for ''any person, other than the Treasurer of the United States'' to
eliminate unnecessary words. The words ''now existing or which may
hereafter exist'' are omitted as unnecessary.
31 USC 3334. Cancellation and proceeds distribution of Treasury checks
TITLE 31 -- MONEY AND FINANCE
(a) In General. -- (1) The Secretary shall provide monthly to each
agency that authorizes the issuance of Treasury checks a list of those
checks issued for such agency on or after such effective date that have
not been paid and have become more than 12 months old during the
preceding month, beginning with the fourteenth month following the
effective date of this section.
(2) Such checks shall be canceled by the Secretary and the proceeds
thereof shall be returned to the agency concerned and credited to the
appropriation or fund account initially charged for the payment.
(b) Checks Issued Before Effective Date. -- (1) Not later than 18
months after the effective date of this section, the Secretary shall
identify and cancel all Treasury checks issued before such effective
date that have not been paid in accordance with section 3328 of this
title.
(2) The proceeds from checks canceled pursuant to paragraph (1) shall
be applied to eliminate the balances in accounts that represent
uncollectible accounts receivable and other costs associated with the
payment of checks and check claims by the Department of the Treasury on
behalf of all payment certifying agencies. Any remaining proceeds shall
be deposited to the miscellaneous receipts of the Treasury.
(c) No Effect on Underlying Obligation. -- Nothing in this section
shall be construed to affect the underlying obligation of the United
States, or any agency thereof, for which a Treasury check was issued.
(Added Pub. L. 100-86, title X, 1003, Aug. 10, 1987, 101 Stat. 658.)
Such effective date, and the effective date of this section, referred
to in subsecs. (a)(1) and (b)(1), is 6 months after Aug. 10, 1987, or
on such later date as the Secretary of the Treasury may prescribe in
regulations. See Effective Date note below.
Section effective 6 months after Aug. 10, 1987, or on such later
date as the Secretary of the Treasury may prescribe in regulations, see
section 1006 of Pub. L. 100-86, set out as an Effective Date of 1987
Amendment note under section 3328 of this title.
For provision permitting Secretary of the Treasury to prescribe
rules, regulations, and procedures as necessary to implement this
section, including recertification of Treasury checks which have been
canceled or for which a claim has been asserted or barred, see section
1005 of Pub. L. 100-86, set out as a note under section 3328 of this
title.
31 USC 3335. Timely disbursement of Federal funds
TITLE 31 -- MONEY AND FINANCE
(a) Each head of an executive agency (other than the Tennessee Valley
Authority) shall, under such regulations as the Secretary of the
Treasury shall prescribe, provide for the timely disbursement of Federal
funds through cash, checks, electronic funds transfer, or any other
means identified by the Secretary.
(b) The Secretary may collect from any executive agency which does
not comply with subsection (a) a charge in an amount the Secretary
determines to be the cost to the general fund of the Treasury caused by
such noncompliance.
(c) The amounts of charges collected from an executive agency under
this section shall be deposited in the Treasury and credited as
miscellaneous receipts.
(d) Any charge assessed by the Secretary under this section, to the
maximum extent practicable --
(1) shall be paid out of appropriations available for executive
agency operations; and
(2) shall not be paid from amounts available for funding programs of
an executive agency.
(Added Pub. L. 101-453, 4(a), Oct. 24, 1990, 104 Stat. 1058.)
Section 4(c) of Pub. L. 101-453 provided that: ''The Secretary of
the Treasury shall prescribe regulations under section 3335 of title 31,
United States Code, as added by subsection (a), to ensure the full
implementation of that section by the date which is 2 years after the
date of the enactment of this Act (Oct. 24, 1990).''
31 USC SUBCHAPTER III -- MISCELLANEOUS
TITLE 31 -- MONEY AND FINANCE
31 USC 3341. Sale of Government warrants, checks, drafts, and
obligations
TITLE 31 -- MONEY AND FINANCE
(a) A disbursing official of the United States Government may sell a
Government warrant, check, draft, or obligation not the property of the
official at a premium, or dispose of the proceeds of the warrant, check,
draft, or obligation, only if the official deposits the premium and the
proceeds in the Treasury or with a depositary for the credit of the
Government.
(b) A disbursing official violating subsection (a) of this section
shall be dismissed immediately.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 956.)
In subsection (a), the words ''disbursing official'' are substituted
for ''officer'' for clarity and consistency in the revised title. The
words ''either directly or indirectly'' and ''or dispose of to any
person'' are omitted as surplus. The words ''Government warrant, check,
draft, or obligation'' are substituted for ''Treasury note, draft,
warrant, or other public security'' for consistency in the revised
title. The words ''or sell . . . avails or . . . in his hands for
disbursement'' are omitted as surplus. The words ''only if the official
deposits the premium and the proceeds in the Treasury or with a
depositary'' are substituted for ''without making return of such
premium, and accounting therefor by charging the same in his account''
for clarity and consistency in the chapter.
In subsection (b), the words ''from office'' are omitted as
unnecessary.
31 USC 3342. Check cashing and exchange transactions
TITLE 31 -- MONEY AND FINANCE
(a) A disbursing official of the United States Government may --
(1) cash and negotiate negotiable instruments payable in United
States currency or currency of a foreign country;
(2) exchange United States currency, coins, and negotiable
instruments and currency, coins, and negotiable instruments of foreign
countries; and
(3) cash checks drawn on the Treasury to accommodate United States
citizens in a foreign country, but only if --
(A) satisfactory banking facilities are not available in the foreign
country; and
(B) a check is presented by the payee who is a United States citizen.
(b) A disbursing official may act under subsection (a)(1) and (2) of
this section only for --
(1) an official purpose;
(2) personnel of the Government;
(3) a veteran hospitalized or living in an institution operated by an
agency;
(4) a contractor, or personnel of a contractor, carrying out a
Government project; and
(5) personnel of an authorized agency not part of the Government that
operates with an agency of the Government.
(c)(1) An amount held by the disbursing official that is available
for expenditure may be used to carry out subsection (a) of this section
with the approval of the head of the agency having jurisdiction over the
amount.
(2) The head of an agency having jurisdiction over a disbursing
official may offset, within the same fiscal year, a deficiency resulting
from a transaction under subsection (a) of this section with a gain from
a transaction under subsection (a). A gain in the account of a
disbursing official not used to offset deficiencies under subsection (a)
shall be deposited in the Treasury as miscellaneous receipts.
(3) Amounts necessary to adjust for deficiencies in the account of a
disbursing official because of transactions under subsection (a) of this
section are authorized to be appropriated.
(d) The Secretary of the Treasury and, with the approval of the
Secretary, the head of an agency having jurisdiction over a disbursing
official, may issue regulations to carry out this section. However,
under conditions the Secretary decides are necessary, the Secretary may
delegate to the head of an agency the authority to issue regulations
applying to a disbursing official that is an officer or employee of the
agency.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 957.)
In the section, the words ''disbursing official'' are substituted for
''disbursing officers'' for clarity and consistency in the revised
title.
In subsection (a), the words ''negotiable instruments'' are
substituted for ''checks, drafts, bills of exchange, and other
instruments'' for clarity and consistency. Before clause (1), the words
''Subject to regulations promulgated pursuant to sections 492a-492c of
this title'' are omitted as unnecessary. In clause (3), before
subclause (A), the words ''disbursing officers in foreign countries are
also authorized . . . to'' are omitted because of the restatement. The
word ''Treasury'' is substituted for ''Treasurer of the United States''
because of the source provisions restated in section 321 of the revised
title and Department of the Treasury Order 229 of January 14, 1974 (39
F.R. 2280). The words ''person who is'' are omitted as surplus. In
subclause (B), the word ''payee'' is substituted for ''person to whose
order they are drawn'' to eliminate unnecessary words. The words ''who
is a United States citizen'' are added for clarity.
Subsection (b), before clause (1), is added because of the
restatement. In clause (2), the words ''the accommodation of'' are
omitted as surplus. The word ''personnel'' is substituted for ''members
of the Armed Forces and civilian personnel'' to eliminate unnecessary
words and for consistency in the revised title and with other titles of
the United States Code. In clause (3), the words ''of the Armed Forces
of the United States . . . institutions operated by the Veterans'
Administration and other'' are omitted as surplus.
In subsection (c)(2), the words ''For the purposes of this section''
are omitted because of the restatement. The words ''in the accounts of
such disbursing officers'' are omitted as unnecessary. The words
''resulting from a transaction under subsection (a) of this section''
are added for clarity. The words ''not used to offset deficiencies from
transactions under subsection (a)'' are substituted for ''resulting from
operations permitted by sections 492a to 492c of this title'' for
clarity and consistency.
Subsection (c)(3) is substituted for 31:492b(2d sentence) to
eliminate unnecessary words and for consistency in the revised title and
with other titles of the Code.
In subsection (d), the words ''rules and . . . governing the
disbursing officers under their respective jurisdictions, as may be
deemed necessary or proper . . . the purposes of'' are omitted as
surplus. The words ''under conditions the Secretary decides are
necessary'' are substituted for ''subject to such terms and conditions
as he may prescribe'' for clarity and consistency. The words ''and
exercise the function of disbursement pursuant to a delegation by the
Secretary of the Treasury'' are omitted as unnecessary.
31 USC 3343. Check forgery insurance fund
TITLE 31 -- MONEY AND FINANCE
(a) The Department of the Treasury has a special deposit revolving
fund, the ''Check Forgery Insurance Fund''. Amounts may be appropriated
to the Fund. The Fund consists of amounts --
(1) appropriated to the Fund; and
(2) received under subsection (d) of this section.
(b) The Secretary of the Treasury shall pay from the Fund to a payee
or special endorsee of a check drawn on the Treasury or a depositary
designated by the Secretary the amount of the check without interest if
--
(1) the check was lost or stolen without the fault of the payee or a
holder that is a special endorsee and whose endorsement is necessary for
further negotiation;
(2) the check was negotiated later and paid by the Secretary or a
depositary on a forged endorsement of the payee's or special endorsee's
name;
(3) the payee or special endorsee has not participated in any part of
the proceeds of the negotiation or payment; and
(4) recovery from the forger, a transferee, or a party on the check
after the forgery has been or may be delayed or unsuccessful.
(c) Notwithstanding section 1306 of this title, a check drawn on a
designated depositary may be paid in the currency of a foreign country
when the appropriate accountable official authorizes payment in that
currency.
(d) The Secretary shall deposit immediately to the credit of the Fund
an amount recovered from a forger or a transferee or party on the check.
However, currency of a foreign country recovered because of a forged
check drawn on a designated depositary shall be credited to the Fund or
to the foreign currency fund that was charged when payment was made
under subsection (b) of this section to the payee or special endorsee.
(e) This section does not relieve --
(1) a forger from civil or criminal liability; or
(2) a transferee or party on a check after the forgery from liability
--
(A) on the express or implied warranty of prior endorsements of the
transferee or party; or
(B) to refund amounts to the Secretary.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 957.)
Subsection (a) is substituted for 31:561 for clarity and consistency
in the revised title and with other titles of the United States Code and
to eliminate unnecessary words.
In subsection (b), the text of 31:563a(1st sentence) is omitted
because of section 321 of the revised title. Before clause (1), the
word ''Secretary'' is substituted for ''Treasurer of the United States''
before ''is authorized and directed'' in 31:562 because of the source
provisions restated in section 321(c) of the revised title. The words
''prior to reclamation'' and ''heretofore or hereafter'' are omitted as
unnecessary. The words ''Treasury or a depositary designated by the
Secretary'' are substituted for ''Treasurer of the United States''
before ''has been lost or stolen'' because of the source provisions
restated in section 321 of the revised title and Department of the
Treasury Order 229 of January 14, 1974 (39 F.R. 2280) and for
consistency in the revised title. The words ''it is established'' are
omitted as unnecessary. In clause (2), the words ''Secretary or a
depositary'' are substituted for ''Treasurer'' for consistency. In
clause (3), the words ''either directly or indirectly'' are omitted as
surplus.
In subsection (c), the words ''drawn on a designated depositary'' are
added because of the restatement.
In subsection (d), the words ''The Secretary shall deposit
immediately to the credit of the Fund amounts recovered from a forger''
are substituted for 31:563(words after 3d comma) to eliminate
unnecessary words. The words ''The liability and restoration provisions
of section 563 of this title shall apply with respect to checks drawn on
designated depositaries'' in 31:563a(last sentence) are omitted as
unnecessary because of the restatement. The words ''because of a forged
check drawn on a designated depositary'' are added for clarity. The
words ''credited to'' are substituted for ''used, as required, to
reimburse'' for clarity and to eliminate unnecessary words. The word
''payment'' is substituted for ''settlement'' for consistency. The
words ''under subsection (b) of this section'' are added for clarity.
In subsection (e), the word ''Secretary'' is substituted for
''Treasurer of the United States'' because of the source provisions
restated in section 321(c) of the revised title.
31 USC CHAPTER 35 -- ACCOUNTING AND COLLECTION
TITLE 31 -- MONEY AND FINANCE
Sec.
3501. Definition.
3511. Prescribing accounting requirements and developing accounting
systems.
3512. Executive agency accounting and other financial management
reports and plans.
3513. Financial reporting and accounting system.
3514. Discontinuing certain accounts maintained by the Comptroller
General.
3515. Financial statements of agencies.
3521. Audits by agencies.
3522. Making and submitting accounts.
3523. General audit authority of the Comptroller General.
3524. Auditing expenditures approved without vouchers.
3525. Auditing nonappropriated fund activities.
3526. Settlement of accounts.
3527. General authority to relieve accountable officials and agents
from liability.
3528. Responsibilities and relief from liability of certifying
officials.
3529. Requests for decisions of the Comptroller General.
3530. Adjusting accounts.
3531. Property returns.
3532. Notification of account deficiencies.
3541. Distress warrants.
3542. Carrying out distress warrants.
3543. Postponing a distress warrant proceeding.
3544. Rights and remedies of the United States Government reserved.
3545. Civil action to recover money.
3551. Definitions.
3552. Protests by interested parties concerning procurement actions.
3553. Review of protests; effect on contracts pending decision.
3554. Decisions on protests.
3555. Regulations; authority of Comptroller General to verify
assertions.
3556. Nonexclusivity of remedies; matters included in agency
record.
1990 -- Pub. L. 101-576, title III, 301(b), 303(f), Nov. 15, 1990,
104 Stat. 2848, 2852, substituted ''and other financial management
reports and plans'' for ''systems'' in item 3512 and added item 3515.
1984 -- Pub. L. 98-369, div. B, title VII, 2741(b), July 18, 1984,
98 Stat. 1203, added subchapter V heading and items 3551 to 3556.
3721, 3723; title 38 section 7807; title 40 section
756; title 48 sections 1469b, 1683; title 49 App.
section 1537.
31 USC SUBCHAPTER I -- GENERAL
TITLE 31 -- MONEY AND FINANCE
31 USC 3501. Definition
TITLE 31 -- MONEY AND FINANCE
In this chapter, ''executive agency'' does not include (except in
section 3513 of this title) a corporation, agency, or instrumentality
subject to chapter 91 of this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 959.)
The words ''As used . . . the term'' are omitted as surplus. The
words ''means any executive department or independent establishment in
the executive branch of the Government'' are omitted because of section
102 of the revised title. The reference to 31:66d is unnecessary
because the defined term is not used in the restatement of 31:66d in
section 3514 of the revised title. The text of 31:65a(words after 4th
comma) is omitted as unnecessary because of 39:410.
31 USC SUBCHAPTER II -- ACCOUNTING REQUIREMENTS, SYSTEMS, AND
INFORMATION
TITLE 31 -- MONEY AND FINANCE
31 USC 3511. Prescribing accounting requirements and developing
accounting systems
TITLE 31 -- MONEY AND FINANCE
(a) The Comptroller General shall prescribe the accounting
principles, standards, and requirements that the head of each executive
agency shall observe. Before prescribing the principles, standards, and
requirements, the Comptroller General shall consult with the Secretary
of the Treasury and the President on their accounting, financial
reporting, and budgetary needs, and shall consider the needs of the
heads of the other executive agencies.
(b) Requirements prescribed under subsection (a) of this section
shall --
(1) provide for suitable integration between the accounting process
of each executive agency and the accounting of the Department of the
Treasury;
(2) allow the head of each agency to carry out section 3512 of this
title; and
(3) provide a method of --
(A) integrated accounting for the United States Government;
(B) complete disclosure of the results of the financial operations of
each agency and the Government; and
(C) financial information and control the President and Congress
require to carry out their responsibilities.
(c) Consistent with subsections (a) and (b) of this section --
(1) the authority of the Comptroller General continues under section
205(b) of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 486(b)); and
(2) the Comptroller General may prescribe the forms, systems, and
procedures that the judicial branch of the Government (except the
Supreme Court) shall observe.
(d) The Comptroller General, the Secretary, and the President shall
conduct a continuous program for improving accounting and financial
reporting in the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 959.)
In the section, the words ''the head of'' are added for consistency
in the revised title and with other titles of the United States Code.
In subsection (a), the words ''of the United States'' are omitted as
surplus. The word ''President'' is substituted for ''Director of the
Office of Management and Budget'' because sections 101 and 102(a) of
Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085)
redesignated the Bureau of the Budget as the Office of Management and
Budget and transferred all functions of the Bureau to the President.
In subsection (b)(3), the words ''as a whole'' and ''respective'' are
omitted as surplus.
Subsection (c)(2) is substituted for 31:49 and the words ''and, to
the extent he deems necessary, the authority vested in him by section 49
of this title'' in 31:66(a) for clarity and consistency. H. Rept.
2556, 81st Cong. (1950), states that the Comptroller General will be
able to prescribe appropriation and fund accounting systems under 31:49
''in terms of principles, standards and related requirements rather than
in terms of detailed forms and procedures''. The reference to the
judicial branch covers authority that the Comptroller General was given
under 31:49 that applies to departments and establishments except the
Supreme Court that was not superseded by the source provisions restated
in subsection (a) of this section.
Pub. L. 101-576, title III, 307, Nov. 15, 1990, 104 Stat. 2855,
provided that: ''No capital accounting standard or principle, including
any human capital standard or principle, shall be adopted for use in an
executive department or agency until such standard has been reported to
the Congress and a period of 45 days of continuous session of the
Congress has expired.''
31 USC 3512. Executive agency accounting and other financial management
reports and plans
TITLE 31 -- MONEY AND FINANCE
(a)(1) The Director of the Office of Management and Budget shall
prepare and submit to the appropriate committees of the Congress a
financial management status report and a governmentwide 5-year financial
management plan.
(2) A financial management status report under this subsection shall
include --
(A) a description and analysis of the status of financial management
in the executive branch;
(B) a summary of the most recently completed financial statements --
(i) of Federal agencies under section 3515 of this title; and
(ii) of Government corporations;
(C) a summary of the most recently completed financial statement
audits and reports --
(i) of Federal agencies under section 3521(e) and (f) of this title;
and
(ii) of Government corporations;
(D) a summary of reports on internal accounting and administrative
control systems submitted to the President and the Congress under the
amendments made by the Federal Managers' Financial Integrity Act of 1982
(Public Law 97-255); and
(E) any other information the Director considers appropriate to fully
inform the Congress regarding the financial management of the Federal
Government.
(3)(A) A governmentwide 5-year financial management plan under this
subsection shall describe the activities the Director, the Deputy
Director for Management, the Controller of the Office of Federal
Financial Management, and agency Chief Financial Officers shall conduct
over the next 5 fiscal years to improve the financial management of the
Federal Government.
(B) Each governmentwide 5-year financial management plan prepared
under this subsection shall --
(i) describe the existing financial management structure and any
changes needed to establish an integrated financial management system;
(ii) be consistent with applicable accounting principles, standards,
and requirements;
(iii) provide a strategy for developing and integrating individual
agency accounting, financial information, and other financial management
systems to ensure adequacy, consistency, and timeliness of financial
information;
(iv) identify and make proposals to eliminate duplicative and
unnecessary systems, including encouraging agencies to share systems
which have sufficient capacity to perform the functions needed;
(v) identify projects to bring existing systems into compliance with
the applicable standards and requirements;
(vi) contain milestones for equipment acquisitions and other actions
necessary to implement the 5-year plan consistent with the requirements
of this section;
(vii) identify financial management personnel needs and actions to
ensure those needs are met;
(viii) include a plan for ensuring the annual audit of financial
statements of executive agencies pursuant to section 3521(h) of this
title; and
(ix) estimate the costs of implementing the governmentwide 5-year
plan.
(4)(A) Not later than 15 months after the date of the enactment of
this subsection, the Director of the Office of Management and Budget
shall submit the first financial management status report and
governmentwide 5-year financial management plan under this subsection to
the appropriate committees of the Congress.
(B)(i) Not later than January 31 of each year thereafter, the
Director of the Office of Management and Budget shall submit to the
appropriate committees of the Congress a financial management status
report and a revised governmentwide 5-year financial management plan to
cover the succeeding 5 fiscal years, including a report on the
accomplishments of the executive branch in implementing the plan during
the preceding fiscal year.
(ii) The Director shall include with each revised governmentwide
5-year financial management plan a description of any substantive
changes in the financial statement audit plan required by paragraph
(3)(B)(viii), progress made by executive agencies in implementing the
audit plan, and any improvements in Federal Government financial
management related to preparation and audit of financial statements of
executive agencies.
(5) Not later than 30 days after receiving each annual report under
section 902(a)(6) of this title, the Director shall transmit to the
Chairman of the Committee on Government Operations of the House of
Representatives and the Chairman of the Committee on Governmental
Affairs of the Senate a final copy of that report and any comments on
the report by the Director.
(b) The head of each executive agency shall establish and maintain
systems of accounting and internal controls that provide --
(1) complete disclosure of the financial results of the activities of
the agency;
(2) adequate financial information the agency needs for management
purposes;
(3) effective control over, and accountability for, assets for which
the agency is responsible, including internal audit;
(4) reliable accounting results that will be the basis for --
(A) preparing and supporting the budget requests of the agency;
(B) controlling the carrying out of the agency budget; and
(C) providing financial information the President requires under
section 1104(e) of this title; and
(5) suitable integration of the accounting of the agency with the
central accounting and reporting responsibilities of the Secretary of
the Treasury under section 3513 of this title.
(c)(1) To ensure compliance with subsection (a)(3) /1/ of this
section and consistent with standards the Comptroller General
prescribes, the head of each executive agency shall establish internal
accounting and administrative controls that reasonably ensure that --
(A) obligations and costs comply with applicable law;
(B) all assets are safeguarded against waste, loss, unauthorized use,
and misappropriation; and
(C) revenues and expenditures applicable to agency operations are
recorded and accounted for properly so that accounts and reliable
financial and statistical reports may be prepared and accountability of
the assets may be maintained.
(2) Standards the Comptroller General prescribes under this
subsection shall include standards to ensure the prompt resolution of
all audit findings.
(d)(1) In consultation with the Comptroller General, the Director of
the Office of Management and Budget --
(A) shall establish by December 31, 1982, guidelines that the head of
each executive agency shall follow in evaluating the internal accounting
and administrative control systems of the agency to decide whether the
systems comply with subsection (b) /1/ of this section; and
(B) may change a guideline when considered necessary.
(2) By December 31 of each year (beginning in 1983), the head of each
executive agency, based on an evaluation conducted according to
guidelines prescribed under paragraph (1) of this subsection, shall
prepare a statement on whether the systems of the agency comply with
subsection (b) /1/ of this section, including --
(A) if the head of an executive agency decides the systems do not
comply with subsection (b) /1/ of this section, a report identifying any
material weakness in the systems and describing the plans and schedule
for correcting the weakness; and
(B) a separate report on whether the accounting system of the agency
conforms to the principles, standards, and requirements the Comptroller
General prescribes under section 3511(a) of this title.
(3) The head of each executive agency shall sign the statement and
reports required by this subsection and submit them to the President and
Congress. The statement and reports are available to the public, except
that information shall be deleted from a statement or report before it
is made available if the information specifically is --
(A) prohibited from disclosure by law; or
(B) required by Executive order to be kept secret in the interest of
national defense or the conduct of foreign affairs.
(e) To assist in preparing a cost-based budget under section 1108(b)
of this title and consistent with principles and standards the
Comptroller General prescribes, the head of each executive agency shall
maintain the accounts of the agency on an accrual basis to show the
resources, liabilities, and costs of operations of the agency. An
accounting system under this subsection shall include monetary property
accounting records.
(f) The Comptroller General shall --
(1) cooperate with the head of each executive agency in developing an
accounting system for the agency; and
(2) approve the system when the Comptroller General considers it to
be adequate and in conformity with the principles, standards, and
requirements prescribed under section 3511 of this title.
(g) The Comptroller General shall review the accounting systems of
each executive agency. The results of a review shall be available to
the head of the executive agency, the Secretary, and the President. The
Comptroller General shall report to Congress on a review when the
Comptroller General considers it proper.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 959; Pub. L. 97-452, 1(
12), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 101-576, title III, 301( a),
Nov. 15, 1990, 104 Stat. 2847.)
In subsection (a)(3), the words ''funds, property, and other'' are
omitted as surplus.
In subsection (a)(4)(C), the word ''President'' is substituted for
''Office of Management and Budget'' because sections 101 and 102(a) of
Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085)
redesignated the Bureau of the Budget as the Office of Management and
Budget and transferred all functions of the Bureau to the President.
In subsection (a)(5), the words ''the accounting of the Treasury
Department in connection with'' are omitted as surplus.
In subsection (b), the words ''As soon as practicable after August 1,
1956'' are omitted as executed. The words ''with a view'',
''adequate'', and ''as an integral part of the system'' are omitted as
surplus.
In subsections (c) and (d), the words ''Comptroller General'' are
substituted for ''General Accounting Office'' for consistency. The word
''considers'' is substituted for ''deemed'' as being more precise.
In subsection (c), the text of 31:66a(b) is omitted as unnecessary.
In clause (1), the words ''the head of'' are added for consistency with
the revised title and other titles of the United States Code. In clause
(2), the words ''under section 3511 of this title'' are substituted for
''by him'' in 31:66(b)(less Treasury Department) for clarity.
In subsection (d), the word ''concerned'' is omitted as surplus. The
word ''President'' is substituted for ''Director of the Office of
Management and Budget'' because sections 101 and 102(a) of
Reorganization Plan No. 2 of 1970 redesignated the Bureau of the Budget
as the Office of Management and Budget and transferred all functions of
the Bureau to the President.
In subsections (b)(1) and (c)(1)(A), the words ''the requirements
of'' are omitted as surplus.
In subsection (b)(1), before clause (A), the words ''the head of''
are added for consistency in the revised title and with other titles of
the United States Code. The word ''provide'' is omitted as surplus. In
clause (B), the word ''all'' is substituted for ''funds, property, and
other'' to eliminate unnecessary words.
In subsection (c)(1)(A), the words ''the head of each executive
agency shall follow'' are substituted for ''agencies'' for clarity and
consistency in the revised title and with other titles of the Code.
In subsection (c)(2), before clause (A), the words ''beginning in''
are substituted for ''succeeding'' because of the restatement. The words
''on whether the systems of the agency comply with subsection (b) of
this section'' are substituted for 31 App.:66a(d)(3)(A) to eliminate
unnecessary words. In clause (B), the word ''related'' is omitted as
surplus.
In subsection (c)(3)(A), the words ''provision of'' are omitted as
surplus.
The Federal Managers' Financial Integrity Act of 1982, referred to in
subsec. (a)(2)(D), is Pub. L. 97-255, Sept. 8, 1982, 96 Stat. 814,
which added subsec. (d) to section 66a of former Title 31, Money and
Finance. Section 66a of former Title 31 was repealed by Pub. L.
97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the
first section thereof as this section. Provisions relating to reports
on internal accounting and administrative control systems are restated
in subsec. (d)(2) and (3) of this section.
The date of the enactment of this subsection, referred to in subsec.
(a)(4)(A), is the date of enactment of Pub. L. 101-576, which added
subsec. (a) and was approved Nov. 15, 1990.
Subsections (a)(3) and (b) of this section, referred to in subsecs.
(c)(1) and (d)(1)(A), (2), were redesignated subsecs. (b)(3) and (c),
respectively. See 1990 Amendment note below.
1990 -- Pub. L. 101-576 substituted ''and other financial management
reports and plans'' for ''systems'' in section catchline, added subsec.
(a), and redesignated former subsecs. (a) to (f) as (b) to (g),
respectively.
1983 -- Subsecs. (b), (c). Pub. L. 97-452 added subsecs. (b) and
(c). Former subsecs. (b) and (c) were redesignated (d) and (e),
respectively.
Subsecs. (d) to (f). Pub. L. 97-452 redesignated former subsecs.
(b) to (d) as (d) to (f), respectively.
8022.
/1/ See References in Text note below.
31 USC 3513. Financial reporting and accounting system
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall prepare reports that will
inform the President, Congress, and the public on the financial
operations of the United States Government. The reports shall include
financial information the President requires. The head of each
executive agency shall give the Secretary reports and information on the
financial conditions and operations of the agency the Secretary requires
to prepare the reports.
(b) The Secretary may --
(1) establish facilities necessary to prepare the reports; and
(2) reorganize the accounting functions and procedures and financial
reports of the Department of the Treasury to develop an effective and
coordinated system of accounting and financial reporting in the
Department that will integrate the accounting results for the Department
and be the operating center for consolidating accounting results of
other executive agencies with accounting results of the Department.
(c) The Comptroller General shall --
(1) cooperate with the Secretary in developing and establishing the
reporting and accounting system under this section; and
(2) approve the system when the Comptroller General considers it to
be adequate and in conformity with the principles, standards, and
requirements prescribed under section 3511 of this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 960.)
In subsection (a), the words ''the results of'' are omitted as
surplus. The words ''The report'' are substituted for ''Provided,
That'' for clarity. The word ''information'' is substituted for
''data'' for consistency. The word ''President'' is substituted for
''Director of the Office of Management and Budget'' because sections 101
and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84
Stat. 2085) redesignated the Bureau of the Budget as the Office of
Management and Budget and transferred all functions of the Bureau to the
President. The words ''in connection with the preparation of the Budget
or for other purposes of the Office'' are omitted as unnecessary. The
words ''The head of'' are added for consistency in the revised title and
with other titles of the United States Code. The words ''by rules and
regulations'' are omitted as unnecessary because of section 321(b) of
this title. The words ''to prepare the reports'' are substituted for
''for the effective performance of his responsibilities under this
section'' for clarity and to eliminate unnecessary words.
In subsection (b)(2), the words ''install, revise, or eliminate'',
''the several bureaus and offices of'', ''with such concentration of
accounting and reporting as is necessary'', and ''the activities of''
are omitted as surplus. The word ''be'' is substituted for ''provide''
for clarity. The text of 31:66b(b)(last sentence) is omitted as
unnecessary because of section 321 of this title.
In subsection (c), before clause (1), the text of 31:66b(c) is
omitted as unnecessary. The words ''Comptroller General'' are
substituted for ''General Accounting Office'' for consistency. In
clause (1), the word ''Secretary'' is substituted for ''Treasury
Department'' in 31:66(b)(related to Treasury Department) for
consistency. The word ''central'' is omitted as surplus. In clause
(2), the word ''considers'' is substituted for ''deemed'' as being more
precise. The words ''under section 3511 of this title'' are substituted
for ''by him'' for clarity.
31 USC 3514. Discontinuing certain accounts maintained by the
Comptroller General
TITLE 31 -- MONEY AND FINANCE
The Comptroller General may discontinue an agency appropriation,
expenditure, limitation, receipt, or personal ledger account maintained
by the Comptroller General when the Comptroller General believes that
the accounting system and internal controls of the agency will allow the
Comptroller General to carry out the functions related to the account.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 960.)
The words ''Comptroller General'' are substituted for ''General
Accounting Office'' for consistency. The word ''agency'' is substituted
for ''executive, legislative, and judicial agencies'' because of
sections 101, 102, and 3501 of the revised title. The word ''properly''
is omitted as surplus.
31 USC 3515. Financial statements of agencies
TITLE 31 -- MONEY AND FINANCE
(a) Not later than March 31 of 1992 and each year thereafter, the
head of each executive agency identified in section 901(b) of this title
shall prepare and submit to the Director of the Office of Management and
Budget a financial statement for the preceding fiscal year, covering --
(1) each revolving fund and trust fund of the agency; and
(2) to the extent practicable, the accounts of each office, bureau,
and activity of the agency which performed substantial commercial
functions during the preceding fiscal year.
(b) Each financial statement of an executive agency under this
section shall reflect --
(1) the overall financial position of the revolving funds, trust
funds, offices, bureaus, and activities covered by the statement,
including assets and liabilities thereof;
(2) results of operations of those revolving funds, trust funds,
offices, bureaus, and activities;
(3) cash flows or changes in financial position of those revolving
funds, trust funds, offices, bureaus, and activities; and
(4) a reconciliation to budget reports of the executive agency for
those revolving funds, trust funds, offices, bureaus, and activities.
(c) The Director of the Office of Management and Budget shall
prescribe the form and content of the financial statements of executive
agencies under this section, consistent with applicable accounting
principles, standards, and requirements.
(d) For purposes of this section, the term ''commercial functions''
includes buying and leasing of real estate, providing insurance, making
loans and loan guarantees, and other credit programs and any activity
involving the provision of a service or thing of value for which a fee,
royalty, rent, or other charge is imposed by an agency for services and
things of value it provides.
(e) Not later than March 31 of each year, the head of each executive
agency designated by the President may prepare and submit to the
Director of the Office of Management and Budget a financial statement
for the preceding fiscal year, covering accounts of offices, bureaus,
and activities of the agency in addition to those described in
subsection (a).
(Added Pub. L. 101-576, title III, 303(a)(1), Nov. 15, 1990, 104
Stat. 2849.)
Approving Designation of Agencies
Section 303(a)(2), (3), (b) of Pub. L. 101-576 provided that:
''(2) Effective date of subsection. -- Subsection (e) of section 3515
of title 31, United States Code, as added by paragraph (1), shall take
effect on the date on which a resolution described in subsection (b)(1)
of this section is passed by the Congress and approved by the President.
''(3) Waiver of requirement. -- The Director of the Office of
Management and Budget may, for fiscal year 1991, waive the application
of section 3515(a) of title 31, United States Code, as amended by this
subsection, with respect to any revolving fund, trust fund, or account
of an executive agency.
''(b) Resolution Approving Designation of Agencies. --
''(1) Resolution described. -- A resolution referred to in subsection
(a)(2) is a joint resolution the matter after the resolving clause of
which is as follows: 'That the Congress approves the executive agencies
designated by the President pursuant to section 3515(e) of title 31,
United States Code.'
''(2) Introduction of resolution. -- No later than the first day of
session following the day on which the President submits to the Congress
a designation of executive agencies authorized to submit financial
statements under section 3515(e) of title 31, United States Code, as
added by subsection (a), a resolution as described in paragraph (1)
shall be introduced (by request) in the House by the chairman of the
Committee on Government Operations of the House of Representatives, or
by a Member or Members of the House designated by such chairman; and
shall be introduced (by request) in the Senate by the chairman of the
Committee on Governmental Affairs of the Senate, or by a Member or
Members of the Senate designated by such chairman.
''(3) Referral. -- A resolution described in paragraph (1), shall be
referred to the Committee on Governmental Affairs of the Senate and the
Committee on Government Operations of the House (and all resolutions
with respect to the same designation of executive agencies shall be
referred to the same committee) by the President of the Senate or the
Speaker of the House of Representatives, as the case may be. The
committee shall make its recommendations to the House of Representatives
or the Senate, respectively, within 60 calendar days of continuous
session of the Congress following the date of such resolution's
introduction.
''(4) Discharge of Committee. -- If the committee to which is
referred a resolution introduced pursuant to paragraph (2) (or, in the
absence of such a resolution, the first resolution introduced with
respect to the same designation of executive agencies) has not reported
such resolution or identical resolution at the end of 60 calendar days
of continuous session of the Congress after its introduction, such
committee shall be deemed to be discharged from further consideration of
such resolution and such resolution shall be placed on the appropriate
calendar of the House involved.
''(5) Procedure after report or discharge of committee; vote on
final passage. -- (A) When the committee has reported, or has been
deemed to be discharged (under paragraph (4)) from further consideration
of, a resolution described in paragraph (1), it is at any time
thereafter in order (even though a previous motion to the same effect
has been disagreed to) for any Member of the respective House to move to
proceed to the consideration of the resolution. The motion is highly
privileged and is not debatable. The motion shall not be subject to
amendment, or to a motion to postpone, or a motion to proceed to the
consideration of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the resolution is agreed to,
the resolution shall remain the unfinished business of the respective
House until disposed of.
''(B) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 10
hours, which shall be divided equally between individuals favoring and
individuals opposing the resolution. A motion further to limit debate
is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other business,
or a motion to recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is passed or rejected shall
not be in order.
''(C) Immediately following the conclusion of the debate on the
resolution and a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the appropriate House, the
vote on final passage of the resolution shall occur.
''(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in paragraph (1), shall be decided without debate.
''(E) If, prior to the passage by one House of a resolution of that
House, that House receives a resolution with respect to the same
designation of executive agencies from the other House, then --
''(i) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
''(ii) the vote on final passage shall be on the resolution of the
other House.
''(F) It shall not be in order in either the House of Representatives
or the Senate to consider a resolution described in paragraph (1), or to
consider any conference report on such a resolution, unless the Director
of the Office of Management and Budget submits to the Congress a report
under subsection (e) (set out below).''
Section 303(c) of Pub. L. 101-576 provided that: ''Not later than
180 days after the date of the enactment of this Act (Nov. 15, 1990),
the Director of the Office of Management and Budget shall determine and
report to the Congress on which executive agencies or parts thereof
perform substantial commercial functions for which financial statements
can be prepared practicably under section 3515 of title 31, United
States Code, as added by this section.''
Section 303(d), (e) of Pub. L. 101-576 provided that:
''(d) Pilot Project. -- (1) Not later than March 31 of each of 1991,
1992, and 1993, the head of the Departments of Agriculture, Labor, and
Veterans Affairs, the General Services Administration, and the Social
Security Administration shall each prepare and submit to the Director of
the Office of Management and Budget financial statements for the
preceding fiscal year for the accounts of all of the offices, bureaus,
and activities of that department or administration.
''(2) Not later than March 31 of each of 1992 and 1993, the head of
the Departments of Housing and Urban Development and the Army shall
prepare and submit to the Director of the Office of Management and
Budget financial statements for the preceding fiscal year for the
accounts of all of the offices, bureaus, and activities of that
department.
''(3) Not later than March 31, 1993, the head of the Department of
the Air Force, the Internal Revenue Service, and the United States
Customs Service, shall each prepare and submit to the Director of the
Office of Management and Budget financial statements for the preceding
fiscal year for the accounts of all of the offices, bureaus, and
activities of that department or service.
''(4) Each financial statement prepared under this subsection shall
be audited in accordance with section 3521(e), (f), (g), and (h) of
title 31, United States Code.
''(e) Report on Initial Financial Statements. -- Not later than June
30, 1993, the Director of the Office of Management and Budget shall
report to the Congress on the financial statements prepared for fiscal
years 1990, 1991, and 1992 under subsection (a) of section 3515 of title
31, United States Code (as added by subsection (a) of this section) and
under subsection (d) of this section. The report shall include analysis
of --
''(1) the accuracy of the data included in the financial statements;
''(2) the difficulties each department and agency encountered in
preparing the data included in the financial statements;
''(3) the benefits derived from the preparation of the financial
statements; and
''(4) the cost associated with preparing and auditing the financial
statements, including a description of any activities that were foregone
as a result of that preparation and auditing.''
31 USC SUBCHAPTER III -- AUDITING AND SETTLING ACCOUNTS
TITLE 31 -- MONEY AND FINANCE
31 USC 3521. Audits by agencies
TITLE 31 -- MONEY AND FINANCE
(a) Each account of an agency shall be audited administratively
before being submitted to the Comptroller General. The head of each
agency shall prescribe regulations for conducting the audit and
designate a place at which the audit is to be conducted. However, a
disbursing official of an executive agency may not administratively
audit vouchers for which the official is responsible. With the consent
of the Comptroller General, the head of the agency may waive any part of
an audit.
(b) The head of an agency may prescribe a statistical sampling
procedure to audit vouchers of the agency when the head of the agency
decides economies will result from using the procedure. The Comptroller
General --
(1) may prescribe the maximum amount of a voucher that may be audited
under this subsection; and
(2) in reviewing the accounting system of the agency, shall evaluate
the adequacy and effectiveness of the procedure.
(c) A disbursing or certifying official acting in good faith under
subsection (b) of this section is not liable for a payment or
certification of a voucher not audited specifically because of the
procedure prescribed under subsection (b) if the official and the head
of the agency carry out diligently collection action the Comptroller
General prescribes.
(d) Subsections (b) and (c) of this section do not --
(1) affect the liability, or authorize the relief, of a payee,
beneficiary, or recipient of an illegal, improper, or incorrect payment;
or
(2) relieve a disbursing or certifying official, the head of an
agency, or the Comptroller General of responsibility in carrying out
collection action against a payee, beneficiary, or recipient.
(e) Each financial statement prepared under section 3515 by an agency
shall be audited in accordance with applicable generally accepted
government auditing standards --
(1) in the case of an agency having an Inspector General appointed
under the Inspector General Act of 1978 (5 U.S.C. App.), by the
Inspector General or by an independent external auditor, as determined
by the Inspector General of the agency; and
(2) in any other case, by an independent external auditor, as
determined by the head of the agency.
(f) Not later than June 30 following the fiscal year for which a
financial statement is submitted under section 3515 of this title by an
agency, the person who audits the statement for purpose of subsection
(e) shall submit a report on the audit to the head of the agency. A
report under this subsection shall be prepared in accordance with
generally accepted government auditing standards.
(g) The Comptroller General of the United States --
(1) may review any audit of a financial statement conducted under
this subsection by an Inspector General or an external auditor;
(2) shall report to the Congress, the Director of the Office of
Management and Budget, and the head of the agency which prepared the
statement, regarding the results of the review and make any
recommendation the Comptroller General considers appropriate; and
(3) may audit a financial statement prepared under section 3515 of
this title at the discretion of the Comptroller General or at the
request of a committee of the Congress.
An audit the Comptroller General performs under this subsection shall
be in lieu of the audit otherwise required by subsection (e) of this
section. Prior to performing such audit, the Comptroller General shall
consult with the Inspector General of the agency which prepared the
statement.
(h) Each financial statement prepared by an executive agency for a
fiscal year after fiscal year 1991 shall be audited in accordance with
this section and the plan required by section 3512(a)(3)(B)(viii) of
this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 961; Pub. L. 101-576,
title III, 304(a), Nov. 15, 1990, 104 Stat. 2852.)
In the section, the word ''audit'' is substituted for
''examination'', and the word ''official'' is substituted for
''officer'', for consistency in the revised title and with other titles
of the United States Code.
In subsection (a), the words ''Except as otherwise provided'' in 31:
82(words before 5th comma) are omitted as unnecessary. The words ''on
and after August 23, 1912'' are omitted as executed. The words ''of an
agency'' are substituted for ''public'' for clarity and consistency.
The words ''preliminary to their audit by the General Accounting Office
. . . as contemplated by section 78 of this title'' are omitted as
unnecessary. The words ''Comptroller General'' are substituted for
''General Accounting Office'' in 31:75 for consistency. The words
''prepared and'' in 31:82(words between 5th and 6th commas) are omitted
as surplus. The words ''by and through the administrative heads of
divisions and bureaus'' are omitted because of the authority vested in
the heads of agencies. The words ''and pay rolls'' are omitted as being
included in ''vouchers''. The text of 31:82(words after 6th comma) is
omitted as executed. The text of 31:75(1st par.) is omitted as
unnecessary because of section 321(b) of the revised title. The words
''head of each agency'' are substituted for ''head of each executive
agency . . . Provided, That the same authority is conferred upon the
officers responsible for the administrative examination of accounts for
legislative and judicial agencies'' in 31:65b and ''heads of the several
executive departments and of the proper officers of other Government
establishments, not within the jurisdiction of any executive
department'' in 31:75 because of sections 101, 102, and 3501 of the
revised title. The words ''shall prescribe regulations for conducting
the audit'' are substituted for ''It shall also be the duty of . . . to
make appropriate rules and regulations to secure a proper administrative
examination of all accounts sent to them, as required by section 78 of
this title'' for consistency and to eliminate unnecessary words. The
words ''and for the execution of other requirements of this chapter
insofar as the same relate to the several departments or
establishments'' are omitted as unnecessary. The words ''or places, at
the seat of government or elsewhere . . . of fiscal officers' accounts''
in 31:65b are omitted as surplus.
In subsection (b), the words ''the Mayor of the District of
Columbia'' are omitted as superseded by sections 448(2) and 449 of the
District of Columbia Self-Government and Governmental Reorganization Act
(Pub. L. 93-198, 87 Stat. 802, 803).
In subsection (c), the words ''made by him'' are omitted as surplus.
The words ''head of the'' are added for consistency. The words ''to
recover the illegal, improper, or incorrect payment in accordance with
procedures'' are omitted as surplus.
The Inspector General Act of 1978, referred to in subsec. (e)(1), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
1990 -- Subsecs. (e) to (h). Pub. L. 101-576 added subsecs. (e) to
(h).
Section 304(b) of Pub. L. 101-576 provided that: ''The Director of
the Office of Management and Budget may waive application of subsections
(e) and (f) of section 3521 of title 31, United States Code, as amended
by this section, to a financial statement submitted by an agency for
fiscal years 1990 and 1991.''
Pub. L. 96-304, title III, 305, July 8, 1980, 94 Stat. 928, provided
that: ''All unresolved audits currently pending within agencies and
departments, for which appropriations are made under this Act, shall be
resolved not later than September 30, 1981. Any new audits, involving
questioned costs, arising after July 8, 1980, shall be resolved within 6
months.''
31 USC 3522. Making and submitting accounts
TITLE 31 -- MONEY AND FINANCE
(a)(1) Unless the Comptroller General decides the public interest
requires that an account be made more frequently, each disbursing
official shall make a quarterly account. An official or agent of the
United States Government receiving public money not authorized to be
kept as pay of the official or agent shall make a monthly account of the
money.
(2) An official or agent of the Government receiving public money
shall make an account of public money received by the official or agent
according to the appropriation from which the money was advanced.
(b)(1) A monthly account shall be submitted to the appropriate
official in the District of Columbia by the 10th day after the end of
the month covered by the account. The official shall submit the account
to the Comptroller General by the 20th day after receiving the account.
(2) An account (except a monthly account) shall be submitted to the
appropriate official in the District of Columbia by the 20th day after
the end of the period covered by the account. The official shall submit
the account to the Comptroller General by the 60th day after receiving
the account.
(3) Notwithstanding paragraphs (1) and (2) of this subsection, an
account of the armed forces shall be submitted to the Comptroller
General by the 60th day after the account is received. However, during
a war or national emergency and for 18 months after the war or emergency
ends, an account shall be submitted to the Comptroller General by the
90th day after the account is received.
(4) Notwithstanding paragraphs (1) and (2) of this subsection, an
account of a disbursing official of the Department of Justice shall be
submitted to the Comptroller General by the 80th day after the account
is received.
(c) An official shall give evidence of compliance with subsection (b)
of this section if an account is not received within a reasonable time
after the time required by subsection (b).
(d) The head of an agency may require other returns or reports about
the agency that the public interest requires.
(e)(1) The Comptroller General shall disapprove a requisition for an
advance of money if an account from which the advance is to be made is
not submitted to the Comptroller General within the time required by
subsection (b) of this section. The Comptroller General may disapprove
the request for another reason related to the condition of an account of
the official for whom the advance is requested. However, the Secretary
of the Treasury may overrule the decision of the Comptroller General on
the sufficiency of the other reasons.
(2) The Secretary may extend the time requirements of subsection
(b)(1) and (2) of this section for submitting an account to the proper
official in the District of Columbia or waive a condition of delinquency
only when there is, or is likely to be, a manifest physical difficulty
in complying with those requirements. If an account is not submitted to
the Comptroller General on time under subsection (b), an order of the
President or, if the President is ill or not in the District of
Columbia, the Secretary is required to authorize an advance.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 961.)
In the section, the words ''Comptroller General'' are substituted for
''General Accounting Office'' for consistency.
In subsection (a)(1), the words ''of the United States'' and ''and
the Secretary of the Senate shall render his accounts as otherwise
provided'' in 31:497 are omitted as unnecessary. The words ''Except as
otherwise provided'' in 31:496 are omitted as unnecessary. The words
''official or agent of the United States Government'' are substituted
for ''officer or agent of the United States'' for consistency in the
revised title and with other titles of the United States Code. The word
''pay'' is substituted for ''salary, pay, or emolument'' for consistency
and to eliminate unnecessary words.
In subsection (a)(2), the words ''official or agent of the
Government'' are substituted for ''officers, agents, or other persons''
for consistency in the revised title and with other titles of the Code.
The word ''distinct'' is omitted as surplus. The word ''received'' is
substituted for ''application'' for consistency in the revised title.
In subsection (b)(1), the text of 31:496(2d sentence) is omitted as
surplus. The text of 31:78(last sentence) is omitted as unnecessary
because of 39:410. The words ''Except as otherwise provided by law'' are
omitted as unnecessary. The words ''mailed or otherwise'' are omitted
as surplus. The words ''District of Columbia'' are substituted for
''Washington'' for consistency. The words ''The official shall submit
the account'' are substituted for ''and shall be transmitted'' for
clarity. The words ''and received by'' are omitted as surplus. The
words ''receiving the account'' are substituted for ''of their actual
receipt at the proper office in Washington'' to eliminate unnecessary
words.
Subsection (b)(2) is substituted for ''and quarterly and other
accounts within twenty days after the period to which they relate'' and
''and sixty days in the case of quarterly and other accounts'' because
of the restatement.
In subsection (b)(3), the source provisions are combined to eliminate
unnecessary words. The words ''Notwithstanding paragraphs (1) and (2)
of this subsection'' are added for clarity. The words ''monthly'' in
31:80 and ''quarterly'' in 31:80c are omitted as unnecessary. The words
''armed forces'' are substituted for ''Army'' in 31:80 and 80a and
''United States Navy, United States Marine Corps, and United States
Coast Guard'' in 31:80b for consistency with title 10. The Air Force is
included because of sections 205(a) and 207(a) and (f) of the National
Security Act of 1947 (ch. 343, 61 Stat. 501, 502) and sections 1 and 53
of the Act of August 10, 1956 (ch. 1041, 70A Stat. 488, 676).
In subsection (b)(4), the words ''Notwithstanding paragraphs (1) and
(2) of this subsection'' are added for clarity. The words ''United
States marshals and other'' are omitted as surplus. The words ''in the
Department of Justice at Washington, District of Columbia'' are omitted
because of the restatement.
In subsection (c), the words ''whose accounts are in default'', ''be
required to'', ''satisfactory'', ''at the General Accounting Office or
proper bureau'', and ''proper'' are omitted as surplus. The words
''after the time required by subsection (b) of this section'' are
substituted for ''thereafter'' for clarity.
In subsection (d), the word ''agency'' is substituted for
''departments'' because of the definition of ''agency'' in section 102
of the revised title. The word ''may'' is substituted for ''Nothing
contained in this section shall, however, be construed to restrain . .
. from'' to eliminate unnecessary words. The words ''about the agency''
are substituted for ''from the officer or agent, subject to the control
of such heads of departments'' for clarity.
In subsection (e)(1), the words ''if an account from which the
advance is to be made is not submitted to the Comptroller General within
the time required by subsection (b) of this section'' are substituted
for ''Should there by any delinquency in this regard'' for clarity.
In subsection (e)(2), the 1st sentence is substituted for 31:78(3d
sentence), and the words ''If an account is not submitted to the
Comptroller General on time under subsection (b)'' are substituted for
''Should there be a delay by the administrative departments beyond the
aforesaid twenty or sixty days in transmitting accounts'', for clarity
and to eliminate unnecessary words. The words ''District of Columbia''
are substituted for ''seat of Government'' for consistency. The words
''in the particular case'' and ''of money requested'' are omitted as
surplus.
31 USC 3523. General audit authority of the Comptroller General
TITLE 31 -- MONEY AND FINANCE
(a) Except as specifically provided by law, the Comptroller General
shall audit the financial transactions of each agency. In deciding on
auditing procedures and the extent to which records are to be inspected,
the Comptroller General shall consider generally accepted auditing
principles, including the effectiveness of accounting organizations and
systems, internal audit and control, and related administrative
practices of each agency.
(b) The Comptroller General shall audit the Architect of the Capitol
at times the Comptroller General considers appropriate. Section 716 of
this title applies to the Architect in conducting the audit. The
Comptroller General shall report the results of the audit to Congress.
Each report shall be printed as a Senate document.
(c)(1) When the Comptroller General decides an audit shall be
conducted at a place at which the records of an executive agency or the
Architect of the Capitol are usually kept, the Comptroller General may
require the head of the agency or the Architect to keep any part of an
account of an accountable official or of a record required to be
submitted to the Comptroller General. The Comptroller General may
require records be kept under conditions and for a period of not more
than 10 years specified by the Comptroller General. However, the
Comptroller General and the head of the agency or the Architect may
agree on a longer period.
(2) The Comptroller General and the head of an agency in the
legislative or judicial branch of the United States Government (except
the Architect) may agree to apply this subsection to the agency.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 962.)
In the section, the words ''Comptroller General'' are substituted for
''General Accounting Office'' for consistency.
In subsection (a), the words ''otherwise'' and ''including but not
limited to the accounts of accountable officers'' are omitted as
surplus. The words ''in accordance with such principles and procedures
and under such rules and regulations as may be prescribed by the
Comptroller General of the United States'' are omitted as unnecessary
because of section 711 of the revised title. The words ''to be
followed'' are omitted as surplus. The words ''to which records are to
be inspected'' are substituted for ''of examination of vouchers and
other documents'' for consistency in the revised title and with other
titles of the United States Code.
In subsection (b), the first sentence is substituted for 31:67(c)(
1st sentence), and the word ''Congress'' is substituted for ''the
President of the Senate and the Speaker of the House of
Representatives'', for consistency and to eliminate unnecessary words.
In subsection (c), the words ''the head of'' are added for
consistency.
In subsection (c)(1), the words ''or places'', ''accounts and
other'', and ''contracts, vouchers, and other'' are omitted as surplus.
The word ''record'' is substituted for ''documents'' for consistency in
the revised title and with other titles of the Code. The words ''under
existing law'' are omitted as surplus.
In subsection (c)(2), the words ''Provided, That'' are omitted
because of the restatement. The words ''the accounts and records of''
are omitted as surplus.
42 sections 2996h, 10711.
31 USC 3524. Auditing expenditures approved without vouchers
TITLE 31 -- MONEY AND FINANCE
(a)(1) The Comptroller General may audit expenditures, accounted for
only on the approval, authorization, or certificate of the President or
an official of an executive agency, to decide if the expenditure was
authorized by law and made. Records and related information shall be
made available to the Comptroller General in conducting the audit.
(2) The Comptroller General may release the results of the audit or
disclose related information only to the President or head of the
agency, or, if there is an unresolved discrepancy, to the Committee on
Governmental Affairs of the Senate, the Committee on Government
Operations of the House of Representatives, and the committees of
Congress having legislative or appropriation oversight of the
expenditure.
(b) Before December 1 of each year, the Director of the Office of
Management and Budget shall submit a report listing each account that
may be subject to this section to the Committees on the Budget and
Appropriations of both Houses of Congress, the Committee on Governmental
Affairs, and to the Committee on Government Operations, and to the
Comptroller General.
(c) The President may exempt from this section a financial
transaction about sensitive foreign intelligence or foreign
counter-intelligence activities or sensitive law enforcement
investigations if an audit would expose the identifying details of an
active investigation or endanger investigative or domestic intelligence
sources involved in the investigation. The exemption may apply to a
class or category of financial transactions.
(d) This section does not --
(1) apply to expenditures under section 102, 103, 105(d)(1), (3), or
(5), or 106(b)(2) or (3) of title 3; or
(2) affect authority under section 8(b) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403j(b)).
(e) Information about a financial transaction exempt under subsection
(c) of this section or a financial transaction under section 8(b) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403j(b)) may be
reviewed by the Permanent Select Committee on Intelligence of the House
and the Select Committee on Intelligence of the Senate.
(f) Subsections (a)(1) and (d)(1) of this section may be superseded
only by a law enacted after April 3, 1980, specifically repealing or
amending this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 963.)
In subsection (a)(1), the words ''Notwithstanding any provision of
law'' are omitted as unnecessary. The words ''may audit'' are added for
clarity and for consistency in the revised section and chapter. The
words ''as may be necessary to enable him'' and ''in fact, actually''
are omitted as surplus. The words ''Records . . . shall be made
available'' are substituted for ''shall have access to such books,
documents, papers, records'' for consistency in the revised title and
with other titles of the United States Code.
In subsection (a)(2), the words ''With respect to any expenditure
accounted for solely on the approval, authorization, or certificate of
the President of the United States or an official of an executive agency
and notwithstanding any provision of law'' are omitted because of the
restatement. The words ''in question'' are omitted as surplus.
In subsection (b), the words ''Before December 1 of each year'' are
substituted for ''Not later than sixty days after the beginning of each
fiscal year'' for clarity. The words ''starting on or after October 1,
1980'' are omitted as executed. The words ''audit by the Comptroller
General under'' and ''the Chairmen of'' are omitted as surplus.
In subsection (c), the words ''proceeding pursuant to the provisions
of paragraph (1) of this subsection'' and ''the safety of'' are omitted
as surplus.
Subsection (d)(1) is substituted for 31:67(f)(1)(last sentence) to
eliminate unnecessary words.
In subsection (e), the words ''from the provisions of paragraph (1)''
are omitted as surplus.
31 USC 3525. Auditing nonappropriated fund activities
TITLE 31 -- MONEY AND FINANCE
(a) The Comptroller General may audit --
(1) the operations and accounts of each nonappropriated fund and
related activities authorized or operated by the head of an executive
agency to sell goods or services to United States Government personnel
and their dependents;
(2) accounting systems and internal controls of the fund and related
activities; and
(3) internal or independent audits or reviews of the fund and related
activities.
(b) The head of each executive agency promptly shall provide the
Comptroller General with --
(1) a copy of the annual report of a nonappropriated fund and related
activities subject to this section when the Comptroller General --
(A) requires a report for a designated class of each fund and related
activities having gross sales receipts of more than $100,000 a year; or
(B) specifically requests a report for another fund and related
activities; and
(2) a statement on the yearly financial operations, financial
condition, and cash flow and other yearly information about the fund and
related activities that the head of the agency and the Comptroller
General agree on if the information is not included in the annual
report.
(c) Records and property of a fund and related activities subject to
this section shall be made available to the Comptroller General to the
extent the Comptroller General considers necessary.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 963.)
In the section, the words ''the head of'' are added for consistency.
In subsection (a), before clause (1), the words ''unless otherwise
provided by law'' are omitted as surplus. The words ''may audit'' are
substituted for ''shall . . . be subject to review'' for consistency.
The words ''in accordance with such principles and procedures and under
such rules and regulations as he may prescribe'' are omitted as
unnecessary because of section 711 of the revised title. In clause (1),
the words ''(including central funds)'' and ''military or other . . .
such as the Army and Air Force Exchange Service, Navy Exchanges, Marine
Corps Exchanges, Coast Guard Exchanges, Exchange Councils of the
National Aeronautics and Space Administration, commissaries, clubs, and
theaters'' are omitted as surplus.
In subsection (b), before clause (1), the words ''the Comptroller
General'' are added for clarity. In clause (1)(B), the words ''for
another fund and related activities'' are substituted for ''in any other
case'' for clarity.
In subsection (c), the words ''and his duly authorized
representatives'' are omitted as unnecessary. The words ''Records . .
. shall be made available'' are substituted for ''shall have access to
those books, accounts, records, documents, reports, files, and other
papers, things'' for consistency in the revised title and with other
titles of the United States Code.
31 USC 3526. Settlement of accounts
TITLE 31 -- MONEY AND FINANCE
(a) The Comptroller General shall settle all accounts of the United
States Government and supervise the recovery of all debts finally
certified by the Comptroller General as due the Government.
(b) A decision of the Comptroller General under section 3529 of this
title is conclusive on the Comptroller General when settling the account
containing the payment.
(c)(1) The Comptroller General shall settle an account of an
accountable official within 3 years after the date the Comptroller
General receives the account. A copy of the certificate of settlement
shall be provided the official.
(2) The settlement of an account is conclusive on the Comptroller
General after 3 years after the account is received by the Comptroller
General. However, an amount may be charged against the account after
the 3-year period when the Government has or may have lost money because
the official acted fraudulently or criminally.
(3) A 3-year period under this subsection is suspended during a war.
(4) This subsection does not prohibit --
(A) recovery of public money illegally or erroneously paid;
(B) recovery from an official of a balance due the Government under a
settlement within the 3-year period; or
(C) an official from clearing an account of questioned items as
prescribed by law.
(d) On settling an account of the Government, the balance certified
by the Comptroller General is conclusive on the executive branch of the
Government. On the initiative of the Comptroller General or on request
of an individual whose accounts are settled or the head of the agency to
which the account relates, the Comptroller General may change the
account within a year after settlement. The decision of the Comptroller
General to change the account is conclusive on the executive branch.
(e) When an amount of money is expended under law for a treaty or
relations with a foreign country, the President may --
(1) authorize the amount to be accounted for each year specifically
by settlement of the Comptroller General when the President decides the
amount expended may be made public; or
(2) make, or have the Secretary of State make, a certificate of the
amount expended if the President decides the amount is not to be
accounted for specifically. The certificate is a sufficient voucher for
the amount stated in the certificate.
(f) The Comptroller General shall keep all settled accounts,
vouchers, certificates, and related papers until they are disposed of as
prescribed by law.
(g) This subchapter does not prohibit the Comptroller General from
suspending an item in an account to get additional evidence or
explanations needed to settle an account.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 964.)
In the section, the words ''Comptroller General'' are substituted for
''General Accounting Office'' for consistency.
In subsection (a), the text of 31:538 and 541 is omitted as executed
and obsolete. The words ''either as debtor or creditor'' in 31:71(
related to accounts) and ''and adjusted'' are omitted as surplus. The
last 17 words are added to restate that part of section 4 of the Act of
July 31, 1894 (ch. 174, 28 Stat. 206), that was inadvertently repealed
in the codification of title 5.
Subsection (b) is substituted for 31:74(last par. words after 4th
comma) for clarity and consistency and because of the restatement.
In subsection (c)(1), the words ''Effective three years after May 19,
1947'' are omitted as executed. The words ''monthly or quarterly . . .
disbursing . . . or certifying'' are omitted as surplus. The word
''official'' is substituted for ''officer'' for consistency in the
revised title and with other titles of the United States Code. The words
''a period of not to exceed'', ''in each case'', and ''involved'' are
omitted as surplus.
In subsection (c)(2), the words ''final and'', ''the expiration of'',
and ''date of'' are omitted as surplus. The words ''However, an amount
may be charged against the account after the 3-year period when'' are
substituted for ''to the extent that no further charges or debts shall
be raised in such account thereafter except as to'' for clarity and
consistency.
Subsection (c)(3) is substituted for 31:82i(last proviso) to
eliminate unnecessary words.
In subsection (c)(4), before clause (A), the words ''Provided, That''
and ''Provided further, That'' are omitted because of the restatement.
In clause (A), the words ''from any payee'' and ''to such payee'' are
omitted as surplus. In clause (B), the words ''disbursing, accountable,
or certifying'', ''found . . . made'', and ''as provided in this
section'' are omitted as surplus. In clause (C), the words ''of his
right at any time'' and ''existing'' are omitted as surplus.
In subsection (d), the text of 31:44(last sentence) is omitted as
executed. The words ''final and'' are omitted as surplus. The words
''an account of the Government'' are substituted for ''public'' for
consistency. The words ''On the initiative of'' and ''after
settlement'' are added for clarity.
In subsection (e), before clause (1), the words ''is expended'' are
substituted for ''has been or shall be issued, from the Treasury'' for
clarity. The words ''the purposes of'' are omitted as surplus. The word
''country'' is substituted for ''nations'' for consistency in the
revised title and with other titles of the Code. The words ''in
pursuance of any law'' are omitted as surplus. In clause (1), the word
''duly'' is omitted as surplus. In clause (2), the words ''if the
President decides the amount is not to be accounted for specifically''
are substituted for ''as he may think it advisable not to specify'' for
clarity. The words ''to have been expended'' are omitted as surplus.
In subsection (f), the word ''settled'' is substituted for ''which
have been finally adjusted'' for consistency. The words ''together
with'' are omitted as surplus.
31 USC 3527. General authority to relieve accountable officials and
agents from liability
TITLE 31 -- MONEY AND FINANCE
(a) Except as provided in subsection (b) of this section, the
Comptroller General may relieve a present or former accountable official
or agent of an agency responsible for the physical loss or deficiency of
public money, vouchers, checks, securities, or records, or may authorize
reimbursement from an appropriation or fund available for the activity
in which the loss or deficiency occurred for the amount of the loss or
deficiency paid by the official or agent as restitution, when --
(1) the head of the agency decides that --
(A) the official or agent was carrying out official duties when the
loss or deficiency occurred, or the loss or deficiency occurred because
of an act or failure to act by a subordinate of the official or agent;
and
(B) the loss or deficiency was not the result of fault or negligence
by the official or agent;
(2) the loss or deficiency was not the result of an illegal or
incorrect payment; and
(3) the Comptroller General agrees with the decision of the head of
the agency.
(b)(1) The Comptroller General shall relieve a disbursing official of
the armed forces responsible for the physical loss or deficiency of
public money, vouchers, or records, or shall authorize reimbursement,
from an appropriation or fund available for reimbursement, of the amount
of the loss or deficiency paid by or for the official as restitution,
when --
(A) the Secretary of Defense or the appropriate Secretary of the
military department of the Department of Defense decides that the
official was carrying out official duties when the loss or deficiency
occurred;
(B) the loss or deficiency was not the result of an illegal or
incorrect payment; and
(C) the loss or deficiency was not the result of fault or negligence
by the official.
(2) The finding of the Secretary involved is conclusive on the
Comptroller General.
(c) On the initiative of the Comptroller General or written
recommendation of the head of an agency, the Comptroller General may
relieve a present or former disbursing official of the agency
responsible for a deficiency in an account because of an illegal,
improper, or incorrect payment, and credit the account for the
deficiency, when the Comptroller General decides that the payment was
not the result of bad faith or lack of reasonable care by the official.
However, the Comptroller General may deny relief when the Comptroller
General decides the head of the agency did not carry out diligently
collection action under procedures prescribed by the Comptroller
General.
(d)(1) When the Comptroller General decides it is necessary to adjust
the account of an official or agent granted relief under subsection (a)
or (c) of this section, the amount of the relief shall be charged --
(A) to an appropriation specifically provided to be charged; or
(B) if no specific appropriation, to the appropriation or fund
available for the expense of the accountable function when the
adjustment is carried out.
(2) Subsection (c) of this section does not --
(A) affect the liability, or authorize the relief, of a payee,
beneficiary, or recipient of an illegal, improper, or incorrect payment;
or
(B) relieve an accountable official, the head of an agency, or the
Comptroller General of responsibility in carrying out collection action
against a payee, beneficiary, or recipient.
(e) Relief provided under this section is in addition to relief
provided under another law.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 965.)
In the section, the word ''official'' is substituted for ''officer'',
and the words ''Comptroller General'' are substituted for ''General
Accounting Office'' for consistency in the revised title and with other
titles of the United States Code.
In subsection (a), before clause (1), the words ''Except as provided
in subsection (b) of this section'' are added for clarity. The words
''disbursing or other'' are omitted as surplus. The words ''public
money, vouchers, checks, securities, or records'' are substituted for
''Government funds, vouchers, records, checks, securities, or papers''
for consistency in the revised title and with other titles of the Code.
The words ''subsequent to August 1, 1947'' are omitted as executed. In
clause (1)(A), the words ''carrying out'' are substituted for ''acting
in the discharge of'' for consistency. The words ''failure to act'' are
substituted for ''omission'' for clarity. Clause (2) is substituted for
31:82a-1(a)(2d sentence), and clause (3) is substituted for 31:
82a-1(1st sentence words between 1st and 2d commas), to eliminate
unnecessary words.
In subsection (b)(1), before clause (A), the words ''armed forces''
are substituted for ''Army, Navy, Air Force, or Marine Corps'' for
consistency with title 10. The words ''responsible for'' are
substituted for ''Whenever . . . incurs or has incurred'' for
consistency. The words ''public money, vouchers, or records'' are
substituted for ''Government funds, vouchers, records, or papers'' for
consistency in the revised title and with other titles of the Code. The
word ''reimbursement'' is substituted for ''that purpose'' for clarity.
In clause (A), the words ''the Secretary of Defense, or'' are added for
clarity because of Comptroller General decision B-201579 (Apr. 1, 1981).
The words ''appropriate Secretary of the military department of the
Department of Defense'' are substituted for ''the Secretary of the
department concerned'', for clarity. The words ''carrying out
official'' are substituted for ''in line of his'' for consistency. In
clause (B), the words ''the loss or deficiency was not the result of an
illegal or incorrect payment'' are substituted for 31:95a(3d sentence)
to eliminate unnecessary words.
In subsection (b)(2), the word ''involved'' is added for clarity
because of Comptroller General decision B-201579, April 1, 1981.
In subsection (c), the words ''or any officer of the General
Accounting Office designated by the Comptroller General'' are omitted as
unnecessary because of section 731 of the revised title. The word
''initiative'' is substituted for ''motion'' for consistency. The words
''findings and'' and ''concerned'' are omitted as surplus. The words
''or his designee'' are omitted as unnecessary because of section 731 of
the revised title. The words ''in his discretion'', ''of accountability
and'', ''official disbursing'', and ''the making of'' are omitted as
surplus. The word ''reasonable'' is substituted for ''due'', the words
''the head of'' are added, and the words ''carry out'' are substituted
for ''pursued'', for consistency.
In subsection (d)(1), before clause (A), the words ''restore or
otherwise'', and the words ''in . . . any amount'' in 31:82a-2(c), are
omitted as surplus. In clause (A), the words ''to be charged'' are
substituted for ''therefor'' for clarity. In clause (B), the words
''carried out'' are substituted for ''effected'' for consistency.
Subsection (e) is substituted for 31:82a-2(b)(last sentence) and
95a(last sentence) to eliminate unnecessary words.
31 USC 3528. Responsibilities and relief from liability of certifying
officials
TITLE 31 -- MONEY AND FINANCE
(a) A certifying official certifying a voucher is responsible for --
(1) information stated in the certificate, voucher, and supporting
records;
(2) the computation of a certified voucher under this section and
section 3325 of this title;
(3) the legality of a proposed payment under the appropriation or
fund involved; and
(4) repaying a payment --
(A) illegal, improper, or incorrect because of an inaccurate or
misleading certificate;
(B) prohibited by law; or
(C) that does not represent a legal obligation under the
appropriation or fund involved.
(b)(1) The Comptroller General may relieve a certifying official from
liability when the Comptroller General decides that --
(A) the certification was based on official records and the official
did not know, and by reasonable diligence and inquiry could not have
discovered, the correct information; or
(B)(i) the obligation was incurred in good faith;
(ii) no law specifically prohibited the payment; and
(iii) the United States Government received value for payment.
(2) The Comptroller General may deny relief when the Comptroller
General decides the head of the agency did not carry out diligently
collection action under procedures prescribed by the Comptroller
General.
(c) The Comptroller General shall relieve a certifying official from
liability for an overpayment --
(1) to a common carrier under section 3726 of this title when the
Comptroller General decides the overpayment occurred only because the
administrative audit before payment did not verify transportation rates,
freight classifications, or land-grant deductions; or
(2) provided under a Government bill of lading or transportation
request when the overpayment was the result of using improper
transportation rates or classifications or the failure to deduct the
proper amount under a land-grant law or agreement.
(d) This section does not apply to disbursements of a military
department of the Department of Defense, except disbursements for
departmental pay and expenses in the District of Columbia.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 966; Pub. L. 98-216, 1(
4), Feb. 14, 1984, 98 Stat. 4.)
In the section, the word ''official'' is substituted for ''officer or
employee'' and ''officer'' for consistency in the revised title and with
other titles of the United States Code.
In subsection (a), before clause (1), the words ''the existence and
correctness of'' are omitted as surplus. In clause (1), the words ''or
otherwise stated on'' are omitted as surplus. The word ''records'' is
substituted for ''papers'' for consistency. Clause (2) is substituted
for 31:82f(related to certifying officers) because of the restatement.
In clause (4), before subclause (A), the word ''repaying'' is
substituted for ''and required to make good to the United States'' to
eliminate unnecessary words. The words ''the amount of'' are omitted as
surplus. In subclause (A), the word ''inaccurate'' is substituted for
''false, inaccurate'' to eliminate an unnecessary word. The words
''made by him'' are omitted as surplus.
In subsection (b), before clause (1), the words ''in his discretion''
and ''for any payment otherwise proper'' are omitted as surplus. Clause
(2)(B) is substituted for ''the payment was not contrary to any
statutory provision specifically prohibiting payments of the character
involved'' to eliminate unnecessary words.
In subsection (c), before clause (1), the word ''services'' in 31:
82c(last proviso) is omitted as surplus. The words ''On and after June
1, 1942'' in 31:82g(related to certifying officers) are omitted as
executed. The word ''audit'' is substituted for ''examination'' for
consistency in the revised title and with other titles of the Code. The
words ''of the transportation bill'' are omitted as surplus. In clause
(2), the words ''equalization and other'' in 31:82g are omitted as
surplus.
In subsection (d), the words ''under the jurisdiction'' are omitted
as surplus. The words ''a military department of the Department of
Defense'' are substituted for ''the Department of the Army, the Navy
Department (including the Marine Corps)'' for consistency with title 10.
The words ''and the Panama Canal'' (subsequently changed to ''the Canal
Zone Government'' by section 2(a)(1) of the Act of September 26, 1950
(ch. 1049, 64 Stat. 1038)) are omitted because of the Panama Canal Act
of 1979 (Pub. L. 96-70, 93 Stat. 452). The word ''pay'' is substituted
for ''salaries'' for consistency in the revised title and with other
titles of the Code.
This clarifies section 3528(b) by restoring the authority of the
Comptroller General to deny relief to certifying officials in the same
way relief may be denied to disbursing officials.
1984 -- Subsec. (b). Pub. L. 98-216 designated existing provisions
as par. (1), substituted designations of subpars. (A) and (B) and cls.
(i), (ii), and (iii) for former designations of pars. (1) and (2) and
subpars. (A), (B), and (C), respectively, and added par. (2).
Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section
4(c) of Pub. L. 98-216, set out as a note under section 490 of Title
18, Crimes and Criminal Procedure.
31 USC 3529. Requests for decisions of the Comptroller General
TITLE 31 -- MONEY AND FINANCE
(a) A disbursing or certifying official or the head of an agency may
request a decision from the Comptroller General on a question involving
--
(1) a payment the disbursing official or head of the agency will
make; or
(2) a voucher presented to a certifying official for certification.
(b) The Comptroller General shall issue a decision requested under
this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 967.)
In subsection (a), before clause (1), the text of 31:82e(related to
82d) is omitted as unnecessary because it does not apply to 31:82d. The
words ''of law'' in 31:82d(words after semicolon) are omitted as
surplus. In clause (1), the words ''or under them'' in 31:74(last par.
words before 4th comma) are omitted as unnecessary. In clause (2), the
words ''a payment on'' in 31:82d(words after semicolon) are omitted as
surplus.
In subsection (b), the word ''issue'' is substituted for ''render''
in 31:74(last par. words before 4th comma) and ''obtain'' in 31:82d(
words after semicolon) because of the restatement.
31 USC 3530. Adjusting accounts
TITLE 31 -- MONEY AND FINANCE
(a) An appropriation or fund currently available for the expense of
an accountable function shall be charged with an amount necessary to
adjust an account of an accountable official or agent when --
(1) necessary to adjust the account for a loss to the United States
Government resulting from the fault or negligence of the official or
agent; and
(2) the head of the agency decides the loss is uncollectable.
(b) An adjustment does not affect the personal financial liability of
an official or agent for the loss.
(c) The Comptroller General shall prescribe regulations to carry out
subsection (a) of this section.
(d) Under procedures prescribed by the Comptroller General, the head
of an agency may charge the net amount of unpaid and overpaid balances
in individual pay accounts against the appropriation for the fiscal year
in which the balances occurred and from which the accounts were payable.
The net amount shall be credited to and paid from the corresponding
appropriation for the next fiscal year.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 967.)
In subsection (a), before clause (1), the words ''restore or
otherwise'' are omitted as surplus. The word ''currently'' is
substituted for ''at the time the restoration or adjustment is made'' to
eliminate unnecessary words. The word ''official'' is substituted for
''officer'' for consistency in the revised title and with other titles
of the United States Code. In clause (2), the words ''concerned'' and
''the amount of'' are omitted as surplus.
In subsection (b), the words ''restoration or'' are omitted as
surplus and because of the restatement.
In subsections (c) and (d), the words ''of the United States'' are
omitted as surplus.
In subsection (c), the words ''and issue'' are omitted as surplus.
The words ''to carry out subsection (a) of this section'' are
substituted for ''The restorations and adjustments provided for by
subsection (a) of this section shall be made in accordance with'' to
eliminate unnecessary words.
In subsection (d), the word ''settlement'' is omitted as surplus.
The words ''the Secretary of the department concerned or . . . or
independent establishment concerned'' are omitted as unnecessary because
of the restatement. The word ''occurring'' is omitted as surplus. The
word ''accounts'' is substituted for ''amount'' before ''was payable''
for clarity. The word ''succeeding'' is omitted as surplus.
31 USC 3531. Property returns
TITLE 31 -- MONEY AND FINANCE
(a) The head of an executive department --
(1) shall certify to the Comptroller General a charge against an
official or agent entrusted with public property for the department
resulting from a loss to the United States Government from the property
because of fault of the official or agent; and
(2) may not forward the property to the Comptroller General.
(b)(1) A certificate under subsection (a) of this section shall state
--
(A) the condition of the property;
(B) that the official or agent has had a reasonable opportunity to be
heard but has not been relieved of liability; and
(C) that the certificate includes all charges not certified
previously.
(2) The effect of information in the certificate is the same as if
the Comptroller General had discovered the information when auditing the
account. The Comptroller General shall charge the appropriate account
for the amount of the loss.
(c) Except as provided in subsection (a) of this section, this
section does not affect the way a property return is made or liability
for property is decided.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 967.)
In the section, the words ''Comptroller General'' are substituted for
''General Accounting Office'' for consistency. The word ''official'' is
substituted for ''officer'' for consistency in the revised title and
with other titles of the United States Code.
In subsection (a), before clause (1), the text of 31:92 is omitted as
unnecessary. The words ''the head of an executive department'' are
substituted for ''the Quartermaster-General, the Commissary-General of
Subsistence, (subsequently changed to 'the Quartermaster General' by
section 3 of the Act of August 24, 1912 (ch. 391, 37 Stat. 591)), the
Surgeon General, the Chief of Engineers, the Chief of Ordnance, the
Chief Signal Officer, the Paymaster General of the Navy, the
Commissioner of Indian Affairs, or other like chief officers in any
department'' to eliminate unnecessary words and because of the
restatement. In clause (1), the words ''for the department'' are
substituted for ''by, through, or under whom stores, supplies, and other
public property are received for distribution, or whose duty it is to
receive or examine returns of such property'' for clarity and to
eliminate unnecessary words. The words ''so intrusted to him'' are
omitted as surplus.
In subsection (b)(1), the text of 31:91(words after semicolon) and
the words ''of such officer's or agent's'' and ''made up to its date''
in 31:90 are omitted as surplus.
In subsection (b)(2), the words ''information in'' are added for
clarity. The words ''when received'' and ''therein set forth'' are
omitted as surplus. The words ''auditing the account'' are substituted
for ''accounting'' for consistency. The words ''for debiting on one
proper account'' are omitted as surplus.
In subsection (c), the words ''to or in any administrative bureau or
department'' and ''under existing laws and regulations'' are omitted as
surplus.
31 USC 3532. Notification of account deficiencies
TITLE 31 -- MONEY AND FINANCE
An accounting official discovering a deficiency in an account of an
official of the United States Government having custody of public money
shall notify the head of the agency having jurisdiction of the official
of the kind and amount of the deficiency.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.)
The word ''official'' is substituted for ''officers'', and the word
''Government'' is added, for consistency in the revised title and with
other titles of the United States Code. The words ''having custody of
public money'' are substituted for ''or in the accounts of any officer
disbursing or chargeable with public money'' for clarity and
consistency. The words ''immediately'' and ''the affairs of . . . or
officer'' are omitted as surplus.
31 USC SUBCHAPTER IV -- COLLECTION
TITLE 31 -- MONEY AND FINANCE
31 USC 3541. Distress warrants
TITLE 31 -- MONEY AND FINANCE
(a) When an official receiving public money before it is paid to the
Treasury or a disbursing or certifying official of the United States
Government does not submit an account or pay the money as prescribed by
law, the Comptroller General shall make the account for the official and
certify to the Secretary of the Treasury the amount due the Government.
(b) The Secretary shall issue a distress warrant against the official
stating the amount due from the official and any amount paid. The
warrant shall be directed to the marshal of the district in which the
official resides. If the Secretary intends to take and sell the
property of an official that is located in a district other than where
the official resides, the warrant shall be directed to the marshal of
the district in which the official resides and the marshal of the
district in which the property is located.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.)
In the section, the word ''official'' is substituted for ''officer''
for consistency in the revised title and with other titles of the United
States Code.
In subsection (a), the words ''any collector of the revenue, receiver
of public money, or other'' in 31:506(1st sentence words before 8th
comma) are omitted as surplus. The words ''or a disbursing or
certifying official'' are substituted for 31:82d(words before
semicolon), 514, and 516 to eliminate unnecessary words. The words ''in
the manner or within the time'' in 31:506(1st sentence words before 8th
comma) are omitted as surplus. The words ''Comptroller General'' are
substituted for ''General Accounting Office'' for consistency in the
revised title and with other titles of the Code. The words ''exhibiting
truly'' are omitted as surplus. The words ''Secretary of the Treasury''
are substituted for ''Solicitor of the Treasury'' (subsequently changed
to ''General Counsel for the Department of the Treasury'' by section 512
of the Act of May 10, 1934 (ch. 277, 48 Stat. 759)) because of the
source provisions restated in section 321(c) of the revised title.
In subsection (b), the words ''delinquent'' in 31:506(1st sentence
words after 8th comma, last sentence) and ''if any, which have been'' in
31:507 are omitted as surplus. The words ''If the Secretary intends to
take and sell the property of an official that is located in a district
other than where the official resides'' are substituted for ''Where the
officer resides in a district other than that in which his estate may
be, which it is intended to take and sell'' in 31:506 for clarity.
31 USC 3542. Carrying out distress warrants
TITLE 31 -- MONEY AND FINANCE
(a) A marshal carrying out a distress warrant issued under section
3541 of this title shall seize the personal property of the official and
sell the property after giving 10 days notice of the sale. Notice shall
be given by posting an advertisement of the property to be sold in at
least 2 public places in the town and county in which the property was
taken or the town and county in which the owner of the property resides.
If the property does not satisfy the amount due under the warrant, the
official may be sent to prison until discharged by law.
(b)(1) The amount due under a warrant is a lien on the real property
of the official from the date the distress warrant is issued. The lien
shall be recorded in the office of the clerk of the appropriate district
court until discharged under law.
(2) If the personal property of the official is not enough to satisfy
a distress warrant, the marshal shall sell real property of the official
after advertising the property for at least 3 weeks in at least 3 public
places in the county or district where the property is located. A buyer
of the real property has valid title against all persons claiming under
the official.
(c) The official shall receive that part of the proceeds of a sale
remaining after the distress warrant is satisfied and the reasonable
costs and charges of the sale are paid.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.)
In the section, the word ''delinquent'' is omitted as surplus.
In subsection (a), the words ''issued under section 3541 of this
title'' are added for clarity. The words ''by himself or by his deputy,
proceed to levy and collect the sum remaining due, by'' are omitted as
surplus. The words ''seize the personal property'' are substituted for
''distress . . . of the goods and chattels'' for clarity. The word
''intended'' is omitted as surplus. The last sentence is substituted
for 31:508(last sentence) to eliminate unnecessary words.
In subsection (b), the words ''real property'' are substituted for
''lands, tenements, and hereditaments'' for clarity.
In subsection (b)(1), the words ''by any delinquent officer'',
''declared to be'', ''of a levy in pursuance of'', and ''against him''
are omitted as surplus.
In subsection (b)(2), the words ''personal property'' are substituted
for ''goods and chattels'' for consistency. The words ''issued pursuant
to sections 506 to 510 of this title'' are omitted because of the
restatement. The words ''or so much thereof as may be necessary for
that purpose'' and ''of such district or his deputy'' are omitted as
unnecessary. The last sentence is substituted for 31:512 to eliminate
unnecessary words.
In subsection (c), the words ''that part'' are substituted for ''All
moneys'' for clarity.
31 USC 3543. Postponing a distress warrant proceeding
TITLE 31 -- MONEY AND FINANCE
(a) A distress warrant proceeding may be postponed for a reasonable
time if the Secretary of the Treasury believes the public interest will
not be harmed by the postponement.
(b)(1) A person adversely affected by a distress warrant issued under
section 3541 of this title may bring a civil action in a district court
of the United States. The complaint shall state the kind and extent of
the harm. The court may grant an injunction to stay any part of a
distress warrant proceeding required by the action after the person
applying for the injunction gives a bond in an amount the court
prescribes for carrying out a judgment.
(2) An injunction under this subsection does not affect a lien under
section 3542(b)(1) of this title. The United States Government is not
required to answer in a civil action brought under this subsection.
(3) If the court dissolves the injunction on a finding that the civil
action for the injunction was brought only for delay, the court may
increase the interest rate imposed on amounts found due against the
complainant to not more than 10 percent a year. The judge may grant or
dissolve an injunction under this subsection either in or out of court.
(c) A person adversely affected by a refusal to grant an injunction
or by dissolving an injunction under subsection (b) of this section may
petition a judge of a circuit court of appeals in which the district is
located or the Supreme Court justice allotted to that circuit by giving
the judge or justice a copy of the proceeding held before the district
judge. The judge or justice may grant an injunction or allow an appeal
if the judge or justice finds the case requires it.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.)
In subsection (a), the words ''With the approval of'' and ''the
institution of'' are omitted as surplus.
In subsections (b) and (c), the words ''person adversely affected''
are substituted for ''person who considers himself aggrieved'' for
consistency in the revised title and with other titles of the United
States Code.
In subsection (b)(1), the words ''bring a civil action . . . court''
are substituted for ''prefer a bill of complaint . . . judge'' for
consistency in the revised title and with other titles of the Code. The
words ''of which he complains'' are omitted as surplus. The words ''any
part of a distress warrant proceeding'' are substituted for
''proceedings on such warrant altogether, or for so much thereof as the
nature of'' to eliminate unnecessary words. The words ''with sufficient
security'' and ''as may be awarded against him'' are omitted as surplus.
In subsection (b)(2), the words ''in any manner'' are omitted as
surplus. The words ''under section 3542(b)(1) of this title'' are
substituted for ''produced by the issuing of the warrant'' for clarity.
The last sentence is substituted for 31:518(2d sentence words before
semicolon) to eliminate unnecessary words.
In subsection (b)(3), the words ''on a finding'' are substituted for
''it appears to the satisfaction of the judge'' for clarity and
consistency and to eliminate unnecessary words. The words ''civil
action'' are substituted for ''application'' for consistency. The words
''increase the interest rate imposed . . . to'' are substituted for
''add to the lawful interest assessed . . . such damages as, with such
lawful interest, shall'' to eliminate unnecessary words. The words
''all'' and ''district'' are omitted as surplus.
In subsection (c), the text of R.S. 3637(last sentence) is omitted
as obsolete because of section 289 of the Act of March 3, 1911 (ch.
231, 36 Stat. 1167). The words ''When the district judge'', ''to stay
proceedings on a distress warrant'', ''after it is granted'', and ''by
the decision in the premises'', are omitted as surplus. The words ''may
petition . . . by giving the judge or justice'' are substituted for
''may lay before'' for clarity. The words ''judge of a circuit court of
appeals'' are substituted for ''circuit judge of the circuit'' for
consistency with 28:43. The words ''Supreme Court justice allotted to
that district'' are substituted for ''circuit justice'' for clarity and
consistency with 28:42. The words ''and thereupon'', ''as the case may
be'', and ''the equity of'' are omitted as surplus.
31 USC 3544. Rights and remedies of the United States Government
reserved
TITLE 31 -- MONEY AND FINANCE
This subchapter does not affect a right or remedy the United States
Government has by law to recover a tax, debt, or demand.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 969.)
The words ''relating to distress warrants'' and ''take away or'' are
omitted as surplus.
31 USC 3545. Civil action to recover money
TITLE 31 -- MONEY AND FINANCE
The Attorney General shall bring a civil action to recover an amount
due to the United States Government on settlement of the account of a
person accountable for public money when the person neglects or refuses
to pay the amount to the Treasury. Any commission of that person and
interest of 6 percent a year from the time the money is received by the
person until repaid to the Treasury shall be added to the amount due on
the account. The commission is forfeited when judgment is obtained.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 969.)
The functions of the First Comptroller of the Treasury, referred to
in Revised Statutes section 3624, were as a matter of law vested in the
Solicitor of the Treasury by Revised Statutes sections 377 and 379
(based on the Act of May 28, 1830, ch. 153, 45 Stat. 414). This function
is now vested in the Attorney General. See 28:507 as enacted in 1948
and revision notes thereto and existing 28:519, 547, and 509. The words
''bring a civil action'' are substituted for ''institute suit'' for
consistency in the revised title and with other titles of the United
States Code. The word ''amount'' is substituted for ''sum or balance''
to eliminate unnecessary words. The words ''reported to be'' are
omitted as surplus. The word ''settlement'' is substituted for
''adjustment'' for consistency. The words ''by the person'' are added
for clarity. The words ''stated to be'', ''in every instance where suit
is commenced and . . . thereon'', and ''it shall be'' are omitted as
surplus.
31 USC SUBCHAPTER V -- PROCUREMENT PROTEST SYSTEM
TITLE 31 -- MONEY AND FINANCE
31 USC 3551. Definitions
TITLE 31 -- MONEY AND FINANCE
In this subchapter --
(1) ''protest'' means a written objection by an interested party to a
solicitation by an /1/ Federal agency for bids or proposals for a
proposed contract for the procurement of property or services or a
written objection by an interested party to a proposed award or the
award of such a contract;
(2) ''interested party'', with respect to a contract or proposed
contract described in paragraph (1), means an actual or prospective
bidder or offeror whose direct economic interest would be affected by
the award of the contract or by failure to award the contract; and
(3) ''Federal agency'' has the meaning given such term by section 3
of the Federal Property and Administrative Services Act of 1949 (40 U.
S.C. 472).
(Added Pub. L. 98-369, div. B, title VII, 2741(a), July 18, 1984, 98
Stat. 1199, and amended Pub. L. 99-145, title XIII, 1304(d), Nov. 8,
1985, 99 Stat. 742.)
1985 -- Par. (1). Pub. L. 99-145 substituted ''Federal agency'' for
''executive agency''.
Section applicable with respect to any protest filed after Jan. 14,
1985, see section 2751(b) of Pub. L. 98-369, set out as a note under
section 251 of Title 41, Public Contracts.
/1/ So in original. Probably should be ''a''.
31 USC 3552. Protests by interested parties concerning procurement
actions
TITLE 31 -- MONEY AND FINANCE
A protest concerning an alleged violation of a procurement statute or
regulation shall be decided by the Comptroller General if filed in
accordance with this subchapter. An interested party who has filed a
protest under section 111(h) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(h)) /1/ with respect to a
procurement or proposed procurement may not file a protest with respect
to that procurement under this subchapter.
(Added Pub. L. 98-369, div. B, title VII, 2741(a), July 18, 1984, 98
Stat. 1199.)
Section 111(h) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 759(h)), referred to in text, was redesignated
section 111(f) of that Act (40 U.S.C. 759(f)) by Pub. L. 99-500, 101(
m) (title VIII, 821(b)(1)(B)), Oct. 18, 1986, 100 Stat. 1783-308,
1783-342, and Pub. L. 99-591, 101(m) (title VIII, 821(b)(1)(B)), Oct.
30, 1986, 100 Stat. 3341-308, 3341-342.
Section applicable with respect to any protest filed after Jan. 14,
1985, see section 2751(b) of Pub. L. 98-369, set out as a note under
section 251 of Title 41, Public Contracts.
/1/ See References in Text note below.
31 USC 3553. Review of protests; effect on contracts pending decision
TITLE 31 -- MONEY AND FINANCE
(a) Under procedures prescribed under section 3555 of this title, the
Comptroller General shall decide a protest submitted to the Comptroller
General by an interested party.
(b)(1) Within one working day of the receipt of a protest, the
Comptroller General shall notify the Federal agency involved of the
protest.
(2) Except as provided in paragraph (3) of this subsection, a Federal
agency receiving a notice of a protested procurement under paragraph (1)
of this subsection shall submit to the Comptroller General a complete
report (including all relevant documents) on the protested procurement
--
(A) within 25 working days from the date of the agency's receipt of
that notice;
(B) if the Comptroller General, upon a showing by the Federal agency,
determines (and states the reasons in writing) that the specific
circumstances of the protest require a longer period, within the longer
period determined by the Comptroller General; or
(C) in a case determined by the Comptroller General to be suitable
for the express option under section 3554(a)(2) of this title, within 10
working days from the date of the Federal agency's receipt of that
determination.
(3) A Federal agency need not submit a report to the Comptroller
General pursuant to paragraph (2) of this subsection if the agency is
sooner notified by the Comptroller General that the protest concerned
has been dismissed under section 3554(a)(3) of this title.
(c)(1) Except as provided in paragraph (2) of this subsection, a
contract may not be awarded in any procurement after the Federal agency
has received notice of a protest with respect to such procurement from
the Comptroller General and while the protest is pending.
(2) The head of the procuring activity responsible for award of a
contract may authorize the award of the contract (notwithstanding a
protest of which the Federal agency has notice under this section) --
(A) upon a written finding that urgent and compelling circumstances
which significantly affect interests of the United States will not
permit waiting for the decision of the Comptroller General under this
subchapter; and
(B) after the Comptroller General is advised of that finding.
(3) A finding may not be made under paragraph (2)(A) of this
subsection unless the award of the contract is otherwise likely to occur
within 30 days thereafter.
(d)(1) If a Federal agency receives notice of a protest under this
section after the contract has been awarded but within 10 days of the
date of the contract award, the Federal agency (except as provided under
paragraph (2)) shall, upon receipt of that notice, immediately direct
the contractor to cease performance under the contract and to suspend
any related activities that may result in additional obligations being
incurred by the United States under that contract. Performance of the
contract may not be resumed while the protest is pending.
(2) The head of the procuring activity responsible for award of a
contract may authorize the performance of the contract (notwithstanding
a protest of which the Federal agency has notice under this section) --
(A) upon a written finding --
(i) that performance of the contract is in the best interests of the
United States; or
(ii) that urgent and compelling circumstances that significantly
affect interests of the United States will not permit waiting for the
decision of the Comptroller General concerning the protest; and
(B) after the Comptroller General is notified of that finding.
(e) The authority of the head of the procuring activity to make
findings and to authorize the award and performance of contracts under
subsections (c) and (d) of this section may not be delegated.
(f) Within such deadlines as the Comptroller General prescribes, upon
request each Federal agency shall provide to an interested party any
document relevant to a protested procurement action (including the
report required by subsection (b)(2) of this section) that would not
give that party a competitive advantage and that the party is otherwise
authorized by law to receive.
(Added Pub. L. 98-369, div. B, title VII, 2741(a), July 18, 1984, 98
Stat. 1200.)
Section applicable with respect to any protest filed after Jan. 14,
1985, see section 2751(b) of Pub. L. 98-369, set out as a note under
section 251 of Title 41, Public Contracts.
31 USC 3554. Decisions on protests
TITLE 31 -- MONEY AND FINANCE
(a)(1) To the maximum extent practicable, the Comptroller General
shall provide for the inexpensive and expeditious resolution of protests
under this subchapter. Except as provided under paragraph (2) of this
subsection, the Comptroller General shall issue a final decision
concerning a protest within 90 working days from the date the protest is
submitted to the Comptroller General.
(2) The Comptroller General shall, by regulation prescribed pursuant
to section 3555 of this title, establish an express option for deciding
those protests which the Comptroller General determines suitable for
resolution within 45 calendar days from the date the protest is
submitted.
(3) The Comptroller General may dismiss a protest that the
Comptroller General determines is frivolous or which, on its face, does
not state a valid basis for protest.
(b)(1) With respect to a solicitation for a contract, or a proposed
award or the award of a contract, protested under this subchapter, the
Comptroller General may determine whether the solicitation, proposed
award, or award complies with statute and regulation. If the
Comptroller General determines that the solicitation, proposed award, or
award does not comply with a statute or regulation, the Comptroller
General shall recommend that the Federal agency --
(A) refrain from exercising any of its options under the contract;
(B) recompete the contract immediately;
(C) issue a new solicitation;
(D) terminate the contract;
(E) award a contract consistent with the requirements of such statute
and regulation;
(F) implement any combination of recommendations under clauses (A),
(B), (C), (D), and (E); or
(G) implement such other recommendations as the Comptroller General
determines to be necessary in order to promote compliance with
procurement statutes and regulations.
(2) If the head of the procuring activity responsible for a contract
makes a finding under section 3553(d)(2)(A)(i) of this title, the
Comptroller General shall make recommendations under this subsection
without regard to any cost or disruption from terminating, recompeting,
or reawarding the contract.
(c)(1) If the Comptroller General determines that a solicitation for
a contract or a proposed award or the award of a contract does not
comply with a statute or regulation, the Comptroller General may declare
an appropriate interested party to be entitled to the costs of --
(A) filing and pursuing the protest, including reasonable attorneys'
fees; and
(B) bid and proposal preparation.
(2) Monetary awards to which a party is declared to be entitled under
paragraph (1) of this subsection shall be paid promptly by the Federal
agency concerned out of funds available to or for the use of the Federal
agency for the procurement of property and services.
(d) Each decision of the Comptroller General under this subchapter
shall be signed by the Comptroller General or a designee for that
purpose. A copy of the decision shall be made available to the
interested parties, the head of the procuring activity responsible for
the solicitation, proposed award, or award of the contract, and the
senior procurement executive of the Federal agency involved.
(e)(1) The head of the procuring activity responsible for the
solicitation, proposed award, or award of the contract shall report to
the Comptroller General, if the Federal agency has not fully implemented
those recommendations within 60 days of receipt of the Comptroller
General's recommendations under subsection (b) of this section.
(2) Not later than January 31 of each year, the Comptroller General
shall transmit to Congress a report describing each instance in which a
Federal agency did not fully implement the Comptroller General's
recommendations during the preceding fiscal year.
(Added Pub. L. 98-369, div. B, title VII, 2741(a), July 18, 1984, 98
Stat. 1201, and amended Pub. L. 100-463, title VIII, 8139, Oct. 1, 1988,
102 Stat. 2270-47.)
1988 -- Subsec. (a)(1). Pub. L. 100-463 struck out ''unless the
Comptroller General determines and states in writing the reasons that
the specific circumstances of the protest require a longer period''
after ''submitted to the Comptroller General'' before period at end.
Section applicable with respect to any protest filed after Jan. 14,
1985, see section 2751(b) of Pub. L. 98-369, set out as a note under
section 251 of Title 41, Public Contracts.
31 USC 3555. Regulations; authority of Comptroller General to verify
assertions
TITLE 31 -- MONEY AND FINANCE
(a) Not later than January 15, 1985, the Comptroller General shall
prescribe such procedures as may be necessary to the expeditious
decision of protests under this subchapter, including procedures for
accelerated resolution of protests under the express option authorized
by section 3554(a)(2) of this title. Such procedures shall provide that
the protest process may not be delayed by the failure of a party to make
a filing within the time provided for the filing.
(b) The Comptroller General may use any authority available under
chapter 7 of this title and this chapter to verify assertions made by
parties in protests under this subchapter.
(Added Pub. L. 98-369, div. B, title VII, 2741(a), July 18, 1984, 98
Stat. 1202.)
Section applicable with respect to any protest filed after Jan. 14,
1985, see section 2751(b) of Pub. L. 98-369, set out as a note under
section 251 of Title 41, Public Contracts.
31 USC 3556. Nonexclusivity of remedies; matters included in agency
record
TITLE 31 -- MONEY AND FINANCE
This subchapter does not give the Comptroller General exclusive
jurisdiction over protests, and nothing contained in this subchapter
shall affect the right of any interested party to file a protest with
the contracting agency or to file an action in a district court of the
United States or the United States Claims Court. In any such action
based on a procurement or proposed procurement with respect to which a
protest has been filed under this subchapter, the reports required by
sections 3553(b)(2) and 3554(e)(1) of this title with respect to such
procurement or proposed procurement and any decision or recommendation
of the Comptroller General under this subchapter with respect to such
procurement or proposed procurement shall be considered to be part of
the agency record subject to review.
(Added Pub. L. 98-369, div. B, title VII, 2741(a), July 18, 1984, 98
Stat. 1202.)
Section applicable with respect to any protest filed after Jan. 14,
1985, see section 2751(b) of Pub. L. 98-369, set out as a note under
section 251 of Title 41, Public Contracts.
31 USC CHAPTER 37 -- CLAIMS
TITLE 31 -- MONEY AND FINANCE
Sec.
3701. Definitions and application.
3702. Authority of the Comptroller General to settle claims.
3711. Collection and compromise.
3712. Time limitations for presenting certain claims of the
Government.
3713. Priority of Government claims.
3714. Keeping money due States in default.
3715. Buying real property of a debtor.
3716. Administrative offset.
3717. Interest and penalty on claims.
3718. Contracts for collection services.
3719. Reports on debt collection activities.
3720. Collection of payments.
3720A. Reduction of tax refund by amount of debt.
3721. Claims of personnel of agencies and the District of Columbia
government for personal property damage or loss.
3722. Claims of officers and employees at Government penal and
correctional institutions.
3723. Small claims for privately owned property damage or loss.
3724. Claims for damages caused by investigative or law enforcement
officers of the Department of Justice.
3725. Claims of non-nationals for personal injury or death in a
foreign country.
3726. Payment for transportation.
3727. Assignments of claims.
3728. Setoff against judgment.
3729. False claims.
3730. Civil actions for false claims.
3731. False claims procedure.
3732. False claims jurisdiction.
3733. Civil investigative demands.
1989 -- Pub. L. 101-203, 1(b)(2), Dec. 7, 1989, 103 Stat. 1805,
substituted ''investigative or law enforcement officers of the
Department of Justice'' for ''the Federal Bureau of Investigation'' in
item 3724.
1986 -- Pub. L. 99-562, 6(b), Oct. 27, 1986, 100 Stat. 3168, added
items 3732 and 3733.
1984 -- Pub. L. 98-369, div. B, title VI, 2652(a)(2), 2653(a)( 2),
July 18, 1984, 98 Stat. 1152, 1154, added items 3720 and 3720A.
1983 -- Pub. L. 97-452, 1(13)(B), (16)(B), Jan. 12, 1983, 96 Stat.
2470, 2474, inserted ''and application'' in item 3701 and added items
3716-3719.
31 USC SUBCHAPTER I -- GENERAL
TITLE 31 -- MONEY AND FINANCE
31 USC 3701. Definitions and application
TITLE 31 -- MONEY AND FINANCE
(a) In this chapter --
(1) ''administrative offset'' means withholding money payable by the
United States Government to, or held by the Government for, a person to
satisfy a debt the person owes the Government.
(2) ''calendar quarter'' means a 3-month period beginning on January
1, April 1, July 1, or October 1.
(3) ''consumer reporting agency'' means --
(A) a consumer reporting agency as that term is defined in section
603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)); or
(B) a person that, for money or on a cooperative basis, regularly --
(i) gets information on consumers to give the information to a
consumer reporting agency; or
(ii) serves as a marketing agent under an arrangement allowing a
third party to get the information from a consumer reporting agency.
(4) ''executive or legislative agency'' means a department, agency,
or instrumentality in the executive or legislative branch of the
Government.
(5) ''military department'' means the Departments of the Army, Navy,
and Air Force.
(6) ''system of records'' has the same meaning given that term in
section 552a(a)(5) of title 5.
(7) ''uniformed services'' means the Army, Navy, Air Force, Marine
Corps, Coast Guard, Commissioned Corps of the National Oceanic and
Atmospheric Administration, and Commissioned Corps of the Public Health
Service.
(b) In subchapter II of this chapter, ''claim'' includes amounts
owing on account of loans insured or guaranteed by the Government and
other amounts due the Government.
(c) In sections 3716 and 3717 of this title, ''person'' does not
include an agency of the United States Government, of a State
government, or of a unit of general local government.
(d) Sections 3711(f) and 3716-3719 of this title do not apply to a
claim or debt under, or to an amount payable under, the Internal Revenue
Code of 1986 (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C.
301 et seq.), or the tariff laws of the United States.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 970; Pub. L. 97-452, 1(
13)(A), Jan. 12, 1983, 96 Stat. 2469; Pub. L. 99-514, 2, Oct. 22, 1986,
100 Stat. 2095.)
Clause (1) is substituted for 31:951(a) for consistency. The text of
31:951(b) is omitted as unnecessary because of laws vesting authority in
the commission, board, or other group of individuals and for consistency
in the revised title and with other titles of the United States Code.
In clause (2), the text of 31:240(1) is omitted as unnecessary
because of the restatement.
In subsections (a)(1), (b), and (c), the word ''Government'' is added
for consistency in the revised title and with other titles of the United
States Code.
In subsection (a)(3)(B), before clause (i), the word ''money'' is
substituted for ''monetary fees, dues'' to eliminate unnecessary words.
The words ''engages in whole or in part in the practice of'' are omitted
as surplus. In clause (i), the words ''credit or other'' and ''(as
defined in clause (i) of this subparagraph)'' are omitted as surplus.
In subsection (a)(6), 31 App.:952(d)(4)(C) is omitted as unnecessary.
In subsection (b), the words ''all . . . from fees, duties, leases,
rents, royalties, services, sales of real or personal property,
overpayments, fines, penalties, damages, interest, taxes, forfeitures,
and other sources'' are omitted as surplus.
In subsection (c), the words ''unit of general'' are added for
consistency in the revised title.
In subsection (d), the word ''arising'' is omitted as surplus.
The Social Security Act, referred to in subsec. (d), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 ( 301 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
The tariff laws of the United States, referred to in subsec. (d),
are classified generally to Title 19, Customs Duties.
1986 -- Subsec. (d). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
1983 -- Pub. L. 97-452 designated existing provisions as subsec.
(a), added pars. (1), (2), and (3), redesignated former par. (1) as
(4) and substituted ''Government'' for ''United States Government'',
redesignated former par. (2) as (5), added par. (6), redesignated
former par. (3) as (7) and struck out ''the'' before ''Commissioned
Corps'' in two places, and added subsecs. (b) to (d).
Pub. L. 99-562, 1, Oct. 27, 1986, 100 Stat. 3153, provided that:
''This Act (enacting sections 3732 and 3733 of this title and amending
sections 3729 to 3731 of this title and section 287 of Title 18, Crimes
and Criminal Procedure) may be cited as the 'False Claims Amendments Act
of 1986'.''
Promulgated by Secretary of Senate
Pub. L. 101-163, title I, 11, Nov. 21, 1989, 103 Stat. 1046,
provided that:
''(a) For purposes of subchapters I and II of chapter 37 of title 31,
United States Code (relating to claims of or against the United States
Government), the United States Senate shall be considered to be a
legislative agency (as defined in section 3701(a)(4) of such title), and
the Secretary of the Senate shall be deemed to be the head of such
legislative agency.
''(b) Regulations prescribed by the Secretary of the Senate pursuant
to section 3716 of title 31, United States Code, shall not become
effective until they are approved by the Senate Committee on Rules and
Administration.''
31 USC 3702. Authority of the Comptroller General to settle claims
TITLE 31 -- MONEY AND FINANCE
(a) Except as provided in this chapter or another law, the
Comptroller General shall settle all claims of or against the United
States Government. A claim that was not administratively examined
before submission to the Comptroller General shall be examined by 2
officers or employees of the General Accounting Office independently of
each other.
(b)(1) A claim against the Government presented under this section
must contain the signature and address of the claimant or an authorized
representative. The claim must be received by the Comptroller General
within 6 years after the claim accrues except --
(A) as provided in this chapter or another law; or
(B) a claim of a State, the District of Columbia, or a territory or
possession of the United States.
(2) When the claim of a member of the armed forces accrues during war
or within 5 years before war begins, the claim must be presented to the
Comptroller General within 5 years after peace is established or within
the period provided in clause (1) of this subsection, whichever is
later.
(3) The Comptroller General shall return a claim not received in the
time required under this subsection with a copy of this subsection and
no further communication is required.
(c) One-Year Limit for Check Claims. -- (1) Any claim on account of a
Treasury check shall be barred unless it is presented to the agency that
authorized the issuance of such check within 1 year after the date of
issuance of the check or the effective date of this subsection,
whichever is later.
(2) Nothing in this subsection affects the underlying obligation of
the United States, or any agency thereof, for which a Treasury check was
issued.
(d) The Comptroller General shall report to Congress on a claim
against the Government that is timely presented under this section that
may not be adjusted by using an existing appropriation, and that the
Comptroller General believes Congress should consider for legal or
equitable reasons. The report shall include recommendations of the
Comptroller General.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 970; Pub. L. 97-452, 1(
14), Jan. 12, 1983, 96 Stat. 2470; Pub. L. 100-86, title X, 1004(b),
Aug. 10, 1987, 101 Stat. 659.)
In the section, the words ''Comptroller General'' are substituted for
''General Accounting Office'' for consistency.
In subsection (a), the words ''Except as provided in this chapter or
another law'' are added for clarity. The words ''and demands whatever''
and ''and adjusted'' are omitted as surplus. The words ''officers or
employees of the General Accounting Office'' are substituted for ''of
his subordinates'' for clarity and consistency in the revised title and
with other titles of the United States Code.
In subsection (b)(1), before clause (A), the words ''or demand'' are
omitted as surplus. The word ''Government'' is substituted for ''United
States'' for consistency in the revised title and with other titles of
the Code. The word ''representative'' is substituted for ''agent or
attorney'' to eliminate unnecessary words. The words ''received by the
Comptroller General'' are substituted for ''received in said office''
for clarity and consistency. The words ''the date'' are omitted as
surplus. Clause (A) is added for clarity. In clause (B), the words
''cognizable by the General Accounting Office under sections 71 and 236
of this title'' are omitted as unnecessary because of the restatement.
In subsection (b)(2), the words ''member of the armed forces'' are
substituted for ''person serving in the military or naval forces of the
United States'' for consistency with title 10. The words ''to the
Comptroller General'' are added for clarity.
In subsection (b)(3), the words ''to the claimant'' are omitted as
surplus. The words ''not received in the time required'' are
substituted for ''barred by'' because of the restatement. The words
''no further communication is required'' are substituted for ''such
action shall be a complete response without further communication'' to
eliminate unnecessary words.
In subsection (c), the text of 31:122(1st sentence words before 2d
comma and last sentence) is omitted as executed. The words ''Secretary
of the Treasury'' are substituted for ''Treasury Department'' for
consistency. The word ''Secretary'' is substituted for ''Treasurer of
the United States'' because of Department of the Treasury Order 229 of
January 14, 1974 (39 F.R. 2280).
In subsection (d), the words ''report . . . on'' are substituted for
''submit the same . . . by a special report . . . the material facts''
to eliminate unnecessary words. The words ''or demand'' are omitted as
surplus. The word ''Government'' is substituted for ''United States'',
and the words ''presented under this section'' are substituted for
''filed in the General Accounting Office'' for consistency. The words
''lawfully'', ''the use of'', and ''thereon'' are omitted as surplus.
This amends 31:3702(b)(2) by inserting a word inadvertently omitted
in the codification of title 31.
The effective date of this subsection, referred to in subsec. (c)(
1), probably means the effective date of subsec. (c) of this section as
amended by section 1004(b) of Pub. L. 100-86, which is effective 6
months after Aug. 10, 1987, or on such later date as the Secretary of
the Treasury may prescribe in regulations. See Effective Date of 1987
Amendment note below.
1987 -- Subsec. (c). Pub. L. 100-86 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ''A claim on a check
or warrant that the records of the Comptroller General or the Secretary
of the Treasury show as being paid must be presented to the Comptroller
General or the Secretary within 6 years after the check or warrant was
issued.''
1983 -- Subsec. (b)(2). Pub. L. 97-452 inserted ''this'' before
''subsection''.
Amendment by Pub. L. 100-86 effective 6 months after Aug. 10, 1987,
or on such later date as the Secretary of the Treasury may prescribe in
regulations, see section 1006 of Pub. L. 100-86, set out as a note
under section 3328 of this title.
Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L.
97-452, set out as a note under section 3331 of this title.
For provision permitting Secretary of the Treasury to prescribe
rules, regulations, and procedures as necessary to implement amendment
by section 1004(b) of Pub. L. 100-86, including recertification of
Treasury checks which have been canceled or for which a claim has been
asserted or barred, see section 1005 of Pub. L. 100-86, set out as a
note under section 3328 of this title.
31 USC SUBCHAPTER II -- CLAIMS OF THE UNITED STATES GOVERNMENT
TITLE 31 -- MONEY AND FINANCE
31 USC 3711. Collection and compromise
TITLE 31 -- MONEY AND FINANCE
(a) The head of an executive or legislative agency --
(1) shall try to collect a claim of the United States Government for
money or property arising out of the activities of, or referred to, the
agency;
(2) may compromise a claim of the Government of not more than
$100,000 (excluding interest) or such higher amount as the Attorney
General may from time to time prescribe that has not been referred to
another executive or legislative agency for further collection action;
and
(3) may suspend or end collection action on a claim referred to in
clause (2) of this subsection when it appears that no person liable on
the claim has the present or prospective ability to pay a significant
amount of the claim or the cost of collecting the claim is likely to be
more than the amount recovered.
(b) The Comptroller General has the same authority that the head of
the agency has under subsection (a) of this section when the claim is
referred to the Comptroller General for further collection action. Only
the Comptroller General may compromise a claim arising out of an
exception the Comptroller General makes in the account of an accountable
official.
(c)(1) The head of an executive or legislative agency may not act
under subsection (a)(2) or (3) of this section on a claim that appears
to be fraudulent, false, or misrepresented by a party with an interest
in the claim, or that is based on conduct in violation of the antitrust
laws.
(2) The Secretary of Transportation may not compromise for less than
$250 a penalty under section 6 of the Act of March 2, 1893 (45 U.S.C.
6), section 4 of the Act of April 14, 1910 (45 U.S.C. 13), section 9 of
the Act of February 17, 1911 (45 U.S.C. 34), and section 25(h) of the
Interstate Commerce Act (49 App. U.S.C. 26(h)).
(d) A compromise under this section is final and conclusive unless
gotten by fraud, misrepresentation, presenting a false claim, or mutual
mistake of fact. An accountable official is not liable for an amount
paid or for the value of property lost or damaged if the amount or value
is not recovered because of a compromise under this section.
(e) The head of an executive or legislative agency acts under --
(1) regulations prescribed by the head of the agency; and
(2) standards that the Attorney General and the Comptroller General
may prescribe jointly.
(f)(1) When trying to collect a claim of the Government under a law
except the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), the head
of an executive or legislative agency may disclose to a consumer
reporting agency information from a system of records that an individual
is responsible for a claim if --
(A) notice required by section 552a(e)(4) of title 5 indicates that
information in the system may be disclosed to a consumer reporting
agency;
(B) the head of the agency has reviewed the claim and decided that
the claim is valid and overdue;
(C) the head of the agency has notified the individual in writing --
(i) that payment of the claim is overdue;
(ii) that, within not less than 60 days after sending the notice, the
head of the agency intends to disclose to a consumer reporting agency
that the individual is responsible for the claim;
(iii) of the specific information to be disclosed to the consumer
reporting agency; and
(iv) of the rights the individual has to a complete explanation of
the claim, to dispute information in the records of the agency about the
claim, and to administrative repeal or review of the claim;
(D) the individual has not --
(i) repaid or agreed to repay the claim under a written repayment
plan that the individual has signed and the head of the agency has
agreed to; or
(ii) filed for review of the claim under paragraph (2) of this
subsection;
(E) the head of the agency has established procedures to --
(i) disclose promptly, to each consumer reporting agency to which the
original disclosure was made, a substantial change in the condition or
amount of the claim;
(ii) verify or correct promptly information about the claim on
request of a consumer reporting agency for verification of information
disclosed; and
(iii) get satisfactory assurances from each consumer reporting agency
that the agency is complying with all laws of the United States related
to providing consumer credit information; and
(F) the information disclosed to the consumer reporting agency is
limited to --
(i) information necessary to establish the identity of the
individual, including name, address, and taxpayer identification number;
(ii) the amount, status, and history of the claim; and
(iii) the agency or program under which the claim arose.
(2) Before disclosing information to a consumer reporting agency
under paragraph (1) of this subsection and at other times allowed by
law, the head of an executive or legislative agency shall provide, on
request of an individual alleged by the agency to be responsible for the
claim, for a review of the obligation of the individual, including an
opportunity for reconsideration of the initial decision on the claim.
(3) Before disclosing information to a consumer reporting agency
under paragraph (1) of this subsection, the head of an executive or
legislative agency shall take reasonable action to locate an individual
for whom the head of the agency does not have a current address to send
the notice under paragraph (1)(C).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 971; Pub. L. 97-452, 1(
15), Jan. 12, 1983, 96 Stat. 2470; Pub. L. 98-216, 1(5), Feb. 14, 1984,
98 Stat. 4; Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
101-552, 8(b), Nov. 15, 1990, 104 Stat. 2746.)
For termination of amendment by section 11 of Pub. L. 101-552, see
Termination Date of 1990 Amendment; Savings Provision note below.
In the section, the words ''executive or legislative agency'' are
substituted for ''agency'' because of the restatement. The words ''or
his designee'' are omitted as unnecessary.
In subsection (a), the word ''Government'' is added for consistency.
In clause (2), the words ''including the General Accounting Office'' are
omitted as surplus. In clause (3), the word ''financial'' is omitted as
surplus.
In subsections (b) and (d), the word ''official'' is substituted for
''officer'' for consistency.
In subsection (b), the words ''Comptroller General'' are substituted
for ''General Accounting Office'' for consistency. The words ''has the
same authority that the head of the agency has'' are substituted for
''have the foregoing authority'' for clarity. The words ''by another
agency'' are omitted as surplus. The words ''only . . . may
compromise'' are substituted for ''nor shall the head of an agency,
other than . . . have authority to compromise'' to eliminate unnecessary
words.
In subsection (c)(1), the words ''that appears to be fraudulent,
false, or misrepresented by'' are substituted for ''as to which there is
an indication of fraud, the presentation of a false claim, or
misrepresentation on the part of'' to eliminate unnecessary words. The
words ''the debtor or . . . other'' and ''in whole or in part'' are
omitted as surplus.
In subsection (c)(2), the words ''Notwithstanding any provision of
the Federal Claims Collection Act of 1966'' are omitted as unnecessary.
The words ''arising'' and ''an amount'' are omitted as surplus.
In subsection (d), the words ''effected . . . authority conferred
by'', ''on the debtor and on all officials, agencies, and courts of the
United States'', ''destroyed'', and ''with a person primarily
responsible'' are omitted as surplus.
In subsection (e), the words ''in conformity with'' are omitted as
surplus.
In subsection (f)(1), before clause (A), the word ''Government'' is
substituted for ''United States'' for consistency in the revised title
and with other titles of the United States Code. The words ''subsection
(a) of this section, or under any other'' are omitted as surplus. The
word ''law'' is substituted for ''statutory authority'' to eliminate
unnecessary words. In clause (A), the words ''for the system of
records'' are omitted as surplus. In clause (C)(iii), the word
''intended'' is omitted as surplus. In clause (E)(ii), the words ''as
appropriate'' and ''any or all'' are omitted as surplus. In clause
(E)(iii), the words ''all laws of the United States'' are coextensive
with and substituted for ''the Fair Credit Reporting Act (15 U.S.C. 1681
et seq.) and any other Federal law''.
This is necessary to reflect the transfer of the non-positive law
provisions of title 49 to title 49 appendix.
1990 -- Subsec. (a)(2). Pub. L. 101-552 temporarily substituted
''$100,000 (excluding interest) or such higher amount as the Attorney
General may from time to time prescribe'' for ''$20,000 (excluding
interest)''. See Termination Date of 1990 Amendment; Savings Provision
note below.
1986 -- Subsec. (f)(1). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
1984 -- Subsec. (c)(2). Pub. L. 98-216 substituted ''(49 App. U.S.
C. 26(h))'' for ''(49 U.S.C. 26(h))''.
1983 -- Subsec. (f). Pub. L. 97-452 added subsec. (f).
For termination of amendments by Pub. L. 101-552 and authority to
use dispute resolution proceedings on Oct. 1, 1995, except with respect
to certain pending proceedings, see section 11 of Pub. L. 101-552, set
out as a Termination Date; Savings Provision note under section 581 of
Title 5, Government Organization and Employees.
Pub. L. 89-508, 4, July 19, 1966, 80 Stat. 309, provided that:
''Nothing in this Act (now this section) shall increase or diminish the
existing authority of the head of an agency to litigate claims, or
diminish his existing authority to settle, compromise, or close
claims.''
Waiver of claims for overpayment of pay and allowances of employees
of Executive agencies, see section 5584 of Title 5, Government
Organization and Employees.
10 section 2780; title 18 section 1114; title 22
section 2671; title 26 section 6103; title 37
section 559; title 38 section 5301; title 42 section
5042; title 45 sections 6, 13, 34, 43, 64a; title 49
App. section 26.
31 USC 3712. Time limitations for presenting certain claims of the
Government
TITLE 31 -- MONEY AND FINANCE
(a) Claims Over Forged or Unauthorized Endorsements. --
(1) Period for claims. -- If the Secretary of the Treasury determines
that a Treasury check has been paid over a forged or unauthorized
endorsement, the Secretary may reclaim the amount of such check from the
presenting bank or any other endorser that has breached its guarantee of
endorsements prior to --
(A) the end of the 1-year period beginning on the date of payment;
or
(B) the expiration of the 180-day period beginning on the close of
the period described in subparagraph (A) if a timely claim is received
under section 3702.
(2) Civil actions. -- (A) Except as provided in subparagraph (B), the
United States may bring a civil action to enforce the liability of an
endorser, transferor, depository, or fiscal agent on a forged or
unauthorized signature or endorsement on, or a change in, a check or
warrant issued by the Secretary of the Treasury, the United States
Postal Service, or any disbursing official or agent not later than 1
year after a check or warrant is presented to the drawee for payment.
(B) If the United States has given an endorser written notice of a
claim against the endorser within the time allowed by subparagraph (A),
the 1-year period for bringing a civil action on that claim under
subparagraph (A) shall be extended by 3 years.
(3) Effect on agency authority. -- Nothing in this subsection shall
be construed to limit the authority of any agency under subchapter II of
chapter 37 of this title.
(b) Notwithstanding subsection (a) of this section, a civil action
may be brought within 2 years after the claim is discovered when an
endorser, transferor, depositary, or fiscal agent fraudulently conceals
the claim from an officer or employee of the Government entitled to
bring the civil action.
(c) The Comptroller General shall credit the appropriate account of
the Treasury for the amount of a check or warrant for which a civil
action cannot be brought because notice was not given within the time
required under subsection (a) of this section if the failure to give
notice was not the result of negligence of the Secretary.
(d) The Government waives all claims against a person arising from
dual pay from the Government if the dual pay is not reported to the
Comptroller General for collection within 6 years from the last date of
a period of dual pay.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 971; Pub. L. 100-86, title
X, 1004(a), Aug. 10, 1987, 101 Stat. 659.)
In the section, the words ''Comptroller General'' are substituted for
''General Accounting Office'' for consistency.
In subsection (a), the words ''civil action'' are substituted for
''proceeding in any court'', ''court proceeding'', and ''proceeding'',
and the word ''fiscal'' is substituted for ''financial'', for
consistency in the revised title and with other titles of the United
States Code. The words ''Except as provided in this subsection'' are
added for clarity. The words ''or by an agency or official of the
United States'' are omitted as surplus. The words ''the Postmaster
General'' are omitted because of section 4(a) of the Postal
Reorganization Act (Pub. L. 91-375, 84 Stat. 773). The words ''the
Treasurer and Assistant Treasurers of the United States'' are omitted
because of the source provisions restated in section 321 of the revised
title and Department of the Treasury Order 229 of January 14, 1974 (39
F.R. 2280). The word ''official'' is substituted for ''officers'' for
consistency in the revised title and with other titles of the Code. The
words ''of the United States'', ''to the Treasurer of the United States
or other drawee'', and ''of such check, checks, warrant, or warrants''
are omitted as surplus. The text of 31:129(last sentence less proviso)
is omitted as unnecessary. The last sentence is substituted for 31:
129(last sentence proviso) to eliminate unnecessary words.
In subsection (b), the words ''at any time'' in 31:131 are omitted as
surplus. The words ''the claim is discovered'' are substituted for
''the United States or any agency or official of the United States who
is entitled to bring the same shall discover that the United States or
any agency or official of the United States had such cause of action''
to eliminate unnecessary words. The words ''who is liable to any of the
actions mentioned in sections 129 to 131 of this title'' are omitted as
surplus. The words ''officer or employee of the Government'' are
substituted for ''United States or any agency or official of the United
States'' before ''entitled'' for consistency in the revised title and
with other titles of the Code. The words ''although such action would
be otherwise barred by the provisions of sections 129 to 131 of this
title'' are omitted as surplus.
In subsection (c), the words ''of the United States'' and ''allow .
. . in'' are omitted as surplus. The word ''appropriate'' is added for
clarity. The word ''Treasury'' is substituted for ''Treasurer of the
United States'' before ''for the amount'' because of the source
provisions restated in section 321 of the revised title and Department
of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words
''cannot be brought because notice was not given within the time
required under this subsection'' are substituted for ''shall have been
barred pursuant to the provisions of sections 129 to 131 of this title
upon a showing that the barring of such proceedings . . . required by
the provision of section 129 of this title'' for clarity. The word
''Secretary'' is substituted for ''Treasurer of the United States''
before ''in failing'' because of the source provisions restated in
section 321 of the revised title and Department of the Treasury Order
229 of January 14, 1974.
In subsection (d), the words ''arising from dual pay'' are
substituted for ''arising out of the receipt by such person of
compensation . . . in violation of any provision of law prohibiting or
restricting the receipt of dual compensation'' to eliminate unnecessary
words and for consistency in the revised title and with other titles of
the Code. The words ''including Government owned or controlled
corporations'' are omitted as unnecessary. The words ''or from the
government of the District of Columbia'' are omitted because of sections
102(a), 448, 449, and 761 of the District of Columbia Self-Government
and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 777, 801,
836).
1987 -- Subsec. (a). Pub. L. 100-86 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''Except as provided
in this subsection, the United States Government must bring a civil
action to enforce the liability of an endorser, transferor, depositary,
or fiscal agent on a forged or unauthorized signature or endorsement on,
or a change in, a check or warrant issued by the Secretary of the
Treasury, the United States Postal Service, or a disbursing official or
agent within 6 years after the check or warrant is presented to the
drawee of the check or warrant for payment unless, within that period,
written notice of the claim is given to the endorser, transferor,
depositary, or fiscal agent. The period for bringing a civil action or
giving notice is extended for 180 days if a claim is received under
section 3702(c) of this title.''
Amendment by Pub. L. 100-86 effective 6 months after Aug. 10, 1987,
or on such later date as the Secretary of the Treasury may prescribe in
regulations, see section 1006 of Pub. L. 100-86, set out as a note
under section 3328 of this title.
For provision permitting Secretary of the Treasury to prescribe
rules, regulations, and procedures as necessary to implement amendment
by section 1004(a) of Pub. L. 100-86, including recertification of
Treasury checks which have been canceled or for which a claim has been
asserted or barred, see section 1005 of Pub. L. 100-86, set out as a
note under section 3328 of this title.
31 USC 3713. Priority of Government claims
TITLE 31 -- MONEY AND FINANCE
(a)(1) A claim of the United States Government shall be paid first
when --
(A) a person indebted to the Government is insolvent and --
(i) the debtor without enough property to pay all debts makes a
voluntary assignment of property;
(ii) property of the debtor, if absent, is attached; or
(iii) an act of bankruptcy is committed; or
(B) the estate of a deceased debtor, in the custody of the executor
or administrator, is not enough to pay all debts of the debtor.
(2) This subsection does not apply to a case under title 11.
(b) A representative of a person or an estate (except a trustee
acting under title 11) paying any part of a debt of the person or estate
before paying a claim of the Government is liable to the extent of the
payment for unpaid claims of the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 972.)
In the section, the word ''claim'' is substituted for ''debts'' for
consistency. The word ''due'' is omitted as unnecessary.
In subsection (a)(1), before clause (A), the word ''paid'' is
substituted for ''satisfied'' for consistency. In clause (A)(i), the
words ''and the priority established shall extend as well to cases in
which'' are omitted because of the restatement. In clause (A)(ii), the
word ''property'' is substituted for ''estate and effects'' to eliminate
unnecessary words. The words ''absconding, concealed, or'' and ''by
process of law'' are omitted as surplus.
In subsection (a)(2), the words ''The priority established under . .
. however'' are omitted as surplus.
In subsection (b), the words ''A representative of a person or an
estate'' are substituted for ''executor, administrator, or assignee, or
other'' for clarity and to eliminate unnecessary words. The words ''for
whom or for which he acts'', ''satisfies and'', and ''from such person
or estate'' are omitted as surplus. The word ''liable'' is substituted
for ''answerable in his own person and estate'' for consistency.
7421, 7434; title 28 section 3003; title 29 section
1368; title 30 section 934; title 41 section 108;
title 48 section 1423a; title 50 App. section 34.
31 USC 3714. Keeping money due States in default
TITLE 31 -- MONEY AND FINANCE
The Secretary of the Treasury shall keep the necessary amount of
money the United States Government owes a State when the State defaults
in paying principal or interest on investments in stocks or bonds the
State issues or guarantees and that the Government holds in trust. The
money shall be used to pay the principal or interest or reimburse, with
interest, money the Government advanced for interest due on the stocks
or bonds.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 972.)
The word ''amount'' is substituted for ''whole, or so much thereof''
for clarity. The word ''owes'' is substituted for ''due on any account
from the . . . to'' to eliminate unnecessary words. The words ''or
either'' and ''thereon'' are omitted as surplus.
31 USC 3715. Buying real property of a debtor
TITLE 31 -- MONEY AND FINANCE
The head of an agency for whom a civil action is brought against a
debtor of the United States Government may buy real property of the
debtor at a sale on execution of the real property of the debtor
resulting from the action. The head of the agency may not bid more for
the property than the amount of the judgment for which the property is
being sold, and costs. The marshal of the district in which the sale is
held shall transfer the property to the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 972.)
The words ''by such agent as . . . shall appoint'' are omitted as
unnecessary. The word ''agency'' is substituted for ''department or
independent agency'' because of the restatement. The words ''for whom a
civil action is brought'' are substituted for ''at whose instance suit
was instituted'' for consistency. The words ''real property'' are
substituted for ''lands or tenements'' for clarity and consistency. The
words ''in behalf of the United States'' are omitted as surplus. The
words ''for the property'' are added for clarity. The word ''property''
is substituted for ''such estate'' for consistency in the section. The
words ''Whenever such purchase is made'' are omitted as surplus. The
words ''transfer the property'' are substituted for ''make all needful
conveyances, assignments, or transfers'' to eliminate unnecessary words
and for clarity.
31 USC 3716. Administrative offset
TITLE 31 -- MONEY AND FINANCE
(a) After trying to collect a claim from a person under section
3711(a) of this title, the head of an executive or legislative agency
may collect the claim by administrative offset. The head of the agency
may collect by administrative offset only after giving the debtor --
(1) written notice of the type and amount of the claim, the intention
of the head of the agency to collect the claim by administrative offset,
and an explanation of the rights of the debtor under this section;
(2) an opportunity to inspect and copy the records of the agency
related to the claim;
(3) an opportunity for a review within the agency of the decision of
the agency related to the claim; and
(4) an opportunity to make a written agreement with the head of the
agency to repay the amount of the claim.
(b) Before collecting a claim by administrative offset under
subsection (a) of this section, the head of an executive or legislative
agency must prescribe regulations on collecting by administrative offset
based on --
(1) the best interests of the United States Government;
(2) the likelihood of collecting a claim by administrative offset;
and
(3) for collecting a claim by administrative offset after the 6-year
period for bringing a civil action on a claim under section 2415 of
title 28 has expired, the cost effectiveness of leaving a claim
unresolved for more than 6 years.
(c) This section does not apply --
(1) to a claim under this subchapter that has been outstanding for
more than 10 years; or
(2) when a statute explicitly provides for or prohibits using
administrative offset to collect the claim or type of claim involved.
(Added Pub. L. 97-452, 1(16)(A), Jan. 12, 1983, 96 Stat. 2471.)
In the subchapter, the words ''or his designee'' are omitted as
unnecessary.
In subsection (a)(1), the words ''head of the'' are added for
consistency in the revised title and with other titles of the United
States Code.
In subsection (b)(1), the word ''Government'' is added for
consistency in the revised title and with other titles of the Code.
In subsection (b)(3), the word ''civil'' is added for consistency in
the revised title and with other titles of the Code.
In subsection (c)(2), the word ''either'' is omitted as surplus.
1114; title 28 section 2415; title 38 section 5301;
title 42 section 5042; title 45 sections 6, 13, 34,
43, 64a; title 49 App. section 26.
31 USC 3717. Interest and penalty on claims
TITLE 31 -- MONEY AND FINANCE
(a)(1) The head of an executive or legislative agency shall charge a
minimum annual rate of interest on an outstanding debt on a United
States Government claim owed by a person that is equal to the average
investment rate for the Treasury tax and loan accounts for the 12-month
period ending on September 30 of each year, rounded to the nearest whole
percentage point. The Secretary of the Treasury shall publish the rate
before November 1 of that year. The rate is effective on the first day
of the next calendar quarter.
(2) The Secretary may change the rate of interest for a calendar
quarter if the average investment rate for the 12-month period ending at
the close of the prior calendar quarter, rounded to the nearest whole
percentage point, is more or less than the existing published rate by 2
percentage points.
(b) Interest under subsection (a) of this section accrues from the
date --
(1) on which notice is mailed after October 25, 1982, if notice was
first mailed before October 25, 1982; or
(2) notice of the amount due is first mailed to the debtor at the
most current address of the debtor available to the head of the
executive or legislative agency, if notice is first mailed after October
24, 1982.
(c) The rate of interest charged under subsection (a) of this section
--
(1) is the rate in effect on the date from which interest begins to
accrue under subsection (b) of this section; and
(2) remains fixed at that rate for the duration of the indebtedness.
(d) Interest under subsection (a) of this section may not be charged
if the amount due on the claim is paid within 30 days after the date
from which interest accrues under subsection (b) of this section. The
head of an executive or legislative agency may extend the 30-day period.
(e) The head of an executive or legislative agency shall assess on a
claim owed by a person --
(1) a charge to cover the cost of processing and handling a
delinquent claim; and
(2) a penalty charge of not more than 6 percent a year for failure to
pay a part of a debt more than 90 days past due.
(f) Interest under subsection (a) of this section does not accrue on
a charge assessed under subsection (e) of this section.
(g) This section does not apply --
(1) if a statute, regulation required by statute, loan agreement, or
contract prohibits charging interest or assessing charges or explicitly
fixes the interest or charges; and
(2) to a claim under a contract executed before October 25, 1982,
that is in effect on October 25, 1982.
(h) In conformity with standards prescribed jointly by the Attorney
General and the Comptroller General, the head of an executive or
legislative agency may prescribe regulations identifying circumstances
appropriate to waiving collection of interest and charges under
subsections (a) and (e) of this section. A waiver under the regulations
is deemed to be compliance with this section.
(Added Pub L. 97-452, 1(16)(A), Jan. 12, 1983, 96 Stat. 2472.)
In subsection (a), the words ''percentage point'' and ''percentage
points'' are substituted for ''per centum'' for clarity.
In subsections (a)(1) and (e), the words ''Except as provided in
paragraph (3)'' are omitted as surplus.
In subsection (a)(2), the words ''for a calendar quarter'' are
substituted for ''quarterly'', and the words ''prior calendar quarter''
are substituted for ''that calendar quarter'', for clarity.
In subsection (b), before clause (1), the words ''Subject to
paragraph (6)'' and ''except as provided in subparagraph (B)'' are
omitted as surplus. In clause (2), the words ''on the claim'' are
omitted as surplus. The words ''if notice is first mailed after October
24, 1982'' are added for clarity.
In subsection (c), the words ''on a claim'' are omitted as surplus.
In subsection (g)(1), the words ''applicable'' and ''either'' are
omitted as surplus. The word ''assessing'' is added for clarity. The
words ''that apply to claims involved'' are omitted as surplus.
In subsection (h), the words ''under this section'' are added for
clarity.
2371; title 18 section 1114; title 21 section 136a;
title 22 section 2671; title 26 section 6103; title
42 section 5042; title 45 sections 6, 13, 34, 43,
64a; title 49 App. section 26.
31 USC 3718. Contracts for collection services
TITLE 31 -- MONEY AND FINANCE
(a) Under conditions the head of an executive or legislative agency
considers appropriate, the head of the agency may make a contract with a
person for collection services to recover indebtedness owed the United
States Government. The contract shall provide that --
(1) the head of the agency retains the authority to resolve a
dispute, compromise a claim, end collection action, and refer a matter
to the Attorney General to bring a civil action; and
(2) the person is subject to --
(A) section 552a of title 5, to the extent provided in section 552a(
m); and
(B) laws and regulations of the United States Government and State
governments related to debt collection practices.
(b)(1)(A) The Attorney General may make contracts retaining private
counsel to furnish legal services, including representation in
negotiation, compromise, settlement, and litigation, in the case of any
claim of indebtedness owed the United States. Each such contract shall
include such terms and conditions as the Attorney General considers
necessary and appropriate, including a provision specifying the amount
of the fee to be paid to the private counsel under such contract or the
method for calculating that fee. The amount of the fee payable for
legal services furnished under any such contract may not exceed the fee
that counsel engaged in the private practice of law in the area or areas
where the legal services are furnished typically charge clients for
furnishing legal services in the collection of claims of indebtedness,
as determined by the Attorney General, considering the amount, age, and
nature of the indebtedness and whether the debtor is an individual or a
business entity. If the Attorney General makes a contract for legal
services to be furnished in any judicial district of the United States
under the first sentence of this paragraph, the Attorney General shall
use his best efforts to obtain, from among attorneys regularly engaged
in the private practice of law in such district, at least four such
contracts for legal services with private individuals or firms in such
district. Nothing in this subparagraph shall relieve the Attorney
General of the competition requirements set forth in title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251
and following).
(B) The Attorney General shall use his best efforts to enter into
contracts under this paragraph with law firms owned and controlled by
socially and economically disadvantaged individuals, so as to enable
each agency to comply with paragraph (3).
(2) The head of an executive or legislative agency may, subject to
the approval of the Attorney General, refer to a private counsel
retained under paragraph (1) of this subsection claims of indebtedness
owed the United States arising out of activities of that agency.
(3) Each agency shall use its best efforts to assure that not less
than 10 percent of the amounts of all claims referred to private counsel
by that agency under paragraph (2) are referred to law firms owned and
controlled by socially and economically disadvantaged individuals. For
purposes of this paragraph --
(A) the term ''law firm owned and controlled by socially and
economically disadvantaged individuals'' means a law firm that meets the
requirements set forth in clauses (i) and (ii) of section 8(d)(3)( C)
/1/ of the Small Business Act (15 U.S.C. 6376(d)(3)(C)(i) and (ii)) and
regulations issued under those clauses; and
(B) ''socially and economically disadvantaged individuals'' shall be
presumed to include these groups and individuals described in the last
paragraph of section 8(d)(3)(C) /1/ of the Small Business Act.
(4) Notwithstanding sections 516, 518(b), 519, and 547(2) of title
28, a private counsel retained under paragraph (1) of this subsection
may represent the United States in litigation in connection with legal
services furnished pursuant to the contract entered into with that
counsel under paragraph (1) of this subsection.
(5) A contract made with a private counsel under paragraph (1) of
this subsection shall include --
(A) a provision permitting the Attorney General to terminate either
the contract or the private counsel's representation of the United
States in particular cases if the Attorney General finds that such
action is for the convenience of the Government;
(B) a provision stating that the head of the executive or legislative
agency which refers a claim under the contract retains the authority to
resolve a dispute regarding the claim, to compromise the claim, or to
terminate a collection action on the claim; and
(C) a provision requiring the private counsel to transmit monthly to
the Attorney General and the head of the executive or legislative agency
referring a claim under the contract a report on the services relating
to the claim rendered under the contract during the month and the
progress made during the month in collecting the claim under the
contract.
(6) Notwithstanding the fourth sentence of section 803(6) of the Fair
Debt Collection Practices Act (15 U.S.C. 1692a(6)), a private counsel
performing legal services pursuant to a contract made under paragraph
(1) of this subsection shall be considered to be a debt collector for
the purposes of such Act.
(7) Any counterclaim filed in any action to recover indebtedness owed
the United States which is brought on behalf of the United States by
private counsel retained under this subsection may not be asserted
unless the counterclaim is served directly on the Attorney General or
the United States Attorney for the judicial district in which, or
embracing the place in which, the action is brought. Such service shall
be made in accordance with the rules of procedure of the court in which
the action is brought.
(c) The Attorney General shall transmit to the Congress an annual
report on the activities of the Department of Justice to recover
indebtedness owed the United States which was referred to the Department
of Justice for collection. Each such report shall include a list, by
agency, of --
(1) the total number and amounts of claims which were referred for
legal services to the Department of Justice and to private counsel under
subsection (b) during the 1-year period covered by the report;
(2) the total number and amount of those claims referred for legal
services to the Department of Justice which were collected or were not
collected or otherwise resolved during the 1-year period covered by the
report; and
(3) the total number and amount of those claims referred for legal
services to private counsel under subsection (b) --
(A) which were collected or were not collected or otherwise resolved
during the 1-year period covered by the report;
(B) which were not collected or otherwise resolved under a contract
terminated by the Attorney General during the 1-year period covered by
the report; and
(C) on which the Attorney General terminated the private counsel's
representation during the 1-year period covered by the report without
terminating the contract with the private counsel under which the claims
were referred.
(d) Notwithstanding section 3302(b) of this title, a contract under
subsection (a) or (b) of this section may provide that a fee a person
charges to recover indebtedness owed the United States Government is
payable from the amount recovered.
(e) A contract under subsection (a) or (b) of this section is
effective only to the extent and in the amount provided in an
appropriation law. This limitation does not apply in the case of a
contract that authorizes a person to collect a fee as provided in
subsection (d) of this section.
(f) This section does not apply to the collection of debts under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(Added Pub. L. 97-452, 1(16)(A), Jan. 12, 1983, 96 Stat. 2473, and
amended Pub. L. 98-167, Nov. 29, 1983, 97 Stat. 1104; Pub. L. 99-514,
2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-578, 1, Oct. 28, 1986, 100
Stat. 3305.)
For termination of amendment by section 5 of Pub. L. 99-578, see
Effective and Termination Dates of 1986 Amendment note below.
In subsections (a) and (b), the word ''Government'' is added for
consistency in the revised title and with other titles of the United
States Code.
In subsection (a), before clause (1), the words ''terms and'' are
omitted as surplus. The words ''or organization'' are omitted because
of 1:1. In clause (1), the words ''bring a civil action'' are
substituted for ''initiate legal action'' for consistency in the revised
title and with other titles of the Code. In clause (2)(B), the words
''including the Fair Debt Collection Practices Act (15 U.S.C. 1692 et
seq.)'' are omitted as being included in ''laws and regulations of the
United States Government''.
In subsection (b), the words ''the head of an agency'' are omitted as
surplus.
In subsection (c), the word ''advanced'' is omitted as surplus.
In subsection (d), the words ''Notwithstanding the provisions of any
other law governing the collection of claims owed the United States''
and ''unpaid or underpaid'' are omitted as surplus.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (b)(1)(A), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Title III of the Act is classified generally to
subchapter IV ( 251 et seq.) of chapter 4 of Title 41, Public Contracts.
For complete classification of this Act to the Code, see Short Title
note set out under section 471 of Title 40, Public Buildings, Property,
and Works, and Tables.
Section 8(d)(3)(C) of the Small Business Act, referred to in subsec.
(b)(3), was redesignated section 8(c)(3)(C) of the Small Business Act by
Pub. L. 102-191, 3, Dec. 5, 1991, 105 Stat. 1591, and is classified
to section 637(c)(3)(C) of Title 15, Commerce and Trade.
The Fair Debt Collection Practices Act, referred to in subsec. (b)(
6), is title VIII of Pub. L. 90-321, as added by Pub. L. 95-109 Sept.
20, 1977, 91 Stat. 874, as amended, which is classified generally to
subchapter V ( 1692 et seq.) of chapter 41 of Title 15. For complete
classification of this Act to the Code, see Short Title of 1977
Amendment note set out under section 1601 of Title 15 and Tables.
1986 -- Subsecs. (b), (c). Pub. L. 99-578, 1(1), (4), temporarily
added subsecs. (b) and (c) and redesignated former subsecs. (b) and
(c) as (d) and (e), respectively. See Effective and Termination Dates
of 1986 Amendment note below.
Subsec. (d). Pub. L. 99-578, 1(1), (2), temporarily redesignated
former subsec. (b) as (d) and inserted ''or (b)'' after ''subsection
(a)''. Former subsec. (d) redesignated (f). See Effective and
Termination Dates of 1986 Amendment note below.
Pub. L. 99-514 substituted ''Internal Revenue Code of 1986'' for
''Internal Revenue Code of 1954''.
Subsec. (e). Pub. L. 99-578, 1(1), (3), temporarily redesignated
former subsec. (c) as (e), inserted ''or (b)'' after ''(a)'', and
substituted ''subsection (d)'' for ''subsection (b)''. See Effective
and Termination Dates of 1986 Amendment note below.
Subsec. (f). Pub. L. 99-578, 1(1), temporarily redesignated former
subsec. (d) as (f). See Effective and Termination Dates of 1986
Amendment note below.
1983 -- Subsec. (c). Pub. L. 98-167 inserted ''This limitation does
not apply in the case of a contract that authorizes a person to collect
a fee as provided in subsection (b) of this section.''
Section 5 of Pub. L. 99-578 provided that: ''This Act and the
amendments made by section 1 of this Act (amending this section and
enacting provisions set out as notes under this section) shall be in
effect for a period of three years, beginning on the date on which
regulations become effective (Aug. 31, 1987, see 52 F.R. 24448, July 1,
1987) under section 4 (set out below).''
Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 216, provided
that: ''The pilot debt collection project authorized by Public Law
99-578 (temporarily amending this section and enacting provisions set
out below) is extended through September 30, 1992.''
Section 2 of Pub. L. 99-578 directed Attorney General, not later
than 180 days after Oct. 28, 1986, to transmit to Congress a report on
actions taken under subsec. (b) of this section, as added by Pub. L.
99-578.
Section 3 of Pub. L. 99-578 provided that: ''The Attorney General
shall carry out subsections (b) and (c) of section 3718 of title 31,
United States Code (as added by section 1 of this Act), through a pilot
program in each of at least 5 and not more thn (than) 10 judicial
districts selected by the Attorney General.''
Section 4 of Pub. L. 99-578 provided that: ''The Attorney General
shall issue regulations to carry out this Act and the amendments made by
section 1 of this Act (amending this section and enacting provisions set
out as notes under this section). The Attorney General shall submit the
regulations to the Congress at least 60 days before they become
effective.''
Section 6 of Pub. L. 99-578 provided that:
''(a) Contents of Audit. -- The Comptroller General of the United
States shall, at the end of the 3-year period referred to in section 5
(set out above), conduct an audit of the actions of the Attorney General
under subsection (b) of section 3718 of title 31, United States Code (as
added by section 1 of this Act), under the pilot program referred to in
section 3 (set out above). The Comptroller General shall determine the
extent of the competition among private counsel to obtain contracts
awarded under such subsection, the reasonableness of the fees provided
in such contracts, the diligence and efforts of the Attorney General to
retain private counsel in accordance with the provisions of such
subsection, and the results of the debt collection efforts of private
counsel retained under such contracts.
''(b) Report to Congress. -- After completing the audit under
subsection (a), the Comptroller General shall transmit to the Congress a
report on the findings and conclusions resulting from the audit.''
2780; title 18 section 1114; title 22 sections
1475f, 2671, 2716; title 25 section 1616a; title 26
section 6103; title 28 section 3002; title 38
section 1729; title 42 sections 254o, 5042; title 45
sections 6, 13, 34, 43, 64a; title 49 App. section
26.
/1/ See References in Text note below.
31 USC 3719. Reports on debt collection activities
TITLE 31 -- MONEY AND FINANCE
(a) In consultation with the Secretary of the Treasury and the
Comptroller General, the Director of the Office of Management and Budget
shall prescribe regulations requiring the head of each agency with
outstanding debts to prepare and submit to the Director and the
Secretary at least once each year a report summarizing the status of
loans and accounts receivable managed by the head of the agency. The
report shall contain --
(1) information on --
(A) the total amount of loans and accounts receivable owed the agency
and when amounts owed the agency are due to be repaid;
(B) the total amount of receivables and number of claims at least 30
days past due;
(C) the total amount written off as actually uncollectible and the
total amount allowed for uncollectible loans and accounts receivable;
(D) the rate of interest charged for overdue debts and the amount of
interest charged and collected on debts;
(E) the total number of claims and the total amount collected; and
(F) the number and total amount of claims referred to the Attorney
General for settlement and the number and total amount of claims the
Attorney General settles;
(2) the information described in clause (1) of this subsection for
each program or activity the head of the agency carries out; and
(3) other information the Director considers necessary to decide
whether the head of the agency is acting aggressively to collect the
claims of the agency.
(b) The Director shall analyze the reports submitted under subsection
(a) of this section and shall report annually to Congress on the
management of debt collection activities by the head of each agency,
including the information provided the Director under subsection (a).
(Added Pub. L. 97-452, 1(16)(A), Jan. 12, 1983, 96 Stat. 2473.)
In subsection (a), before clause (1), the words ''of the United
States'' are omitted as surplus. The words ''the head of'' are added
for consistency in the revised title and with other titles of the United
States Code. In clause (1)(C), the words ''uncollectible loans and
accounts receivable'' are added for clarity. In clause (1)(F), the
words ''Attorney General'' are substituted for ''Department of Justice''
for consistency in the revised title and with other titles of the Code,
including 28:503, 509.
In subsection (b), the word ''submitted'' is substituted for
''received by each agency'' for clarity.
31 USC 3720. Collection of payments
TITLE 31 -- MONEY AND FINANCE
(a) Each head of an executive agency (other than an agency subject to
section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32; 16
U.S.C. 831h)) shall, under such regulations as the Secretary of the
Treasury shall prescribe, provide for the timely deposit of money by
officials and agents of such agency in accordance with section 3302, and
for the collection and timely deposit of sums owed to such agency by the
use of such procedures as withdrawals and deposits by electronic
transfer of funds, automatic withdrawals from accounts at financial
institutions, and a system under which financial institutions receive
and deposit, on behalf of the executive agency, payments transmitted to
post office lockboxes. The Secretary is authorized to collect from any
agency not complying with the requirements imposed pursuant to the
preceding sentence a charge in an amount the Secretary determines to be
the cost to the general fund caused by such noncompliance.
(b) The head of an executive agency shall pay to the Secretary of the
Treasury charges imposed pursuant to subsection (a). Payments shall be
made out of amounts appropriated or otherwise made available to carry
out the program to which the collections relate. The amounts of the
charges paid under this subsection shall be deposited in the Cash
Management Improvements Fund established by subsection (c).
(c) There is established in the Treasury of the United States a
revolving fund to be known as the ''Cash Management Improvements Fund''.
Sums in the fund shall be available without fiscal year limitation for
the payment of expenses incurred in developing the methods of collection
and deposit described in subsection (a) of this section and the expenses
incurred in carrying out collections and deposits using such methods,
including the costs of personal services and the costs of the lease or
purchase of equipment and operating facilities.
(Added Pub. L. 98-369, div. B, title VI, 2652(a)(1), July 18, 1984,
98 Stat. 1152.)
Section 2652(a)(3) of Pub. L. 98-369 provided that: ''The Secretary
of the Treasury shall prescribe regulations, including regulations under
section 3720 of title 31, United States Code, designed to achieve by
October 1, 1986, full implementation of the purposes of this
subsection.''
31 USC 3720A. Reduction of tax refund by amount of debt
TITLE 31 -- MONEY AND FINANCE
(a) Any Federal agency that is owed a past-due legally enforceable
debt (other than any past-due support) by a named person shall, in
accordance with regulations issued pursuant to subsection (d), notify
the Secretary of the Treasury of the amount of such debt.
(b) No Federal agency may take action pursuant to subsection (a) with
respect to any debt until such agency --
(1) notifies the person incurring such debt that such agency proposes
to take action pursuant to such paragraph with respect to such debt;
(2) gives such person at least 60 days to present evidence that all
or part of such debt is not past-due or not legally enforceable;
(3) considers any evidence presented by such person and determines
that an amount of such debt is past due and legally enforceable; and
(4) satisfies such other conditions as the Secretary may prescribe to
ensure that the determination made under paragraph (3) with respect to
such debt is valid and that the agency has made reasonable efforts to
obtain payment of such debt.
(c) Upon receiving notice from any Federal agency that a named person
owes to such agency a past-due legally enforceable debt, the Secretary
of the Treasury shall determine whether any amounts, as refunds of
Federal taxes paid, are payable to such person. If the Secretary of the
Treasury finds that any such amount is payable, he shall reduce such
refunds by an amount equal to the amount of such debt, pay the amount of
such reduction to such agency, and notify such agency of the
individual's home address.
(d) The Secretary of the Treasury shall issue regulations prescribing
the time or times at which agencies must submit notices of past-due
legally enforceable debts, the manner in which such notices must be
submitted, and the necessary information that must be contained in or
accompany the notices. The regulations shall specify the minimum amount
of debt to which the reduction procedure established by subsection (c)
may be applied and the fee that an agency must pay to reimburse the
Secretary of the Treasury for the full cost of applying such procedure.
Any fee paid to the Secretary pursuant to the preceding sentence may be
used to reimburse appropriations which bore all or part of the cost of
applying such procedure.
(e) Any Federal agency receiving notice from the Secretary of the
Treasury that an erroneous payment has been made to such agency under
subsection (c) shall pay promptly to the Secretary, in accordance with
such regulations as the Secretary may prescribe, an amount equal to the
amount of such erroneous payment (without regard to whether any other
amounts payable to such agency under such subsection have been paid to
such agency).
(f)(1) Subsection (a) shall apply with respect to an OASDI
overpayment made to any individual only if such individual is not
currently entitled to monthly insurance benefits under title II of the
Social Security Act.
(2)(A) The requirements of subsection (b) shall not be treated as met
in the case of the recovery of an OASDI overpayment from any individual
under this section unless the notification under subsection (b)(1)
describes the conditions under which the Secretary of Health and Human
Services is required to waive recovery of an overpayment, as provided
under section 204(b) of the Social Security Act.
(B) In any case in which an individual files for a waiver under
section 204(b) of the Social Security Act within the 60-day period
referred to in subsection (b)(2), the Secretary of Health and Human
Services shall not certify to the Secretary of the Treasury that the
debt is valid under subsection (b)(4) before rendering a decision on the
waiver request under such section 204(b). In lieu of payment, pursuant
to subsection (c), to the Secretary of Health and Human Services of the
amount of any reduction under this subsection based on an OASDI
overpayment, the Secretary of the Treasury shall deposit such amount in
the Federal Old-Age and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund, whichever is certified to the Secretary
of the Treasury as appropriate by the Secretary of Health and Human
Services.
(g) For purposes of this section --
(1) the term ''Federal agency'' means a department, agency, or
instrumentality of the United States (other than an agency subject to
section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32; 16 U.S.
C. 831h)), and includes a Government corporation (as such term is
defined in section 103 of title 5, United States Code);
(2) the term ''past-due support'' means any delinquency subject to
section 464 of the Social Security Act; and
(3) the term ''OASDI overpayment'' means any overpayment of benefits
made to an individual under title II of the Social Security Act /1/
(Added Pub. L. 98-369, div. B, title VI, 2653(a)(1), July 18, 1984,
98 Stat. 1153, and amended Pub. L. 101-508, title V, 5129(b), Nov. 5,
1990, 104 Stat. 1388-287.)
The Social Security Act, referred to in subsecs. (f)(1) and (g)(3),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of
the Act is classified generally to subchapter II ( 401 et seq.) of
chapter 7 of Title 42, The Public Health and Welfare. Sections 204 and
464 of the Act are classified to sections 404 and 664, respectively, of
Title 42. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
1990 -- Subsec. (a). Pub. L. 101-508, 5129(b)(1), struck out ''OASDI
overpayment and'' after ''other than any''.
Subsecs. (f), (g). Pub. L. 101-508, 5129(b)(2), (3), added subsec.
(f) and redesignated former subsec. (f) as (g).
Amendment by Pub. L. 101-508 effective Jan. 1, 1991, and
inapplicable to refunds to which amendments by section 2653 of the
Deficit Reduction Act of 1984, Pub. L. 98-369, do not apply, see
section 5129(d) of Pub. L. 101-508, set out as a note under section
6402 of Title 26, Internal Revenue Code.
Section applicable with respect to refunds payable under section 6402
of Title 26, Internal Revenue Code, after Dec. 31, 1985, see section
2653(c) of Pub. L. 98-369, as amended, set out as an Effective Date of
1984 Amendment note under section 6402 of Title 26.
For provisions that nothing in amendments by section 2653 of Pub. L.
98-369, enacting this section, be construed as exempting debts of
corporations or any other category of persons from application of such
amendments, with such amendments to extend to all Federal agencies (as
defined in such amendments), see section 9402(b) of Pub. L. 100-203,
set out as a note under section 6402 of Title 26, Internal Revenue Code.
42 sections 404, 1395ccc.
/1/ So in original. Probably should be followed by a period.
31 USC SUBCHAPTER III -- CLAIMS AGAINST THE UNITED STATES GOVERNMENT
TITLE 31 -- MONEY AND FINANCE
31 USC 3721. Claims of personnel of agencies and the District of
Columbia government for personal property damage or loss
TITLE 31 -- MONEY AND FINANCE
(a) In this section --
(1) ''agency'' does not include a nonappropriated fund activity or a
contractor with the United States Government.
(2) ''head of an agency'' means --
(A) for a military department, the Secretary of the military
department;
(B) for the Department of Defense (except the military departments),
the Secretary of Defense; and
(C) for another agency, the head of the agency.
(3) ''settle'' means consider, determine, adjust, and dispose of a
claim by disallowance or by complete or partial allowance.
(b) The head of an agency may settle and pay not more than $40,000
for a claim against the Government made by a member of the uniformed
services under the jurisdiction of the agency or by an officer or
employee of the agency for damage to, or loss of, personal property
incident to service. A claim allowed under this subsection may be paid
in money or the personal property replaced in kind.
(c) On paying a claim under this section, the Government is
subrogated for the amount of the payment to a right or claim that the
claimant may have against a foreign country for the damage or loss for
which the Government made the payment.
(d) The Mayor of the District of Columbia may settle and pay a claim
against the District of Columbia government made by an officer or
employee of the District of Columbia government to the same extent the
head of an agency may settle and pay a claim under this section.
(e) A claim may not be allowed under this section if the personal
property damage or loss occurred at quarters occupied by the claimant in
a State or the District of Columbia that were not assigned or provided
in kind by the United States Government or the District of Columbia
government.
(f) A claim may be allowed under this section only if --
(1) the claim is substantiated;
(2) the head of the agency decides that possession of the property
was reasonable or useful under the circumstances; and
(3) no part of the loss was caused by any negligent or wrongful act
of the claimant or an agent or employee of the claimant.
(g) A claim may be allowed under this section only if it is presented
in writing within 2 years after the claim accrues. However, if a claim
under subsection (b) of this section accrues during war or an armed
conflict in which an armed force of the United States is involved, or
has accrued within 2 years before war or an armed conflict begins, and
for cause shown, the claim must be presented within 2 years after the
cause no longer exists or after the war or armed conflict ends,
whichever is earlier. An armed conflict begins and ends as stated in a
concurrent resolution of Congress or a decision of the President.
(h) The head of the agency --
(1) may settle and pay a claim made by the surviving spouse, child,
parent, or brother or sister of a dead member, officer, or employee if
the claim is otherwise payable under this section; and
(2) may settle and pay the claims by the survivors only in the
following order:
(A) the spouse's claim.
(B) a child's claim.
(C) a parent's claim.
(D) a brother's or sister's claim.
(i) Notwithstanding a contract, the representative of a claimant may
not receive more than 10 percent of a payment of a claim made under this
section for services related to the claim. A person violating this
subsection shall be fined not more than $1,000.
(j) The President may prescribe policies to carry out this section
(except subsection (b) to the extent that subsection (b) applies to the
military departments, the Department of Defense, and the Coast Guard).
Subject to those policies, the head of each agency shall prescribe
regulations to carry out this section.
(k) Settlement of a claim under this section is final and conclusive.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 973; Pub. L. 97-452, 1(
17), Jan. 12, 1983, 96 Stat. 2474; Pub. L. 100-565, 1, Oct. 31, 1988,
102 Stat. 2833.)
In the section, the words ''or his designee'' are omitted as
unnecessary.
In subsections (b) and (c), the word ''civilian'' is omitted as
surplus.
In subsection (b), the words ''arising after August 31, 1964'' and
''arising after October 18, 1974'' and 31:241(a)(1)(last sentence) and
(b)(1)(last sentence) are omitted as executed.
In subsection (c)(1)(B), the words ''mob violence, terrorist attacks,
or other'' are omitted as surplus. The word ''members'' is added for
consistency.
In subsection (c)(2), the words ''in which that damage or loss
occurred'' are omitted as surplus.
In subsection (c)(3), the text of section 2(last sentence) of the Act
of December 12, 1980 (Pub. L. 96-519, 94 Stat. 3032) is omitted as
obsolete.
Subsection (d) is substituted for 31:241(f) because of the
restatement.
In subsection (e), the words ''assigned to him or otherwise'' in 31:
241(c)(2) are omitted as surplus. The words ''or the District of
Columbia government'' are added because of the restatement.
In subsection (f), the words ''the head of the agency decides'' are
substituted for ''determined to be'' in 31:241(b)(1) for clarity.
In subsection (g), the text of 31:243a(c)(words after 1st comma) are
omitted as executed. The words ''in writing'' and ''of the United
States'' in 31:241(c)(1) are omitted as unnecessary.
In subsection (h)(1), the words ''the surviving . . . of a dead
member, officer, or employee'' are substituted for ''If a person named
in this subsection is dead'' and ''the decedent's surviving'' in 31:
241(a)(3) and (b)(2) and ''if such person is deceased'' and ''the
decedent's surviving'' in 31:243a(b) to omit surplus words. The words
''that arose before, concurrently with, or after the decedent's death''
in 31:241(a)(3) and (b)(2) and 31:243a(b) are omitted as surplus. The
words ''child, parent, or brother or sister'' are substituted for ''(2)
children, (3) father or mother, or both, or (4) brothers or sisters, or
both'' to eliminate surplus words and because of 1:1. The words
''otherwise payable'' are substituted for ''otherwise covered'' for
clarity.
Subsection (h)(2) is substituted for ''Claims of survivors shall be
settled and paid in the order named'' in 31:241(a)(3) and (b)(2) and
''Claims of survivors shall be settled and paid in the order set forth
in the preceding sentence'' in 31:243a(b) for clarity.
In subsection (i), the words ''to the contrary'' are omitted as
surplus. The words ''representative of a claimant'' are substituted for
''agent or attorney'' for clarity and consistency. The words ''be paid
or delivered to or'' are omitted as surplus. The word ''payment'' is
substituted for ''amount paid in settlement'' to eliminate unnecessary
words. The words ''individual . . . submitted and settled . . . the
authority of'' are omitted as surplus. The words ''and the same shall
be unlawful'' are omitted because of the restatement. The words ''shall
be deemed guilty of a misdemeanor and upon conviction thereof . . . in
any sum'' are omitted as surplus.
In subsection (j), the words ''the purposes of'' in 31:241(b)(1)(1st
sentence words before 5th comma) are omitted as surplus. The words
''(except subsection (b) to the extent that subsection (b) applies to
the military departments, the Department of Defense, and the Coast
Guard)'' are substituted for the source provisions because of the
restatement. The words ''to carry out this section'' after
''regulations'' are added for clarity.
In subsection (k), the words ''Notwithstanding any other provision of
law'' are omitted as unnecessary.
1988 -- Subsec. (b). Pub. L. 100-565, 1(1), substituted ''$40,000''
for ''$25,000''.
Subsec. (c). Pub. L. 100-565, 1(2), in amending subsec. (c)
generally, redesignated former subsec. (c)(2) as (c) and substituted
''section'' for ''subsection'', struck out par. (1) which authorized
agency head to pay claim against Government for not more than $40,000 to
member of uniformed services, or officer or employee of agency, for
damage to, or loss of, personal property in foreign country, incurred
after December 30, 1978, incident to service, after evacuation from
foreign country, and struck out par. (3) which limited amounts to be
obligated or expended for claims to extent provided in advance in
appropriation laws.
1983 -- Subsec. (b). Pub. L. 97-452 substituted ''$25,000'' for
''$15,000''.
Section 2 of Pub. L. 100-565 provided that: ''The amendments made
by this Act (amending this section) shall apply only to claims arising
on or after the date of the enactment of this Act (Oct. 31, 1988).''
Section 2(g) of Pub. L. 97-452 provided that: ''The amendment made
by section 1(17) of this Act (amending this section) applies only to
claims arising after July 27, 1982.''
31 USC 3722. Claims of officers and employees at Government penal and
correctional institutions
TITLE 31 -- MONEY AND FINANCE
(a) The Attorney General may settle and pay not more than $1,000 in
any one case for a claim made by an officer or employee at a United
States Government penal or correctional institution for damage to, or
loss of, personal property incident to employment.
(b) A claim may not be allowed under this section if the loss
occurred at quarters occupied by the claimant that were not assigned or
provided in kind by the Government.
(c) A claim may be allowed only if --
(1) no part of the loss was caused by any negligent or wrongful act
of the claimant or an agent or employee of the claimant;
(2) the Attorney General decides that possession of the property was
reasonable or useful under the circumstances; and
(3) it is presented in writing within one year after it accrues.
(d) A claim may be paid under this section only if the claimant
accepts the amount of the settlement in complete satisfaction of the
claim.
(e) Necessary amounts are authorized to be appropriated to carry out
this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 974.)
In subsection (a), the words ''and such other officer or officers as
he may designate for such purpose'' are omitted as unnecessary because
of 28:509. The word ''settle'' is substituted for ''consider, determine,
adjust'' for consistency. The words ''the sum of'' are omitted as
surplus. The words ''officer or employee'' are substituted for
''persons employed'' for consistency in the revised title and with other
titles of the United States Code. The words ''or destruction'' are
omitted as surplus.
In subsection (b), the words ''assigned to him . . . otherwise'' are
omitted as surplus.
In subsection (c)(1), the words ''no part'' are substituted for ''not
. . . in whole or in part'' because of the restatement.
In subsection (c)(2), the words ''the Attorney General decides that
possession of'' are substituted for ''is determined'' for clarity. The
words ''claimed to be damaged, lost, or destroyed'' and ''necessary, or
proper . . . attendant'' are omitted as surplus.
In subsection (c)(3), the word ''accrues'' is substituted for ''the
occurrence of the accident or incident out of which such claim arises''
to eliminate unnecessary words.
In subsection (d), the words ''A claim may be paid under this
section'' are added for clarity. The words ''the amount of the
settlement'' are substituted for ''an award hereunder'' for consistency.
The words ''in complete satisfaction of the claim'' are substituted for
''shall release the United States, its agents or employees, from any
further claim by such claimant arising out of the same incident'' to
eliminate unnecessary words.
31 USC 3723. Small claims for privately owned property damage or loss
TITLE 31 -- MONEY AND FINANCE
(a) The head of an agency (except a military department of the
Department of Defense or the Coast Guard) may settle a claim for not
more than $1,000 for damage to, or loss of, privately owned property
that --
(1) is caused by the negligence of an officer or employee of the
United States Government acting within the scope of employment; and
(2) may not be settled under chapter 171 of title 28.
(b) A claim under this section may be allowed only if it is presented
to the head of the agency within one year after it accrues.
(c) A claim under this section may be paid as provided in section
1304 of this title only if the claimant accepts the amount of the
settlement in complete satisfaction of the claim against the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 975.)
In subsection (a), before clause (1), the text of 31:216(words before
semicolon) is omitted as unnecessary because of section 102 of the
revised title. The words ''acting on behalf of the Government of the
United States'' in 31:215 are omitted as unnecessary. The word
''settle'' is substituted for ''consider, ascertain, adjust, and
determine'' for consistency. The words ''after April 6, 1917'' are
omitted as executed.
In subsection (c), the words ''A claim under this section may be
paid'' are added for clarity. The words ''as provided in section 1304
of this title'' are substituted for 31:215(last sentence less proviso)
because 31:215(last sentence less proviso) is superseded by section 201
of the Supplemental Appropriations Act, 1978 (Pub. L. 95-240, 92 Stat.
116). The words ''of the settlement'' are substituted for ''determined
under the provisions of sections 215 and 216 of this title'' in 31:217
for consistency and to eliminate unnecessary words. The word
''complete'' is substituted for ''full'' for consistency. The word
''satisfaction'' is substituted for ''settlement'' for clarity.
31 USC 3724. Claims for damages caused by investigative or law
enforcement officers of the Department of Justice
TITLE 31 -- MONEY AND FINANCE
(a) The Attorney General may settle, for not more than $50,000 in any
one case, a claim for personal injury, death, or damage to, or loss of,
privately owned property, caused by an investigative or law enforcement
officer as defined in section 2680(h) of title 28 who is employed by the
Department of Justice acting within the scope of employment that may not
be settled under chapter 171 of title 28. An officer or employee of the
United States Government may not present a claim arising during the
scope of employment. A claim may be allowed only if it is presented to
the Attorney General within one year after it accrues.
(b) The Attorney General shall report annually to the Congress on all
settlements made under this section. With respect to each such
settlement, the Attorney General shall include a brief statement on the
type of the claim, the amount claimed, and the amount of the settlement.
(c) A claim may be paid under this section only if the claimant
accepts the amount of the settlement in complete satisfaction of the
claim against the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 975; Pub. L. 101-203, 1(
a), (b)(1), Dec. 7, 1989, 103 Stat. 1805.)
In subsection (a), the words ''of the United States'' are omitted as
unnecessary. The word ''settle'' is substituted for ''consider, adjust,
and determine'' for consistency. The words ''after January 1, 1934''
are omitted as executed. The words ''personal injury, death'' are
substituted for ''damages to any person'' for clarity. The words ''of
the Department of Justice'' are omitted as unnecessary. The words
''that may not be settled under chapter 171 of title 28'' are
substituted for section 424(a)(2d par. on p. 847) and (b)(related to 2d
par. of (a) on p. 847) of the Legislative Reorganization Act of 1946
(31:224b(note)) because of the restatement. The words ''An officer or
employee of the United States Government may not present a claim arising
during the scope of employment'' are substituted for 31:224b( 1st
proviso) to eliminate unnecessary words. The text of 31:224b(2d proviso
words after semicolon) is omitted as executed.
In subsection (b), the word ''settlement'' is substituted for
''amount as may be found due to any claimant . . . as a legal claim''
for clarity and consistency. The words ''by Congress'' are omitted as
surplus.
In subsection (c), the words ''A claim may be paid under this
section'' are added for clarity. The words ''of the settlement'' are
substituted for ''determined to be due him under the provisions of this
section'' for consistency and to eliminate unnecessary words. The word
''complete'' is substituted for ''full and final'' to eliminate
unnecessary words. The word ''satisfaction'' is substituted for
''settlement'' for clarity.
1989 -- Pub. L. 101-203, 1(b)(1), amended section catchline
generally, substituting ''investigative or law enforcement officers of
the Department of Justice'' for ''the Federal Bureau of Investigation''.
Subsec. (a). Pub. L. 101-203, 1(a)(1), substituted ''$50,000'' for
''$500'' and ''an investigative or law enforcement officer as defined in
section 2680(h) of title 28 who is employed by the Department of
Justice'' for ''the Director or an Assistant Director, inspector, or
special agent of the Federal Bureau of Investigation''.
Subsec. (b). Pub. L. 101-203, 1(a)(2), substituted ''report annually
to the Congress on all settlements made under this section. With respect
to each such settlement, the'' for ''certify to Congress a settlement
under this section for payment out of an appropriation that may be made
to pay the settlement. The''.
Section 2 of Pub. L. 101-203 provided that: ''The amendments made
by section 1 (amending this section) shall apply to --
''(1) any claim arising on or after the date of the enactment of this
Act (Dec. 7, 1989),
''(2) any claim pending on such date, and
''(3) any claim arising before such date which has not been settled
if the time for presenting the claim to the Attorney General under the
last sentence of section 3724(a) of title 31, United States Code, has
not expired.''
31 USC 3725. Claims of non-nationals for personal injury or death in a
foreign country
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of State may settle, for not more than $1,500 in
any one case, a claim for personal injury or death of an individual not
a national of the United States in a foreign country in which the United
States exercises privileges of extraterritoriality when the injury or
death is caused by an officer, employee, or agent of the United States
Government (except of a military department of the Department of Defense
or the Coast Guard). An officer or employee of the Government may not
present a claim. A claim under this section may be allowed only if it
is presented to the Secretary within one year after it accrues.
(b) The Secretary shall certify to Congress a settlement under this
section for payment out of an appropriation that may be made to pay the
settlement. The Secretary shall include a brief statement on the type
of the claim, the amount claimed, and the amount of the settlement.
(c) A claim may be paid under this section only if the claimant
accepts the amount of the settlement in complete satisfaction of the
claim against the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 975.)
In subsection (a), the word ''settle'' is substituted for ''consider,
adjust, and determine'' for consistency. The words ''United States
currency'' are omitted as surplus. The words ''after February 13,
1936'' are omitted as executed. The words ''act of omission of any''
are omitted as surplus. The words ''(except of a military department of
the Department of Defense or the Coast Guard)'' are substituted for
''including all officers, enlisted men, and employees of the Army, Air
Force, Navy, and Marine Corps'' because of 10:2734, section 7 of the Act
of July 3, 1943 (ch. 189, 57 Stat. 374), and sections 1 and 5(1st
sentence) of the Act of December 28, 1945 (ch. 597, 59 Stat. 662). The
words ''An officer or employee of the Government may not present a
claim'' are substituted for 31:224a(1st proviso) for consistency and to
eliminate unnecessary words. The words ''by the Secretary of State''
are omitted as surplus.
In subsection (b), the word ''settlement'' is substituted for
''amount as may be found to be due to any claimant . . . as a legal
claim'' for clarity and consistency. The words ''by Congress'' are
omitted as surplus.
In subsection (c), the words ''A claim may be paid under this
section'' are added for clarity. The words ''of the settlement'' are
substituted for ''determined under the provisions of this section'' for
consistency and to eliminate unnecessary words. The word ''complete''
is substituted for ''full'' for consistency. The word ''satisfaction''
is substituted for ''settlement'' for clarity.
31 USC 3726. Payment for transportation
TITLE 31 -- MONEY AND FINANCE
(a) A carrier or freight forwarder presenting a bill for transporting
an individual or property for the United States Government may be paid
before the Administrator of General Services conducts an audit, in
accordance with regulations that the Administrator shall prescribe. A
claim under this section shall be allowed only if it is received by the
Administrator not later than 3 years (excluding time of war) after the
later of the following dates:
(1) accrual of the claim;
(2) payment for the transportation is made;
(3) refund for an overpayment for the transportation is made; or
(4) a deduction under subsection (b) of this section is made.
(b) Not later than 3 years (excluding time of war) after the time a
bill is paid, the Government may deduct from an amount subsequently due
a carrier or freight forwarder an amount paid on the bill that was
greater than the rate allowed under --
(1) a lawful tariff on file with the Interstate Commerce Commission,
the Secretary of Transportation with respect to foreign air
transportation (as defined in the Federal Aviation Act of 1958), the
Federal Maritime Commission, or a State transportation authority; or
(2) sections 10721-10724 of title 49 or an equivalent arrangement or
an exemption.
(c) Expenses of transportation audit contracts and contract
administration shall be financed from overpayments collected from
carriers on transportation bills paid by the Government and other
similar type refunds at not to exceed 40 percent of such collections
annually. Payment to any contractor shall not exceed 50 percent of the
overpayments identified by any contract audit.
(d) At least annually, and as determined by the Administrator, after
making adequate provision for expenses of refunds to carriers,
transportation audit contracts, and contract administration authorized
in subsection (c), the balance of the overpayments collected by the
General Services Administration shall be transferred to miscellaneous
receipt /1/ of the Treasury. A report of receipts, disbursements, and
transfers (to miscellaneous receipts) pursuant to this section shall be
made annually in connection with the budget estimates to the Director of
the Office of Management and Budget and to the Congress.
(e) The Administrator may delegate any authority conferred by this
section to another agency or agencies if the Administrator determines
that such a delegation would be cost-effective or otherwise in the
public interest.
(f) Under regulations the head of an agency prescribes that conform
with standards the Secretary of the Treasury and the Comptroller General
prescribe jointly, a bill under this section may be paid before the
transportation is completed notwithstanding section 3324 of this title
when a carrier or freight forwarder issues the usual document for the
transportation. Payment for transportation ordered but not provided may
be recovered by deduction or other means.
(g)(1) A carrier or freight forwarder may request the Comptroller
General to review the action of the Administrator if the request is
received not later than 6 months (excluding time of war) after the
Administrator acts or within the time stated in subsection (a) of this
section, whichever is later.
(2) This section does not prevent the Comptroller General from
conducting an audit under chapter 35 of this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 976; Pub. L. 98-443, 9(
f), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 99-627, 1, Nov. 7, 1986, 100
Stat. 3508.)
In the section, the words ''Administrator of General Services'' are
substituted for ''General Services Administration, or his designee'' for
consistency. The word ''freight'' is added for clarity and consistency
with 49:10101 et seq.
In subsection (a), before clause (1), the word ''individual'' is
substituted for ''persons'' for consistency. The words ''or on behalf
of'' are omitted as unnecessary. The words ''for charges for
transportation . . . the purview of'' are omitted as surplus. In clause
(1), the word ''claim'' is substituted for ''cause of action thereon''
for consistency. In clauses (2) and (3), the words ''is made'' are
substituted for ''of charges . . . involved'' and ''subsequent . . . of
such charges'' to eliminate unnecessary words.
In subsection (b), before clause (1), the words ''Provided, however,
That such deductions shall be made'' are omitted because of the
restatement. The words ''found to be'' are omitted as surplus. The
words ''of any overcharge by any carrier or forwarder'' and ''The term
'overcharges' shall be deemed to mean . . . those applicable thereto''
are omitted because of the restatement. The word ''rate'' is
substituted for ''charges for transportation services'' and ''rates,
fares, and charges'' for consistency with title 49. In clause (1), the
word ''authority'' is substituted for ''regulatory agency'' for
consistency. In clause (2), the words ''established'' and ''contract .
. . from regulation'' are omitted as surplus.
In subsection (c), the text of 31:244(d) and the words
''Government'', ''or his designee'', and ''of the United States'' are
omitted as unnecessary. The words ''under this section'' are
substituted for ''for passenger or freight transportation services to be
furnished the United States by any carrier or forwarder'' to eliminate
unnecessary words. The word ''transportation'' is substituted for
''services'' for consistency. The words ''ticket, receipt, bill of
lading, or equivalent . . . involved'' and ''as ordered by the United
States'' are omitted as surplus.
In subsection (d)(1), the words ''may request'' are substituted for
''Nothing in subsection (a) of this section hereof shall be deemed to
prevent . . . from requesting'' to eliminate unnecessary words. The
words ''of limitation'' are omitted as surplus.
In subsection (d)(2), the words ''Comptroller General'' are
substituted for ''General Accounting Office'' for consistency.
The Federal Aviation Act of 1958, referred to in subsec. (b)(1), is
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is
classified principally to chapter 20 ( 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.
1986 -- Subsec. (a). Pub. L. 99-627, 1(1), amended first sentence
generally, substituting ''may be paid before the Administrator of
General Services conducts an audit, in accordance with regulations that
the Administrator shall prescribe'' for ''shall be paid before the
Administrator of General Services conducts an audit''.
Subsecs. (c) to (g). Pub. L. 99-627, 1(2), (3), added subsecs. (c)
to (e) and redesignated former subsecs. (c) and (d) as (f) and (g),
respectively.
1984 -- Subsec. (b)(1). Pub. L. 98-443 substituted ''Secretary of
Transportation with respect to foreign air transportation (as defined in
the Federal Aviation Act of 1958)'' for ''Civil Aeronautics Board''.
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(
v) of Pub. L. 98-443, set out as a note under section 5314 of Title 5,
Government Organization and Employees.
Section 2 of Pub. L. 99-627 provided that:
''(a) Within 60 days after the date of enactment of this Act (Nov.
7, 1986), the Administrator of General Services shall establish a task
force to study and investigate the feasibility, desirability, and
economy of an integrated, automated system that Federal agencies may use
in managing the transportation of property for the United States.
''(b) The task force established under subsection (a) shall --
''(1) be chaired by a representative of the Administrator;
''(2) include representatives of the Department of Defense and other
Federal agencies significantly involved in the transportation of
property for the United States; and
''(3) solicit the views of private businesses with expertise in the
matters being considered by the task force.
''(c) In studying and investigating the integrated, automated system,
the task force shall consider including in that system such elements as
automated routing, rating, documentation, payment, and auditing.
''(d) Each department, agency, and instrumentality of the Federal
Government shall furnish to the task force, upon its request, such data,
reports, and other information (not otherwise prohibited by law) as the
task force deems necessary to carry out its functions under this
section.
''(e) The head of each such department, agency, and instrumentality
may provide to the task force such services and personnel as the task
force requests on such basis (reimbursable or otherwise) as may be
agreed upon between such department, agency, or instrumentality and the
task force.
''(f) The task force shall submit a final report on the results of
its study and investigation to the Congress not later than July 1,
1988.''
section 308; title 49 section 11706.
/1/ So in original. Probably should be ''receipts''.
31 USC 3727. Assignments of claims
TITLE 31 -- MONEY AND FINANCE
(a) In this section, ''assignment'' means --
(1) a transfer or assignment of any part of a claim against the
United States Government or of an interest in the claim; or
(2) the authorization to receive payment for any part of the claim.
(b) An assignment may be made only after a claim is allowed, the
amount of the claim is decided, and a warrant for payment of the claim
has been issued. The assignment shall specify the warrant, must be made
freely, and must be attested to by 2 witnesses. The person making the
assignment shall acknowledge it before an official who may acknowledge a
deed, and the official shall certify the assignment. The certificate
shall state that the official completely explained the assignment when
it was acknowledged. An assignment under this subsection is valid for
any purpose.
(c) Subsection (b) of this section does not apply to an assignment to
a financing institution of money due or to become due under a contract
providing for payments totaling at least $1,000 when --
(1) the contract does not forbid an assignment;
(2) unless the contract expressly provides otherwise, the assignment
--
(A) is for the entire amount not already paid;
(B) is made to only one party, except that it may be made to a party
as agent or trustee for more than one party participating in the
financing; and
(C) may not be reassigned; and
(3) the assignee files a written notice of the assignment and a copy
of the assignment with the contracting official or the head of the
agency, the surety on a bond on the contract, and any disbursing
official for the contract.
(d) During a war or national emergency proclaimed by the President or
declared by law and ended by proclamation or law, a contract with the
Department of Defense, the General Services Administration, the
Department of Energy (when carrying out duties and powers formerly
carried out by the Atomic Energy Commission), or other agency the
President designates may provide, or may be changed without
consideration to provide, that a future payment under the contract to an
assignee is not subject to reduction or setoff. A payment subsequently
due under the contract (even after the war or emergency is ended) shall
be paid to the assignee without a reduction or setoff for liability of
the assignor --
(1) to the Government independent of the contract; or
(2) because of renegotiation, fine, penalty (except an amount that
may be collected or withheld under, or because the assignor does not
comply with, the contract), taxes, social security contributions, or
withholding or failing to withhold taxes or social security
contributions, arising from, or independent of, the contract.
(e)(1) An assignee under this section does not have to make
restitution of, refund, or repay the amount received because of the
liability of the assignor to the Government that arises from or is
independent of the contract.
(2) The Government may not collect or reclaim money paid to a person
receiving an amount under an assignment or allotment of pay or
allowances authorized by law when liability may exist because of the
death of the person making the assignment or allotment.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 976.)
In subsection (a)(1), the words ''or share thereof'' and ''whether
absolute or conditional, and whatever may be the consideration
therefor'' are omitted as surplus. In clause (2), the word
''authorization'' is substituted for ''powers of attorney, orders, or
other authorities'' to eliminate unnecessary words.
In subsections (b) and (c), the word ''official'' is substituted for
''officer'' for consistency in the revised title and with other titles
of the United States Code.
In subsection (b), the words ''Except as hereinafter provided'' are
omitted as unnecessary. The words ''read and'' are omitted as surplus.
The words ''to the person acknowledging the same'' are omitted as
unnecessary. The text of 31:203(1st par. last sentence) is omitted as
superseded by 39:410. The words ''Notwithstanding any law to the
contrary governing the validity of assignments'' and the text of 31:
203(last par.) are omitted as unnecessary.
In subsection (c), before clause (1), the words ''bank, trust
company, or other . . . including any Federal lending agency'' are
omitted as surplus. The words ''of money due or to become due under a
contract providing for payments totaling at least $1,000'' are
substituted for ''in any case in which the moneys due or to become due
from the United States or from any agency or department thereof, under a
contract providing for payments aggregating $1,000 or more'' to
eliminate unnecessary words. The text of 31:203(2d par. proviso cl. 1)
is omitted as executed. In clause (1), the words ''in the case of any
contract entered into after October 9, 1940'' are omitted as executed.
In clause (2)(A), the words ''payable under such contract'' are omitted
as surplus. In clause (3), the words ''true'' and ''instrument of'' are
omitted as surplus. The words ''department or'' are omitted because of
the restatement. The words ''if any'' and ''to make payment'' are
omitted as surplus.
In subsection (d), before clause (1), the words ''During a war or
national emergency proclaimed by the President or declared by law and
ended by proclamation or law'' are substituted for ''in time of war or
national emergency proclaimed by the President (including the national
emergency proclaimed December 16, 1950) or by Act or joint resolution of
the Congress and until such war or national emergency has been
terminated in such manner'' to eliminate unnecessary words. The words
''Department of Energy (when carrying out duties and powers formerly
carried out by the Atomic Energy Commission)'' are substituted for
''Atomic Energy Commission'' (which was reconstituted as the Energy
Research and Development Administration by 42:5813 and 5814) because of
42:7151(a) and 7293. The words ''other department or . . . of the
United States . . . except any such contract under which full payment
has been made'' and ''of any moneys due or to become due under such
contract'' before ''shall not be subject'' are omitted as surplus. The
words ''A payment subsequently due under the contract (even after the
war or emergency is ended) shall be paid to the assignee without'' are
substituted for ''and if such provision or one to the same general
effect has been at any time heretofore or is hereafter included or
inserted in any such contract, payments to be made thereafter to an
assignee of any moneys due or to become due under such contract, whether
during or after such war or emergency . . . hereafter'' to eliminate
unnecessary words. The words ''of any nature'' are omitted as surplus.
In clause (1), the words ''or any department or agency thereof'' are
omitted as unnecessary. In clause (2), the words ''under any
renegotiation statute or under any statutory renegotiation article in
the contract'' are omitted as surplus.
Subsection (e)(1) is substituted for 31:203(4th par.) to eliminate
unnecessary words.
In subsection (e)(2), the words ''person receiving an amount under an
assignment or allotment'' are substituted for ''assignees, transferees,
or allottees'' for clarity and consistency. The words ''or to others
for them'' and ''with respect to such assignments, transfers, or
allotments or the use of such moneys'' are omitted as surplus. The
words ''person making the assignment or allotment'' are substituted for
''assignors, transferors, or allotters'' for clarity and consistency.
title 43 section 1628; title 50 section 1651.
31 USC 3728. Setoff against judgment
TITLE 31 -- MONEY AND FINANCE
(a) The Comptroller General shall withhold paying that part of a
judgment against the United States Government presented to the
Comptroller General that is equal to a debt the plaintiff owes the
Government.
(b) The Comptroller General shall --
(1) discharge the debt if the plaintiff agrees to the setoff and
discharges a part of the judgment equal to the debt; or
(2)(A) withhold payment of an additional amount the Comptroller
General decides will cover legal costs of bringing a civil action for
the debt if the plaintiff denies the debt or does not agree to the
setoff; and
(B) have a civil action brought if one has not already been brought.
(c) If the Government loses a civil action to recover a debt or
recovers less than the amount the Comptroller General withholds under
this section, the Comptroller General shall pay the plaintiff the
balance and interest of 6 percent for the time the money is withheld.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 977.)
In the section, the words ''of the United States'' are omitted as
unnecessary.
In subsection (a), the words ''final . . . recovered . . . duly
allowed by legal authority'', ''for payment'', and ''in any manner,
whether as principal or surety'' are omitted as surplus.
In subsection (b)(1), the words ''due from the plaintiff to the
United States'' are omitted as surplus.
In subsection (b)(2)(A), the words ''of such judgment'', ''be
sufficient to'', and ''charges and'' are omitted as surplus. The words
''of bringing a civil action'' are substituted for ''in prosecuting the
debt'' for consistency in the revised title and with other titles of the
United States Code. The words ''of the United States to final
judgment'' and ''to the United States'' are omitted as surplus.
Subsection (b)(2)(B) is substituted for 31:227(3d sentence) for
consistency and to eliminate unnecessary words.
In subsection (c), the words ''for debt and costs'', ''thereon'', and
''from the plaintiff'' are omitted as surplus.
31 USC 3729. False claims
TITLE 31 -- MONEY AND FINANCE
(a) Liability for Certain Acts. -- Any person who --
(1) knowingly presents, or causes to be presented, to an officer or
employee of the United States Government or a member of the Armed Forces
of the United States a false or fraudulent claim for payment or
approval;
(2) knowingly makes, uses, or causes to be made or used, a false
record or statement to get a false or fraudulent claim paid or approved
by the Government;
(3) conspires to defraud the Government by getting a false or
fraudulent claim allowed or paid;
(4) has possession, custody, or control of property or money used, or
to be used, by the Government and, intending to defraud the Government
or willfully to conceal the property, delivers, or causes to be
delivered, less property than the amount for which the person receives a
certificate or receipt;
(5) authorized to make or deliver a document certifying receipt of
property used, or to be used, by the Government and, intending to
defraud the Government, makes or delivers the receipt without completely
knowing that the information on the receipt is true;
(6) knowingly buys, or receives as a pledge of an obligation or debt,
public property from an officer or employee of the Government, or a
member of the Armed Forces, who lawfully may not sell or pledge the
property; or
(7) knowingly makes, uses, or causes to be made or used, a false
record or statement to conceal, avoid, or decrease an obligation to pay
or transmit money or property to the Government,
is liable to the United States Government for a civil penalty of not
less than $5,000 and not more than $10,000, plus 3 times the amount of
damages which the Government sustains because of the act of that person,
except that if the court finds that --
(A) the person committing the violation of this subsection furnished
officials of the United States responsible for investigating false
claims violations with all information known to such person about the
violation within 30 days after the date on which the defendant first
obtained the information;
(B) such person fully cooperated with any Government investigation of
such violation; and
(C) at the time such person furnished the United States with the
information about the violation, no criminal prosecution, civil action,
or administrative action had commenced under this title with respect to
such violation, and the person did not have actual knowledge of the
existence of an investigation into such violation;
the court may assess not less than 2 times the amount of damages
which the Government sustains because of the act of the person. A
person violating this subsection shall also be liable to the United
States Government for the costs of a civil action brought to recover any
such penalty or damages.
(b) Knowing and Knowingly Defined. -- For purposes of this section,
the terms ''knowing'' and ''knowingly'' mean that a person, with respect
to information --
(1) has actual knowledge of the information;
(2) acts in deliberate ignorance of the truth or falsity of the
information; or
(3) acts in reckless disregard of the truth or falsity of the
information,
and no proof of specific intent to defraud is required.
(c) Claim Defined. -- For purposes of this section, ''claim''
includes any request or demand, whether under a contract or otherwise,
for money or property which is made to a contractor, grantee, or other
recipient if the United States Government provides any portion of the
money or property which is requested or demanded, or if the Government
will reimburse such contractor, grantee, or other recipient for any
portion of the money or property which is requested or demanded.
(d) Exemption From Disclosure. -- Any information furnished pursuant
to subparagraphs (A) through (C) of subsection (a) shall be exempt from
disclosure under section 552 of title 5.
(e) Exclusion. -- This section does not apply to claims, records, or
statements made under the Internal Revenue Code of 1954. /1/
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 978; Pub. L. 99-562, 2,
Oct. 27, 1986, 100 Stat. 3153.)
In the section, before clause (1), the words ''a member of an armed
force of the United States'' are substituted for ''in the military or
naval forces of the United States, or in the militia called into or
actually employed in the service of the United States'' and ''military
or naval service'' for consistency with title 10. The words ''is
liable'' are substituted for ''shall forfeit and pay'' for consistency.
The words ''civil action'' are substituted for ''suit'' for consistency
in the revised title and with other titles of the United States Code.
The words ''and such forfeiture and damages shall be sued for in the
same suit'' are omitted as unnecessary because of rules 8 and 10 of the
Federal Rules of Civil Procedure (28 App. U.S.C.). In clauses (1)-(3),
the words ''false or fraudulent'' are substituted for ''false,
fictitious, or fraudulent'' and ''Fraudulent or fictitious'' to
eliminate unnecessary words and for consistency. In clause (1), the
words ''presents, or causes to be presented'' are substituted for
''shall make or cause to be made, or present or cause to be presented''
for clarity and consistency and to eliminate unnecessary words. The
words ''officer or employee of the Government or a member of an armed
force'' are substituted for ''officer in the civil, military, or naval
service of the United States'' for consistency in the revised title and
with other titles of the Code. The words ''upon or against the
Government of the United States, or any department of the United States,
or any department or officer thereof'' are omitted as surplus. In
clause (2), the word ''knowingly'' is substituted for ''knowing the same
to contain any fraudulent or fictitious statement or entry'' to
eliminate unnecessary words. The words ''record or statement'' are
substituted for ''bill, receipt, voucher, roll, account, claim,
certificate, affidavit, or deposition'' for consistency in the revised
title and with other titles of the Code. In clause (3), the words
''conspires to'' are substituted for ''enters into any agreement,
combination, or conspiracy'' to eliminate unnecessary words. The words
''of the United States, or any department or officer thereof'' are
omitted as surplus. In clause (4), the words ''charge'', ''or other'',
and ''to any other person having authority to receive the same'' are
omitted as surplus. In clause (5), the words ''document certifying
receipt'' are substituted for ''certificate, voucher, receipt, or other
paper certifying the receipt'' to eliminate unnecessary words. The
words ''arms, ammunition, provisions, clothing, or other'', ''to any
other person'', and ''the truth of'' are omitted as surplus. In clause
(6), the words ''arms, equipments, ammunition, clothes, military stores,
or other'' are omitted as surplus. The words ''member of an armed
force'' are substituted for ''soldier, officer, sailor, or other person
called into or employed in the military or naval service'' for
consistency with title 10. The words ''such soldier, sailor, officer,
or other person'' are omitted as surplus.
The Internal Revenue Code of 1954, referred to in subsec. (e), was
redesignated the Internal Revenue Code of 1986 by Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095, and is classified to Title 26, Internal
Revenue Code.
1986 -- Subsec. (a). Pub. L. 99-562, 2(1), designated existing
provisions as subsec. (a), inserted subsec. heading, and substituted
''Any person who'' for ''A person not a member of an armed force of the
United States is liable to the United States Government for a civil
penalty of $2,000, an amount equal to 2 times the amount of damages the
Government sustains because of the act of that person, and costs of the
civil action, if the person'' in introductory provisions.
Subsec. (a)(1). Pub. L. 99-562, 2(2), substituted ''United States
Government or a member of the Armed Forces of the United States'' for
''Government or a member of an armed force''.
Subsec. (a)(2). Pub. L. 99-562, 2(3), inserted ''by the Government''
after ''approved''.
Subsec. (a)(4). Pub. L. 99-562, 2(4), substituted ''control of
property'' for ''control of public property'' and ''by the Government''
for ''in an armed force''.
Subsec. (a)(5). Pub. L. 99-562, 2(5), substituted ''by the
Government'' for ''in an armed force'' and ''true;'' for ''true; or''.
Subsec. (a)(6). Pub. L. 99-562, 2(6), substituted ''an officer or
employee of the Government, or a member of the Armed Forces,'' for ''a
member of an armed force'' and ''property; or'' for ''property.''
Subsec. (a)(7). Pub. L. 99-562, 2(7), added par. (7).
Subsecs. (b) to (e). Pub. L. 99-562, 2(7), added subsecs. (b) to
(e).
Pub. L. 99-145, title IX, 931(b), Nov. 8, 1985, 99 Stat. 699,
provided that: ''Notwithstanding section 3729 of title 31, United
States Code, the amount of the liability under that section in the case
of a person who makes a false claim related to a contract with the
Department of Defense shall be a civil penalty of $2,000, an amount
equal to three times the amount of the damages the Government sustains
because of the act of the person, and costs of the civil action.''
(Section 931(c) of Pub. L. 99-145 provided that section 931(b) is
applicable to claims made or presented on or after Nov. 8, 1985.)
/1/ See References in Text note below.
31 USC 3730. Civil actions for false claims
TITLE 31 -- MONEY AND FINANCE
(a) Responsibilities of the Attorney General. -- The Attorney General
diligently shall investigate a violation under section 3729. If the
Attorney General finds that a person has violated or is violating
section 3729, the Attorney General may bring a civil action under this
section against the person.
(b) Actions by Private Persons. -- (1) A person may bring a civil
action for a violation of section 3729 for the person and for the United
States Government. The action shall be brought in the name of the
Government. The action may be dismissed only if the court and the
Attorney General give written consent to the dismissal and their reasons
for consenting.
(2) A copy of the complaint and written disclosure of substantially
all material evidence and information the person possesses shall be
served on the Government pursuant to Rule 4(d)(4) of the Federal Rules
of Civil Procedure. The complaint shall be filed in camera, shall
remain under seal for at least 60 days, and shall not be served on the
defendant until the court so orders. The Government may elect to
intervene and proceed with the action within 60 days after it receives
both the complaint and the material evidence and information.
(3) The Government may, for good cause shown, move the court for
extensions of the time during which the complaint remains under seal
under paragraph (2). Any such motions may be supported by affidavits or
other submissions in camera. The defendant shall not be required to
respond to any complaint filed under this section until 20 days after
the complaint is unsealed and served upon the defendant pursuant to Rule
4 of the Federal Rules of Civil Procedure.
(4) Before the expiration of the 60-day period or any extensions
obtained under paragraph (3), the Government shall --
(A) proceed with the action, in which case the action shall be
conducted by the Government; or
(B) notify the court that it declines to take over the action, in
which case the person bringing the action shall have the right to
conduct the action.
(5) When a person brings an action under this subsection, no person
other than the Government may intervene or bring a related action based
on the facts underlying the pending action.
(c) Rights of the Parties to Qui Tam Actions. -- (1) If the
Government proceeds with the action, it shall have the primary
responsibility for prosecuting the action, and shall not be bound by an
act of the person bringing the action. Such person shall have the right
to continue as a party to the action, subject to the limitations set
forth in paragraph (2).
(2)(A) The Government may dismiss the action notwithstanding the
objections of the person initiating the action if the person has been
notified by the Government of the filing of the motion and the court has
provided the person with an opportunity for a hearing on the motion.
(B) The Government may settle the action with the defendant
notwithstanding the objections of the person initiating the action if
the court determines, after a hearing, that the proposed settlement is
fair, adequate, and reasonable under all the circumstances. Upon a
showing of good cause, such hearing may be held in camera.
(C) Upon a showing by the Government that unrestricted participation
during the course of the litigation by the person initiating the action
would interfere with or unduly delay the Government's prosecution of the
case, or would be repetitious, irrelevant, or for purposes of
harassment, the court may, in its discretion, impose limitations on the
person's participation, such as --
(i) limiting the number of witnesses the person may call;
(ii) limiting the length of the testimony of such witnesses;
(iii) limiting the person's cross-examination of witnesses; or
(iv) otherwise limiting the participation by the person in the
litigation.
(D) Upon a showing by the defendant that unrestricted participation
during the course of the litigation by the person initiating the action
would be for purposes of harassment or would cause the defendant undue
burden or unnecessary expense, the court may limit the participation by
the person in the litigation.
(3) If the Government elects not to proceed with the action, the
person who initiated the action shall have the right to conduct the
action. If the Government so requests, it shall be served with copies
of all pleadings filed in the action and shall be supplied with copies
of all deposition transcripts (at the Government's expense). When a
person proceeds with the action, the court, without limiting the status
and rights of the person initiating the action, may nevertheless permit
the Government to intervene at a later date upon a showing of good
cause.
(4) Whether or not the Government proceeds with the action, upon a
showing by the Government that certain actions of discovery by the
person initiating the action would interfere with the Government's
investigation or prosecution of a criminal or civil matter arising out
of the same facts, the court may stay such discovery for a period of not
more than 60 days. Such a showing shall be conducted in camera. The
court may extend the 60-day period upon a further showing in camera that
the Government has pursued the criminal or civil investigation or
proceedings with reasonable diligence and any proposed discovery in the
civil action will interfere with the ongoing criminal or civil
investigation or proceedings.
(5) Notwithstanding subsection (b), the Government may elect to
pursue its claim through any alternate remedy available to the
Government, including any administrative proceeding to determine a civil
money penalty. If any such alternate remedy is pursued in another
proceeding, the person initiating the action shall have the same rights
in such proceeding as such person would have had if the action had
continued under this section. Any finding of fact or conclusion of law
made in such other proceeding that has become final shall be conclusive
on all parties to an action under this section. For purposes of the
preceding sentence, a finding or conclusion is final if it has been
finally determined on appeal to the appropriate court of the United
States, if all time for filing such an appeal with respect to the
finding or conclusion has expired, or if the finding or conclusion is
not subject to judicial review.
(d) Award to Qui Tam Plaintiff. -- (1) If the Government proceeds
with an action brought by a person under subsection (b), such person
shall, subject to the second sentence of this paragraph, receive at
least 15 percent but not more than 25 percent of the proceeds of the
action or settlement of the claim, depending upon the extent to which
the person substantially contributed to the prosecution of the action.
Where the action is one which the court finds to be based primarily on
disclosures of specific information (other than information provided by
the person bringing the action) relating to allegations or transactions
in a criminal, civil, or administrative hearing, in a congressional,
administrative, or Government /1/ Accounting Office report, hearing,
audit, or investigation, or from the news media, the court may award
such sums as it considers appropriate, but in no case more than 10
percent of the proceeds, taking into account the significance of the
information and the role of the person bringing the action in advancing
the case to litigation. Any payment to a person under the first or
second sentence of this paragraph shall be made from the proceeds. Any
such person shall also receive an amount for reasonable expenses which
the court finds to have been necessarily incurred, plus reasonable
attorneys' fees and costs. All such expenses, fees, and costs shall be
awarded against the defendant.
(2) If the Government does not proceed with an action under this
section, the person bringing the action or settling the claim shall
receive an amount which the court decides is reasonable for collecting
the civil penalty and damages. The amount shall be not less than 25
percent and not more than 30 percent of the proceeds of the action or
settlement and shall be paid out of such proceeds. Such person shall
also receive an amount for reasonable expenses which the court finds to
have been necessarily incurred, plus reasonable attorneys' fees and
costs. All such expenses, fees, and costs shall be awarded against the
defendant.
(3) Whether or not the Government proceeds with the action, if the
court finds that the action was brought by a person who planned and
initiated the violation of section 3729 upon which the action was
brought, then the court may, to the extent the court considers
appropriate, reduce the share of the proceeds of the action which the
person would otherwise receive under paragraph (1) or (2) of this
subsection, taking into account the role of that person in advancing the
case to litigation and any relevant circumstances pertaining to the
violation. If the person bringing the action is convicted of criminal
conduct arising from his or her role in the violation of section 3729,
that person shall be dismissed from the civil action and shall not
receive any share of the proceeds of the action. Such dismissal shall
not prejudice the right of the United States to continue the action,
represented by the Department of Justice.
(4) If the Government does not proceed with the action and the person
bringing the action conducts the action, the court may award to the
defendant its reasonable attorneys' fees and expenses if the defendant
prevails in the action and the court finds that the claim of the person
bringing the action was clearly frivolous, clearly vexatious, or brought
primarily for purposes of harassment.
(e) Certain Actions Barred. -- (1) No court shall have jurisdiction
over an action brought by a former or present member of the armed forces
under subsection (b) of this section against a member of the armed
forces arising out of such person's service in the armed forces.
(2)(A) No court shall have jurisdiction over an action brought under
subsection (b) against a Member of Congress, a member of the judiciary,
or a senior executive branch official if the action is based on evidence
or information known to the Government when the action was brought.
(B) For purposes of this paragraph, ''senior executive branch
official'' means any officer or employee listed in section /2/
paragraphs (1) through (8) of section 101(f) of the Ethics in Government
Act of 1978 (5 U.S.C. App.).
(3) In no event may a person bring an action under subsection (b)
which is based upon allegations or transactions which are the subject of
a civil suit or an administrative civil money penalty proceeding in
which the Government is already a party.
(4)(A) No court shall have jurisdiction over an action under this
section based upon the public disclosure of allegations or transactions
in a criminal, civil, or administrative hearing, in a congressional,
administrative, or Government /3/ Accounting Office report, hearing,
audit, or investigation, or from the news media, unless the action is
brought by the Attorney General or the person bringing the action is an
original source of the information.
(B) For purposes of this paragraph, ''original source'' means an
individual who has direct and independent knowledge of the information
on which the allegations are based and has voluntarily provided the
information to the Government before filing an action under this section
which is based on the information.
(f) Government Not Liable for Certain Expenses. -- The Government is
not liable for expenses which a person incurs in bringing an action
under this section.
(g) Fees and Expenses to Prevailing Defendant. -- In civil actions
brought under this section by the United States, the provisions of
section 2412(d) of title 28 shall apply.
(h) Any employee who is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against in the terms and
conditions of employment by his or her employer because of lawful acts
done by the employee on behalf of the employee or others in furtherance
of an action under this section, including investigation for, initiation
of, testimony for, or assistance in an action filed or to be filed under
this section, shall be entitled to all relief necessary to make the
employee whole. Such relief shall include reinstatement with the same
seniority status such employee would have had but for the
discrimination, 2 times the amount of back pay, interest on the back
pay, and compensation for any special damages sustained as a result of
the discrimination, including litigation costs and reasonable attorneys'
fees. An employee may bring an action in the appropriate district court
of the United States for the relief provided in this subsection.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 978; Pub. L. 99-562, 3, 4,
Oct. 27, 1986, 100 Stat. 3154, 3157; Pub. L. 100-700, 9, Nov. 19, 1988,
102 Stat. 4638; Pub. L. 101-280, 10(a), May 4, 1990, 104 Stat. 162.)
In the section, the words ''civil action'' are substituted for
''suit'' for consistency in the revised title and with other titles of
the United States Code.
In subsection (a), the words ''Attorney General'' are substituted for
''several district attorneys of the United States (subsequently changed
to 'United States attorneys' because of section 1 of the Act of June 25,
1948 (ch. 646, 62 Stat. 909)) for the respective districts, for the
District of Columbia, and for the several Territories'' because of
28:509. The words ''by persons liable to such suit'' are omitted as
surplus. The words ''and found within their respective districts or
Territories'' are omitted because of the restatement. The words ''If
the Attorney General finds that a person has violated or is violating
section 3729, the Attorney General may bring a civil action under this
section against the person'' are substituted for ''and to cause them to
be proceeded against in due form of law for the recovery of such
forfeiture and damages'' for clarity and consistency. The words ''as
the district judge may order'' are omitted as surplus. The words ''of
the Attorney General'' are substituted for ''the person bringing the
suit'' for consistency in the section.
In subsection (b)(1), the words ''Except as hereinafter provided''
are omitted as unnecessary. The words ''for a violation of section 3729
of this title'' are added because of the restatement. The words ''and
carried on'', ''several'' and ''full power and'' are omitted as surplus.
The words ''of the action'' are substituted for ''to hear, try, and
determine such suit'' to eliminate unnecessary words. The words ''Trial
is in the judicial district within whose jurisdictional limits the
person charged with a violation is found or the violation occurs'' are
substituted for ''within whose jurisdictional limits the person doing or
committing such act shall be found, shall wheresoever such act may have
been done or committed'' for consistency in the revised title and with
other titles of the Code. The words ''withdrawn or'' and ''judge of
the'' are omitted as surplus. The words ''Attorney General'' are
substituted for ''district attorney (subsequently changed to 'United
States attorneys' because of section 1 of the Act of June 25, 1948 (ch.
646, 62 Stat. 909)), first filed in the case'' because of 28:509.
In subsection (b)(2), before clause (A), the words ''bill of'',
''Whenever any such suit shall be brought by any person under clause (B)
of this section'' and ''to the effective prosecution of such suit or''
are omitted as surplus. The words ''served on the Government under rule
4 of the Federal Rules of Civil Procedure (28 App. U.S.C.)'' are
substituted for ''notice . . . shall be given to the United States by
serving upon the United States Attorney for the district in which such
suit shall have been brought . . . and by sending, by registered mail,
or by certified mail, to the Attorney General of the United States at
Washington, District of Columbia'' because of 28:509 and to eliminate
unnecessary words. The words ''proceed with the action'' are added for
clarity. Clause (A) is substituted for ''shall fail, or decline in
writing to the court, during said period of sixty days to enter any such
suit'' for clarity and consistency. In clause (B), the words ''a period
of'' and ''therein'' are omitted as surplus.
In subsection (b)(3), the words ''within said period'' are omitted as
surplus. The words ''proceeds with the action'' are substituted for
''shall enter appearance in such suit'' for consistency. The words ''In
carrying on such suit'' and ''and may proceed in all respects as if it
were instituting the suit'' are omitted as surplus.
In subsection (b)(4), the words ''Unless the Government proceeds with
the action'' are added because of the restatement. The words ''shall
dismiss an action brought by the person on discovering'' are substituted
for ''shall have no jurisdiction to proceed with any such suit . . . or
pending suit . . . whenever it shall be made to appear that'' to
eliminate unnecessary words. The words ''or any agency, officer, or
employee thereof'' are omitted as unnecessary. The text of
31:232(C)(last sentence proviso) and (D) is omitted as executed.
In subsection (c), the words ''herein provided'', ''fair and . . .
compensation to such person'', and ''involved therein, which shall be
collected'' are omitted as surplus.
In subsection (c)(2), the words ''whether heretofore or hereafter
brought'' are omitted as unnecessary. The words ''bringing the action
or settling the claim'' are substituted for ''who brought such suit and
prosecuted it to final judgment, or to settlement'' for clarity and
consistency. The words ''as provided in clause (B) of this section''
are omitted as unnecessary. The words ''the civil penalty'' are
substituted for ''forfeiture'' for clarity and consistency. The words
''to his own use'', ''the court may'', and ''to be allowed and taxed
according to any provision of law or rule of court in force, or that
shall be in force in suits between private parties in said court'' are
omitted as surplus.
Subsection (d) is substituted for 31:232(B)(words between 3d and 4th
commas) and (E)(2)(proviso) to eliminate unnecessary words.
The Federal Rules of Civil Procedure, referred to in subsec. (b)(2),
(3), are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Section 101(f) of the Ethics in Government Act of 1978, referred to
in subsec. (e)(2)(B), is section 101(f) of Pub. L. 95-521, title I,
Oct. 26, 1978, 92 Stat. 1824, as amended, which was set out in the
Appendix to Title 5, Government Organization and Employees.
1990 -- Subsec. (e)(2)(B). Pub. L. 101-280 substituted ''paragraphs
(1) through (8) of section 101(f)'' for ''201(f)''.
1988 -- Subsec. (c)(4). Pub. L. 100-700, 9(b)(1), which directed
amendment of section 3730 of title 28 by substituting ''with the
action'' for ''with action'' in subsec. (c)(4), was executed to subsec.
(c)(4) of this section as the probable intent of Congress.
Subsec. (d)(3). Pub. L. 100-700, 9(a)(1), (2), added par. (3).
Former par. (3) redesignated (4).
Subsec. (d)(4). Pub. L. 100-700, 9(b)(2), which directed amendment of
section 3730 of title 28 by substituting ''claim of the person bringing
the action'' for ''claim of the person bringing the actions'' in subsec.
(d)(4), was executed to subsec. (d)(4) of this section as the probable
intent of Congress.
Pub. L. 100-700, 9(a)(1), redesignated former par. (3) as (4).
1986 -- Pub. L. 99-562, 3, amended section generally, revising and
expanding provisions of subsecs. (a) to (c), adding subsecs. (d) and
(e), redesignating former subsec. (d) as (f), and adding subsec. (g).
Subsec. (h). Pub. L. 99-562, 4, added subsec. (h).
Amendment by Pub. L. 101-280 effective Jan. 1, 1991, see section
10(c) of Pub. L. 101-280, set out as a note under section 2397a of
Title 10, Armed Forces.
/1/ So in original. Probably should be ''General''.
/2/ So in original. The word ''section'' probably should not appear.
/3/ So in original. Probably should be ''General''.
31 USC 3731. False claims procedure
TITLE 31 -- MONEY AND FINANCE
(a) A subpena requiring the attendance of a witness at a trial or
hearing conducted under section 3730 of this title may be served at any
place in the United States.
(b) A civil action under section 3730 may not be brought --
(1) more than 6 years after the date on which the violation of
section 3729 is committed, or
(2) more than 3 years after the date when facts material to the right
of action are known or reasonably should have been known by the official
of the United States charged with responsibility to act in the
circumstances, but in no event more than 10 years after the date on
which the violation is committed,
whichever occurs last.
(c) In any action brought under section 3730, the United States shall
be required to prove all essential elements of the cause of action,
including damages, by a preponderance of the evidence.
(d) Notwithstanding any other provision of law, the Federal Rules of
Criminal Procedure, or the Federal Rules of Evidence, a final judgment
rendered in favor of the United States in any criminal proceeding
charging fraud or false statements, whether upon a verdict after trial
or upon a plea of guilty or nolo contendere, shall estop the defendant
from denying the essential elements of the offense in any action which
involves the same transaction as in the criminal proceeding and which is
brought under subsection (a) or (b) of section 3730.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 979; Pub. L. 99-562, 5,
Oct. 27, 1986, 100 Stat. 3158.)
In subsection (b), the words ''A civil action under section 3730 of
this title'' are substituted for ''Every such suit'' for clarity.
The Federal Rules of Criminal Procedure, referred to in subsec. (d),
are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
The Federal Rules of Evidence, referred to in subsec. (d), are set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
1986 -- Subsecs. (b) to (d). Pub. L. 99-562 added subsecs. (b) to
(d) and struck out former subsec. (b) which read as follows: ''A civil
action under section 3730 of this title must be brought within 6 years
from the date the violation is committed.''
31 USC 3732. False claims jurisdiction
TITLE 31 -- MONEY AND FINANCE
(a) Actions Under Section 3730. -- Any action under section 3730 may
be brought in any judicial district in which the defendant or, in the
case of multiple defendants, any one defendant can be found, resides,
transacts business, or in which any act proscribed by section 3729
occurred. A summons as required by the Federal Rules of Civil Procedure
shall be issued by the appropriate district court and served at any
place within or outside the United States.
(b) Claims Under State Law. -- The district courts shall have
jurisdiction over any action brought under the laws of any State for the
recovery of funds paid by a State or local government if the action
arises from the same transaction or occurrence as an action brought
under section 3730.
(Added Pub. L. 99-562, 6(a), Oct. 21, 1986, 100 Stat. 3158.)
The Federal Rules of Civil Procedure, referred to in subsec. (a),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
31 USC 3733. Civil investigative demands
TITLE 31 -- MONEY AND FINANCE
(a) In General. --
(1) Issuance and service. -- Whenever the Attorney General has reason
to believe that any person may be in possession, custody, or control of
any documentary material or information relevant to a false claims law
investigation, the Attorney General may, before commencing a civil
proceeding under section 3730 or other false claims law, issue in
writing and cause to be served upon such person, a civil investigative
demand requiring such person --
(A) to produce such documentary material for inspection and copying,
(B) to answer in writing written interrogatories with respect to such
documentary material or information,
(C) to give oral testimony concerning such documentary material or
information, or
(D) to furnish any combination of such material, answers, or
testimony.
The Attorney General may not delegate the authority to issue civil
investigative demands under this subsection. Whenever a civil
investigative demand is an express demand for any product of discovery,
the Attorney General, the Deputy Attorney General, or an Assistant
Attorney General shall cause to be served, in any manner authorized by
this section, a copy of such demand upon the person from whom the
discovery was obtained and shall notify the person to whom such demand
is issued of the date on which such copy was served.
(2) Contents and deadlines. --
(A) Each civil investigative demand issued under paragraph (1) shall
state the nature of the conduct constituting the alleged violation of a
false claims law which is under investigation, and the applicable
provision of law alleged to be violated.
(B) If such demand is for the production of documentary material, the
demand shall --
(i) describe each class of documentary material to be produced with
such definiteness and certainty as to permit such material to be fairly
identified;
(ii) prescribe a return date for each such class which will provide a
reasonable period of time within which the material so demanded may be
assembled and made available for inspection and copying; and
(iii) identify the false claims law investigator to whom such
material shall be made available.
(C) If such demand is for answers to written interrogatories, the
demand shall --
(i) set forth with specificity the written interrogatories to be
answered;
(ii) prescribe dates at which time answers to written interrogatories
shall be submitted; and
(iii) identify the false claims law investigator to whom such answers
shall be submitted.
(D) If such demand is for the giving of oral testimony, the demand
shall --
(i) prescribe a date, time, and place at which oral testimony shall
be commenced;
(ii) identify a false claims law investigator who shall conduct the
examination and the custodian to whom the transcript of such examination
shall be submitted;
(iii) specify that such attendance and testimony are necessary to the
conduct of the investigation;
(iv) notify the person receiving the demand of the right to be
accompanied by an attorney and any other representative; and
(v) describe the general purpose for which the demand is being issued
and the general nature of the testimony, including the primary areas of
inquiry, which will be taken pursuant to the demand.
(E) Any civil investigative demand issued under this section which is
an express demand for any product of discovery shall not be returned or
returnable until 20 days after a copy of such demand has been served
upon the person from whom the discovery was obtained.
(F) The date prescribed for the commencement of oral testimony
pursuant to a civil investigative demand issued under this section shall
be a date which is not less than seven days after the date on which
demand is received, unless the Attorney General or an Assistant Attorney
General designated by the Attorney General determines that exceptional
circumstances are present which warrant the commencement of such
testimony within a lesser period of time.
(G) The Attorney General shall not authorize the issuance under this
section of more than one civil investigative demand for oral testimony
by the same person unless the person requests otherwise or unless the
Attorney General, after investigation, notifies that person in writing
that an additional demand for oral testimony is necessary. The Attorney
General may not, notwithstanding section 510 of title 28, authorize the
performance, by any other officer, employee, or agency, of any function
vested in the Attorney General under this subparagraph.
(b) Protected Material or Information. --
(1) In general. -- A civil investigative demand issued under
subsection (a) may not require the production of any documentary
material, the submission of any answers to written interrogatories, or
the giving of any oral testimony if such material, answers, or testimony
would be protected from disclosure under --
(A) the standards applicable to subpoenas or subpoenas duces tecum
issued by a court of the United States to aid in a grand jury
investigation; or
(B) the standards applicable to discovery requests under the Federal
Rules of Civil Procedure, to the extent that the application of such
standards to any such demand is appropriate and consistent with the
provisions and purposes of this section.
(2) Effect on other orders, rules, and laws. -- Any such demand which
is an express demand for any product of discovery supersedes any
inconsistent order, rule, or provision of law (other than this section)
preventing or restraining disclosure of such product of discovery to any
person. Disclosure of any product of discovery pursuant to any such
express demand does not constitute a waiver of any right or privilege
which the person making such disclosure may be entitled to invoke to
resist discovery of trial preparation materials.
(c) Service; Jurisdiction. --
(1) By whom served. -- Any civil investigative demand issued under
subsection (a) may be served by a false claims law investigator, or by a
United States marshal or a deputy marshal, at any place within the
territorial jurisdiction of any court of the United States.
(2) Service in foreign countries. -- Any such demand or any petition
filed under subsection (j) may be served upon any person who is not
found within the territorial jurisdiction of any court of the United
States in such manner as the Federal Rules of Civil Procedure prescribe
for service in a foreign country. To the extent that the courts of the
United States can assert jurisdiction over any such person consistent
with due process, the United States District Court for the District of
Columbia shall have the same jurisdiction to take any action respecting
compliance with this section by any such person that such court would
have if such person were personally within the jurisdiction of such
court.
(d) Service Upon Legal Entities and Natural Persons. --
(1) Legal entities. -- Service of any civil investigative demand
issued under subsection (a) or of any petition filed under subsection
(j) may be made upon a partnership, corporation, association, or other
legal entity by --
(A) delivering an executed copy of such demand or petition to any
partner, executive officer, managing agent, or general agent of the
partnership, corporation, association, or entity, or to any agent
authorized by appointment or by law to receive service of process on
behalf of such partnership, corporation, association, or entity;
(B) delivering an executed copy of such demand or petition to the
principal office or place of business of the partnership, corporation,
association, or entity; or
(C) depositing an executed copy of such demand or petition in the
United States mails by registered or certified mail, with a return
receipt requested, addressed to such partnership, corporation,
association, or entity at its principal office or place of business.
(2) Natural persons. -- Service of any such demand or petition may be
made upon any natural person by --
(A) delivering an executed copy of such demand or petition to the
person; or
(B) depositing an executed copy of such demand or petition in the
United States mails by registered or certified mail, with a return
receipt requested, addressed to the person at the person's residence or
principal office or place of business.
(e) Proof of Service. -- A verified return by the individual serving
any civil investigative demand issued under subsection (a) or any
petition filed under subsection (j) setting forth the manner of such
service shall be proof of such service. In the case of service by
registered or certified mail, such return shall be accompanied by the
return post office receipt of delivery of such demand.
(f) Documentary Material. --
(1) Sworn certificates. -- The production of documentary material in
response to a civil investigative demand served under this section shall
be made under a sworn certificate, in such form as the demand
designates, by --
(A) in the case of a natural person, the person to whom the demand is
directed, or
(B) in the case of a person other than a natural person, a person
having knowledge of the facts and circumstances relating to such
production and authorized to act on behalf of such person.
The certificate shall state that all of the documentary material
required by the demand and in the possession, custody, or control of the
person to whom the demand is directed has been produced and made
available to the false claims law investigator identified in the demand.
(2) Production of materials. -- Any person upon whom any civil
investigative demand for the production of documentary material has been
served under this section shall make such material available for
inspection and copying to the false claims law investigator identified
in such demand at the principal place of business of such person, or at
such other place as the false claims law investigator and the person
thereafter may agree and prescribe in writing, or as the court may
direct under subsection (j)(1). Such material shall be made so
available on the return date specified in such demand, or on such later
date as the false claims law investigator may prescribe in writing.
Such person may, upon written agreement between the person and the false
claims law investigator, substitute copies for originals of all or any
part of such material.
(g) Interrogatories. -- Each interrogatory in a civil investigative
demand served under this section shall be answered separately and fully
in writing under oath and shall be submitted under a sworn certificate,
in such form as the demand designates, by --
(1) in the case of a natural person, the person to whom the demand is
directed, or
(2) in the case of a person other than a natural person, the person
or persons responsible for answering each interrogatory.
If any interrogatory is objected to, the reasons for the objection
shall be stated in the certificate instead of an answer. The
certificate shall state that all information required by the demand and
in the possession, custody, control, or knowledge of the person to whom
the demand is directed has been submitted. To the extent that any
information is not furnished, the information shall be identified and
reasons set forth with particularity regarding the reasons why the
information was not furnished.
(h) Oral Examinations. --
(1) Procedures. -- The examination of any person pursuant to a civil
investigative demand for oral testimony served under this section shall
be taken before an officer authorized to administer oaths and
affirmations by the laws of the United States or of the place where the
examination is held. The officer before whom the testimony is to be
taken shall put the witness on oath or affirmation and shall, personally
or by someone acting under the direction of the officer and in the
officer's presence, record the testimony of the witness. The testimony
shall be taken stenographically and shall be transcribed. When the
testimony is fully transcribed, the officer before whom the testimony is
taken shall promptly transmit a copy of the transcript of the testimony
to the custodian. This subsection shall not preclude the taking of
testimony by any means authorized by, and in a manner consistent with,
the Federal Rules of Civil Procedure.
(2) Persons present. -- The false claims law investigator conducting
the examination shall exclude from the place where the examination is
held all persons except the person giving the testimony, the attorney
for and any other representative of the person giving the testimony, the
attorney for the Government, any person who may be agreed upon by the
attorney for the Government and the person giving the testimony, the
officer before whom the testimony is to be taken, and any stenographer
taking such testimony.
(3) Where testimony taken. -- The oral testimony of any person taken
pursuant to a civil investigative demand served under this section shall
be taken in the judicial district of the United States within which such
person resides, is found, or transacts business, or in such other place
as may be agreed upon by the false claims law investigator conducting
the examination and such person.
(4) Transcript of testimony. -- When the testimony is fully
transcribed, the false claims law investigator or the officer before
whom the testimony is taken shall afford the witness, who may be
accompanied by counsel, a reasonable opportunity to examine and read the
transcript, unless such examination and reading are waived by the
witness. Any changes in form or substance which the witness desires to
make shall be entered and identified upon the transcript by the officer
or the false claims law investigator, with a statement of the reasons
given by the witness for making such changes. The transcript shall then
be signed by the witness, unless the witness in writing waives the
signing, is ill, cannot be found, or refuses to sign. If the transcript
is not signed by the witness within 30 days after being afforded a
reasonable opportunity to examine it, the officer or the false claims
law investigator shall sign it and state on the record the fact of the
waiver, illness, absence of the witness, or the refusal to sign,
together with the reasons, if any, given therefor.
(5) Certification and delivery to custodian. -- The officer before
whom the testimony is taken shall certify on the transcript that the
witness was sworn by the officer and that the transcript is a true
record of the testimony given by the witness, and the officer or false
claims law investigator shall promptly deliver the transcript, or send
the transcript by registered or certified mail, to the custodian.
(6) Furnishing or inspection of transcript by witness. -- Upon
payment of reasonable charges therefor, the false claims law
investigator shall furnish a copy of the transcript to the witness only,
except that the Attorney General, the Deputy Attorney General, or an
Assistant Attorney General may, for good cause, limit such witness to
inspection of the official transcript of the witness' testimony.
(7) Conduct of oral testimony. -- (A) Any person compelled to appear
for oral testimony under a civil investigative demand issued under
subsection (a) may be accompanied, represented, and advised by counsel.
Counsel may advise such person, in confidence, with respect to any
question asked of such person. Such person or counsel may object on the
record to any question, in whole or in part, and shall briefly state for
the record the reason for the objection. An objection may be made,
received, and entered upon the record when it is claimed that such
person is entitled to refuse to answer the question on the grounds of
any constitutional or other legal right or privilege, including the
privilege against self-incrimination. Such person may not otherwise
object to or refuse to answer any question, and may not directly or
through counsel otherwise interrupt the oral examination. If such
person refuses to answer any question, a petition may be filed in the
district court of the United States under subsection (j)(1) for an order
compelling such person to answer such question.
(B) If such person refuses to answer any question on the grounds of
the privilege against self-incrimination, the testimony of such person
may be compelled in accordance with the provisions of part V of title
18.
(8) Witness fees and allowances. -- Any person appearing for oral
testimony under a civil investigative demand issued under subsection (a)
shall be entitled to the same fees and allowances which are paid to
witnesses in the district courts of the United States.
(i) Custodians of Documents, Answers, and Transcripts. --
(1) Designation. -- The Attorney General shall designate a false
claims law investigator to serve as custodian of documentary material,
answers to interrogatories, and transcripts of oral testimony received
under this section, and shall designate such additional false claims law
investigators as the Attorney General determines from time to time to be
necessary to serve as deputies to the custodian.
(2) Responsibility for materials; disclosure. -- (A) A false claims
law investigator who receives any documentary material, answers to
interrogatories, or transcripts of oral testimony under this section
shall transmit them to the custodian. The custodian shall take physical
possession of such material, answers, or transcripts and shall be
responsible for the use made of them and for the return of documentary
material under paragraph (4).
(B) The custodian may cause the preparation of such copies of such
documentary material, answers to interrogatories, or transcripts of oral
testimony as may be required for official use by any false claims law
investigator, or other officer or employee of the Department of Justice,
who is authorized for such use under regulations which the Attorney
General shall issue. Such material, answers, and transcripts may be
used by any such authorized false claims law investigator or other
officer or employee in connection with the taking of oral testimony
under this section.
(C) Except as otherwise provided in this subsection, no documentary
material, answers to interrogatories, or transcripts of oral testimony,
or copies thereof, while in the possession of the custodian, shall be
available for examination by any individual other than a false claims
law investigator or other officer or employee of the Department of
Justice authorized under subparagraph (B). The prohibition in the
preceding sentence on the availability of material, answers, or
transcripts shall not apply if consent is given by the person who
produced such material, answers, or transcripts, or, in the case of any
product of discovery produced pursuant to an express demand for such
material, consent is given by the person from whom the discovery was
obtained. Nothing in this subparagraph is intended to prevent
disclosure to the Congress, including any committee or subcommittee of
the Congress, or to any other agency of the United States for use by
such agency in furtherance of its statutory responsibilities.
Disclosure of information to any such other agency shall be allowed only
upon application, made by the Attorney General to a United States
district court, showing substantial need for the use of the information
by such agency in furtherance of its statutory responsibilities.
(D) While in the possession of the custodian and under such
reasonable terms and conditions as the Attorney General shall prescribe
--
(i) documentary material and answers to interrogatories shall be
available for examination by the person who produced such material or
answers, or by a representative of that person authorized by that person
to examine such material and answers; and
(ii) transcripts of oral testimony shall be available for examination
by the person who produced such testimony, or by a representative of
that person authorized by that person to examine such transcripts.
(3) Use of material, answers, or transcripts in other proceedings.
-- Whenever any attorney of the Department of Justice has been
designated to appear before any court, grand jury, or Federal agency in
any case or proceeding, the custodian of any documentary material,
answers to interrogatories, or transcripts of oral testimony received
under this section may deliver to such attorney such material, answers,
or transcripts for official use in connection with any such case or
proceeding as such attorney determines to be required. Upon the
completion of any such case or proceeding, such attorney shall return to
the custodian any such material, answers, or transcripts so delivered
which have not passed into the control of such court, grand jury, or
agency through introduction into the record of such case or proceeding.
(4) Conditions for return of material. -- If any documentary material
has been produced by any person in the course of any false claims law
investigation pursuant to a civil investigative demand under this
section, and --
(A) any case or proceeding before the court or grand jury arising out
of such investigation, or any proceeding before any Federal agency
involving such material, has been completed, or
(B) no case or proceeding in which such material may be used has been
commenced within a reasonable time after completion of the examination
and analysis of all documentary material and other information assembled
in the course of such investigation,
the custodian shall, upon written request of the person who produced
such material, return to such person any such material (other than
copies furnished to the false claims law investigator under subsection
(f)(2) or made for the Department of Justice under paragraph (2)(B))
which has not passed into the control of any court, grand jury, or
agency through introduction into the record of such case or proceeding.
(5) Appointment of successor custodians. -- In the event of the
death, disability, or separation from service in the Department of
Justice of the custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony produced pursuant to a
civil investigative demand under this section, or in the event of the
official relief of such custodian from responsibility for the custody
and control of such material, answers, or transcripts, the Attorney
General shall promptly --
(A) designate another false claims law investigator to serve as
custodian of such material, answers, or transcripts, and
(B) transmit in writing to the person who produced such material,
answers, or testimony notice of the identity and address of the
successor so designated.
Any person who is designated to be a successor under this paragraph
shall have, with regard to such material, answers, or transcripts, the
same duties and responsibilities as were imposed by this section upon
that person's predecessor in office, except that the successor shall not
be held responsible for any default or dereliction which occurred before
that designation.
(j) Judicial Proceedings. --
(1) Petition for enforcement. -- Whenever any person fails to comply
with any civil investigative demand issued under subsection (a), or
whenever satisfactory copying or reproduction of any material requested
in such demand cannot be done and such person refuses to surrender such
material, the Attorney General may file, in the district court of the
United States for any judicial district in which such person resides, is
found, or transacts business, and serve upon such person a petition for
an order of such court for the enforcement of the civil investigative
demand.
(2) Petition to modify or set aside demand. -- (A) Any person who has
received a civil investigative demand issued under subsection (a) may
file, in the district court of the United States for the judicial
district within which such person resides, is found, or transacts
business, and serve upon the false claims law investigator identified in
such demand a petition for an order of the court to modify or set aside
such demand. In the case of a petition addressed to an express demand
for any product of discovery, a petition to modify or set aside such
demand may be brought only in the district court of the United States
for the judicial district in which the proceeding in which such
discovery was obtained is or was last pending. Any petition under this
subparagraph must be filed --
(i) within 20 days after the date of service of the civil
investigative demand, or at any time before the return date specified in
the demand, whichever date is earlier, or
(ii) within such longer period as may be prescribed in writing by any
false claims law investigator identified in the demand.
(B) The petition shall specify each ground upon which the petitioner
relies in seeking relief under subparagraph (A), and may be based upon
any failure of the demand to comply with the provisions of this section
or upon any constitutional or other legal right or privilege of such
person. During the pendency of the petition in the court, the court may
stay, as it deems proper, the running of the time allowed for compliance
with the demand, in whole or in part, except that the person filing the
petition shall comply with any portions of the demand not sought to be
modified or set aside.
(3) Petition to modify or set aside demand for product of discovery.
-- (A) In the case of any civil investigative demand issued under
subsection (a) which is an express demand for any product of discovery,
the person from whom such discovery was obtained may file, in the
district court of the United States for the judicial district in which
the proceeding in which such discovery was obtained is or was last
pending, and serve upon any false claims law investigator identified in
the demand and upon the recipient of the demand, a petition for an order
of such court to modify or set aside those portions of the demand
requiring production of any such product of discovery. Any petition
under this subparagraph must be filed --
(i) within 20 days after the date of service of the civil
investigative demand, or at any time before the return date specified in
the demand, whichever date is earlier, or
(ii) within such longer period as may be prescribed in writing by any
false claims law investigator identified in the demand.
(B) The petition shall specify each ground upon which the petitioner
relies in seeking relief under subparagraph (A), and may be based upon
any failure of the portions of the demand from which relief is sought to
comply with the provisions of this section, or upon any constitutional
or other legal right or privilege of the petitioner. During the
pendency of the petition, the court may stay, as it deems proper,
compliance with the demand and the running of the time allowed for
compliance with the demand.
(4) Petition to require performance by custodian of duties. -- At any
time during which any custodian is in custody or control of any
documentary material or answers to interrogatories produced, or
transcripts of oral testimony given, by any person in compliance with
any civil investigative demand issued under subsection (a), such person,
and in the case of an express demand for any product of discovery, the
person from whom such discovery was obtained, may file, in the district
court of the United States for the judicial district within which the
office of such custodian is situated, and serve upon such custodian, a
petition for an order of such court to require the performance by the
custodian of any duty imposed upon the custodian by this section.
(5) Jurisdiction. -- Whenever any petition is filed in any district
court of the United States under this subsection, such court shall have
jurisdiction to hear and determine the matter so presented, and to enter
such order or orders as may be required to carry out the provisions of
this section. Any final order so entered shall be subject to appeal
under section 1291 of title 28. Any disobedience of any final order
entered under this section by any court shall be punished as a contempt
of the court.
(6) Applicability of federal rules of civil procedure. -- The Federal
Rules of Civil Procedure shall apply to any petition under this
subsection, to the extent that such rules are not inconsistent with the
provisions of this section.
(k) Disclosure Exemption. -- Any documentary material, answers to
written interrogatories, or oral testimony provided under any civil
investigative demand issued under subsection (a) shall be exempt from
disclosure under section 552 of title 5.
(l) Definitions. -- For purposes of this section --
(1) the term ''false claims law'' means --
(A) this section and sections 3729 through 3732; and
(B) any Act of Congress enacted after the date of the enactment of
this section which prohibits, or makes available to the United States in
any court of the United States any civil remedy with respect to, any
false claim against, bribery of, or corruption of any officer or
employee of the United States;
(2) the term ''false claims law investigation'' means any inquiry
conducted by any false claims law investigator for the purpose of
ascertaining whether any person is or has been engaged in any violation
of a false claims law;
(3) the term ''false claims law investigator'' means any attorney or
investigator employed by the Department of Justice who is charged with
the duty of enforcing or carrying into effect any false claims law, or
any officer or employee of the United States acting under the direction
and supervision of such attorney or investigator in connection with a
false claims law investigation;
(4) the term ''person'' means any natural person, partnership,
corporation, association, or other legal entity, including any State or
political subdivision of a State;
(5) the term ''documentary material'' includes the original or any
copy of any book, record, report, memorandum, paper, communication,
tabulation, chart, or other document, or data compilations stored in or
accessible through computer or other information retrieval systems,
together with instructions and all other materials necessary to use or
interpret such data compilations, and any product of discovery;
(6) the term ''custodian'' means the custodian, or any deputy
custodian, designated by the Attorney General under subsection (i)(1);
and
(7) the term ''product of discovery'' includes --
(A) the original or duplicate of any deposition, interrogatory,
document, thing, result of the inspection of land or other property,
examination, or admission, which is obtained by any method of discovery
in any judicial or administrative proceeding of an adversarial nature;
(B) any digest, analysis, selection, compilation, or derivation of
any item listed in subparagraph (A); and
(C) any index or other manner of access to any item listed in
subparagraph (A).
(Added Pub. L. 99-562, 6(a), Oct. 27, 1986, 100 Stat. 3159.)
The Federal Rules of Civil Procedure, referred to in subsecs. (b)(
1)(B), (c)(2), (h)(1), and (j)(6), are set out in the Appendix to Title
28, Judiciary and Judicial Procedure.
The date of enactment of this section, referred to in subsec. (l)(
1)(B), is the date of enactment of Pub. L. 99-562, which was approved
Oct. 27, 1986.
31 USC CHAPTER 38 -- ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND
STATEMENTS
TITLE 31 -- MONEY AND FINANCE
Sec.
3801. Definitions.
3802. False claims and statements; liability.
3803. Hearing and determinations.
3804. Subpoena authority.
3805. Judicial review.
3806. Collection of civil penalties and assessments.
3807. Right to administrative offset.
3808. Limitations.
3809. Regulations.
3810. Reports.
3811. Effect on other law.
3812. Prohibition against delegation.
15 sections 637, 645.
31 USC 3801. Definitions
TITLE 31 -- MONEY AND FINANCE
(a) For purposes of this chapter --
(1) ''authority'' means --
(A) an executive department;
(B) a military department;
(C) an establishment (as such term is defined in section 11(2) of the
Inspector General Act of 1978) which is not an executive department;
and
(D) the United States Postal Service;
(2) ''authority head'' means --
(A) the head of an authority; or
(B) an official or employee of the authority designated, in
regulations promulgated by the head of the authority, to act on behalf
of the head of the authority;
(3) ''claim'' means any request, demand, or submission --
(A) made to an authority for property, services, or money (including
money representing grants, loans, insurance, or benefits);
(B) made to a recipient of property, services, or money from an
authority or to a party to a contract with an authority --
(i) for property or services if the United States --
(I) provided such property or services;
(II) provided any portion of the funds for the purchase of such
property or services; or
(III) will reimburse such recipient or party for the purchase of such
property or services; or
(ii) for the payment of money (including money representing grants,
loans, insurance, or benefits) if the United States --
(I) provided any portion of the money requested or demanded; or
(II) will reimburse such recipient or party for any portion of the
money paid on such request or demand; or
(C) made to an authority which has the effect of decreasing an
obligation to pay or account for property, services, or money,
except that such term does not include any claim made in any return
of tax imposed by the Internal Revenue Code of 1986;
(4) ''investigating official'' means an individual who --
(A)(i) in the case of an authority in which an Office of Inspector
General is established by the Inspector General Act of 1978 or by any
other Federal law, is the Inspector General of that authority or an
officer or employee of such Office designated by the Inspector General;
(ii) in the case of an authority in which an Office of Inspector
General is not established by the Inspector General Act of 1978 or by
any other Federal law, is an officer or employee of the authority
designated by the authority head to conduct investigations under section
3803(a)(1) of this title; or
(iii) in the case of a military department, is the Inspector General
of the Department of Defense or an officer or employee of the Office of
Inspector General of the Department of Defense who is designated by the
Inspector General; and
(B) who, if a member of the Armed Forces of the United States on
active duty, is serving in grade O-7 or above or, if a civilian
employee, is serving in a position for which the rate of basic pay is
not less than the minimum rate of basic pay for grade GS-16 under the
General Schedule;
(5) ''knows or has reason to know'', for purposes of establishing
liability under section 3802, means that a person, with respect to a
claim or statement --
(A) has actual knowledge that the claim or statement is false,
fictitious, or fraudulent;
(B) acts in deliberate ignorance of the truth or falsity of the claim
or statement; or
(C) acts in reckless disregard of the truth or falsity of the claim
or statement,
and no proof of specific intent to defraud is required;
(6) ''person'' means any individual, partnership, corporation,
association, or private organization;
(7) ''presiding officer'' means --
(A) in the case of an authority to which the provisions of subchapter
II of chapter 5 of title 5 apply, an administrative law judge appointed
in the authority pursuant to section 3105 of such title or detailed to
the authority pursuant to section 3344 of such title; or
(B) in the case of an authority to which the provisions of such
subchapter do not apply, an officer or employee of the authority who --
(i) is selected under chapter 33 of title 5 pursuant to the
competitive examination process applicable to administrative law judges;
(ii) is appointed by the authority head to conduct hearings under
section 3803 of such /1/ title;
(iii) is assigned to cases in rotation so far as practicable;
(iv) may not perform duties inconsistent with the duties and
responsibilities of a presiding officer;
(v) is entitled to pay prescribed by the Office of Personnel
Management independently of ratings and recommendations made by the
authority and in accordance with chapter 51 of such title and subchapter
III of chapter 53 of such title;
(vi) is not subject to performance appraisal pursuant to chapter 43
of such title; and
(vii) may be removed, suspended, furloughed, or reduced in grade or
pay only for good cause established and determined by the Merit Systems
Protection Board on the record after opportunity for hearing by such
Board;
(8) ''reviewing official'' means any officer or employee of an
authority --
(A) who is designated by the authority head to make the determination
required under section 3803(a)(2) of this title;
(B) who, if a member of the Armed Forces of the United States on
active duty, is serving in grade O-7 or above or, if a civilian
employee, is serving in a position for which the rate of basic pay is
not less than the minimum rate of basic pay for grade GS-16 under the
General Schedule; and
(C) who is --
(i) not subject to supervision by, or required to report to, the
investigating official; and
(ii) not employed in the organizational unit of the authority in
which the investigating official is employed; and
(9) ''statement'' means any representation, certification,
affirmation, document, record, or accounting or bookkeeping entry made
--
(A) with respect to a claim or to obtain the approval or payment of a
claim (including relating to eligibility to make a claim); or
(B) with respect to (including relating to eligibility for) --
(i) a contract with, or a bid or proposal for a contract with; or
(ii) a grant, loan, or benefit from,
an authority, or any State, political subdivision of a State, or
other party, if the United States Government provides any portion of the
money or property under such contract or for such grant, loan, or
benefit, or if the Government will reimburse such State, political
subdivision, or party for any portion of the money or property under
such contract or for such grant, loan, or benefit,
except that such term does not include any statement made in any
return of tax imposed by the Internal Revenue Code of 1986.
(b) For purposes of paragraph (3) of subsection (a) --
(1) each voucher, invoice, claim form, or other individual request or
demand for property, services, or money constitutes a separate claim;
(2) each claim for property, services, or money is subject to this
chapter regardless of whether such property, services, or money is
actually delivered or paid; and
(3) a claim shall be considered made, presented, or submitted to an
authority, recipient, or party when such claim is actually made to an
agent, fiscal intermediary, or other entity, including any State or
political subdivision thereof, acting for or on behalf of such
authority, recipient, or party.
(c) For purposes of paragraph (9) of subsection (a) --
(1) each written representation, certification, or affirmation
constitutes a separate statement; and
(2) a statement shall be considered made, presented, or submitted to
an authority when such statement is actually made to an agent, fiscal
intermediary, or other entity, including any State or political
subdivision thereof, acting for or on behalf of such authority.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1934, and amended Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
The Inspector General Act of 1978, referred to in subsec. (a)(1)(C),
(4)(A), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended,
which is set out in the Appendix to Title 5, Government Organization and
Employees.
The Internal Revenue Code of 1986, referred to in subsec. (a)(3),
(9), is classified generally to Title 26, Internal Revenue Code.
1986 -- Subsec. (a)(3), (9). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
Section 6104 of subtitle B ( 6101-6104) of title VI of Pub. L.
99-509 provided that: ''This subtitle and the amendments made by this
subtitle (see Short Title note below) shall take effect on the date of
enactment of this Act (Oct. 21, 1986), and shall apply to any claim or
statement made, presented, or submitted on or after such date.''
Section 6101 of subtitle B ( 6101-6104) of title VI of Pub. L.
99-509 provided that: ''This subtitle (enacting this chapter, amending
section 504 of Title 5, Government Organization and Employees, and
enacting provisions set out as notes under this section) may be cited as
the 'Program Fraud Civil Remedies Act of 1986'.''
References in 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, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Section 6102 of subtitle B ( 6101-6104) of title VI of Pub. L.
99-509 provided that:
''(a) Findings. -- The Congress finds that --
''(1) false, fictitious, and fraudulent claims and statements in
Government programs are a serious problem;
''(2) false, fictitious, and fraudulent claims and statements in
Government programs result in the loss of millions of dollars annually
by allowing persons to receive Federal funds to which they are not
entitled;
''(3) false, fictitious, and fraudulent claims and statements in
Government programs undermine the integrity of such programs by allowing
ineligible persons to participate in such programs; and
''(4) present civil and criminal remedies for such claims and
statements are not sufficiently responsive.
''(b) Purposes. -- The purposes of this subtitle (see Short Title
note above) are --
''(1) to provide Federal agencies which are the victims of false,
fictitious, and fraudulent claims and statements with an administrative
remedy to recompense such agencies for losses resulting from such claims
and statements, to permit administrative proceedings to be brought
against persons who make, present, or submit such claims and statements,
and to deter the making, presenting, and submitting of such claims and
statements in the future; and
''(2) to provide due process protections to all persons who are
subject to the administrative adjudication of false, fictitious, or
fraudulent claims or statements.''
/1/ So in original. Probably should be ''this''.
31 USC 3802. False claims and statements; liability
TITLE 31 -- MONEY AND FINANCE
(a)(1) Any person who makes, presents, or submits, or causes to be
made, presented, or submitted, a claim that the person knows or has
reason to know --
(A) is false, fictitious, or fraudulent;
(B) includes or is supported by any written statement which asserts a
material fact which is false, fictitious, or fraudulent;
(C) includes or is supported by any written statement that --
(i) omits a material fact;
(ii) is false, fictitious, or fraudulent as a result of such
omission; and
(iii) is a statement in which the person making, presenting, or
submitting such statement has a duty to include such material fact; or
(D) is for payment for the provision of property or services which
the person has not provided as claimed,
shall be subject to, in addition to any other remedy that may be
prescribed by law, a civil penalty of not more than $5,000 for each such
claim. Except as provided in paragraph (3) of this subsection, such
person shall also be subject to an assessment, in lieu of damages
sustained by the United States because of such claim, of not more than
twice the amount of such claim, or the portion of such claim, which is
determined under this chapter to be in violation of the preceding
sentence.
(2) Any person who makes, presents, or submits, or causes to be made,
presented, or submitted, a written statement that --
(A) the person knows or has reason to know --
(i) asserts a material fact which is false, fictitious, or
fraudulent; or
(ii)(I) omits a material fact; and
(II) is false, fictitious, or fraudulent as a result of such
omission;
(B) in the case of a statement described in clause (ii) of
subparagraph (A), is a statement in which the person making, presenting,
or submitting such statement has a duty to include such material fact;
and
(C) contains or is accompanied by an express certification or
affirmation of the truthfulness and accuracy of the contents of the
statement,
shall be subject to, in addition to any other remedy that may be
prescribed by law, a civil penalty of not more than $5,000 for each such
statement.
(3) An assessment shall not be made under the second sentence of
paragraph (1) with respect to a claim if payment by the Government has
not been made on such claim.
(b)(1) Except as provided in paragraphs (2) and (3) of this
subsection --
(A) a determination under section 3803(a)(2) of this title that there
is adequate evidence to believe that a person is liable under subsection
(a) of this section; or
(B) a determination under section 3803 of this title that a person is
liable under subsection (a) of this section,
may provide the authority with grounds for commencing any
administrative or contractual action against such person which is
authorized by law and which is in addition to any action against such
person under this chapter.
(2) A determination referred to in paragraph (1) of this subsection
may be used by the authority, but shall not require such authority, to
commence any administrative or contractual action which is authorized by
law.
(3) In the case of an administrative or contractual action to suspend
or debar any person who is eligible to enter into contracts with the
Federal Government, a determination referred to in paragraph (1) of this
subsection shall not be considered as a conclusive determination of such
person's responsibility pursuant to Federal procurement laws and
regulations.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1937.)
31 USC 3803. Hearing and determinations
TITLE 31 -- MONEY AND FINANCE
(a)(1) The investigating official of an authority may investigate
allegations that a person is liable under section 3802 of this title and
shall report the findings and conclusions of such investigation to the
reviewing official of the authority. The preceding sentence does not
modify any responsibility of an investigating official to report
violations of criminal law to the Attorney General.
(2) If the reviewing official of an authority determines, based upon
the report of the investigating official under paragraph (1) of this
subsection, that there is adequate evidence to believe that a person is
liable under section 3802 of this title, the reviewing official shall
transmit to the Attorney General a written notice of the intention of
such official to refer the allegations of such liability to a presiding
officer of such authority. Such notice shall include --
(A) a statement of the reasons of the reviewing official for the
referral of such allegations;
(B) a statement specifying the evidence which supports such
allegations;
(C) a description of the claims or statements for which liability
under section 3802 of this title is alleged;
(D) an estimate of the amount of money or the value of property or
services requested or demanded in violation of section 3802 of this
title; and
(E) a statement of any exculpatory or mitigating circumstances which
may relate to such claims or statements.
(b)(1) Within 90 days after receipt of a notice from a reviewing
official under paragraph (2) of subsection (a), the Attorney General or
an Assistant Attorney General designated by the Attorney General shall
transmit a written statement to the reviewing official which specifies
--
(A) that the Attorney General or such Assistant Attorney General
approves or disapproves the referral to a presiding officer of the
allegations of liability stated in such notice;
(B) in any case in which the referral of allegations is approved,
that the initiation of a proceeding under this section with respect to
such allegations is appropriate; and
(C) in any case in which the referral of allegations is disapproved,
the reasons for such disapproval.
(2) A reviewing official may refer allegations of liability to a
presiding officer only if the Attorney General or an Assistant Attorney
General designated by the Attorney General approves the referral of such
allegations in a written statement described in paragraph (1) of this
subsection.
(3) If the Attorney General or an Assistant Attorney General
designated by the Attorney General transmits to an authority head a
written finding that the continuation of any hearing under this section
with respect to a claim or statement may adversely affect any pending or
potential criminal or civil action related to such claim or statement,
such hearing shall be immediately stayed and may be resumed only upon
written authorization of the Attorney General.
(c)(1) No allegations of liability under section 3802 of this title
with respect to any claim made, presented, or submitted by any person
shall be referred to a presiding officer under paragraph (2) of
subsection (b) if the reviewing official determines that --
(A) an amount of money in excess of $150,000; or
(B) property or services with a value in excess of $150,000,
is requested or demanded in violation of section 3802 of this title
in such claim or in a group of related claims which are submitted at the
time such claim is submitted.
(2)(A) Except as provided in subparagraph (B) of this paragraph, no
allegations of liability against an individual under section 3802 of
this title with respect to any claim or statement made, presented, or
submitted, or caused to be made, presented, or submitted, by such
individual relating to any benefits received by such individual shall be
referred to a presiding officer under paragraph (2) of subsection (b).
(B) Allegations of liability against an individual under section 3802
of this title with respect to any claim or statement made, presented, or
submitted, or caused to be made, presented, or submitted, by such
individual relating to any benefits received by such individual may be
referred to a presiding officer under paragraph (2) of subsection (b) if
--
(i) such claim or statement is made by such individual in making
application for such benefits;
(ii) such allegations relate to the eligibility of such individual to
receive such benefits; and
(iii) with respect to such claim or statement, the individual --
(I) has actual knowledge that the claim or statement is false,
fictitious, or fraudulent;
(II) acts in deliberate ignorance of the truth or falsity of the
claim or statement; or
(III) acts in reckless disregard of the truth or falsity of the claim
or statement.
(C) For purposes of this subsection, the term ''benefits'' means --
(i) benefits under the supplemental security income program under
title XVI of the Social Security Act;
(ii) old age, survivors, and disability insurance benefits under
title II of the Social Security Act;
(iii) benefits under title XVIII of the Social Security Act;
(iv) aid to families with dependent children under a State plan
approved under section 402(a) of the Social Security Act;
(v) medical assistance under a State plan approved under section
1902(a) of the Social Security Act;
(vi) benefits under title XX of the Social Security Act;
(vii) benefits under the food stamp program (as defined in section
3(h) of the Food Stamp Act of 1977);
(viii) benefits under chapters 11, 13, 15, 17, and 21 of title 38;
(ix) benefits under the Black Lung Benefits Act;
(x) benefits under the special supplemental food program for women,
infants, and children established under section 17 of the Child
Nutrition Act of 1966;
(xi) benefits under section 336 of the Older Americans Act;
(xii) any annuity or other benefit under the Railroad Retirement Act
of 1974;
(xiii) benefits under the National School Lunch Act;
(xiv) benefits under any housing assistance program for lower income
families or elderly or handicapped persons which is administered by the
Secretary of Housing and Urban Development or the Secretary of
Agriculture;
(xv) benefits under the Low-Income Home Energy Assistance Act of
1981; and
(xvi) benefits under part A of the Energy Conservation in Existing
Buildings Act of 1976,
which are intended for the personal use of the individual who
receives the benefits or for a member of the individual's family.
(d)(1) On or after the date on which a reviewing official is
permitted to refer allegations of liability to a presiding officer under
subsection (b) of this section, the reviewing official shall mail, by
registered or certified mail, or shall deliver, a notice to the person
alleged to be liable under section 3802 of this title. Such notice shall
specify the allegations of liability against such person and shall state
the right of such person to request a hearing with respect to such
allegations.
(2) If, within 30 days after receiving a notice under paragraph (1)
of this subsection, the person receiving such notice requests a hearing
with respect to the allegations contained in such notice --
(A) the reviewing official shall refer such allegations to a
presiding officer for the commencement of such hearing; and
(B) the presiding officer shall commence such hearing by mailing by
registered or certified mail, or by delivery of, a notice which complies
with paragraphs (2)(A) and (3)(B)(i) of subsection (g) to such person.
(e)(1)(A) Except as provided in subparagraph (B) of this paragraph,
at any time after receiving a notice under paragraph (2)(B) of
subsection (d), the person receiving such notice shall be entitled to
review, and upon payment of a reasonable fee for duplication, shall be
entitled to obtain a copy of, all relevant and material documents,
transcripts, records, and other materials, which relate to such
allegations and upon which the findings and conclusions of the
investigating official under paragraph (1) of subsection (a) are based.
(B) A person is not entitled under subparagraph (A) to review and
obtain a copy of any document, transcript, record, or material which is
privileged under Federal law.
(2) At any time after receiving a notice under paragraph (2)(B) of
subsection (d), the person receiving such notice shall be entitled to
obtain all exculpatory information in the possession of the
investigating official or the reviewing official relating to the
allegations contained in such notice. The provisions of subparagraph
(B) of paragraph (1) do not apply to any document, transcript, record,
or other material, or any portion thereof, in which such exculpatory
information is contained.
(f) Any hearing commenced under paragraph (2) of subsection (d) shall
be conducted by the presiding officer on the record in order to
determine --
(1) the liability of a person under section 3802 of this title; and
(2) if a person is determined to be liable under such section, the
amount of any civil penalty or assessment to be imposed on such person.
Any such determination shall be based on the preponderance of the
evidence.
(g)(1) Each hearing under subsection (f) of this section shall be
conducted --
(A) in the case of an authority to which the provisions of subchapter
II of chapter 5 of title 5 apply, in accordance with --
(i) the provisions of such subchapter to the extent that such
provisions are not inconsistent with the provisions of this chapter;
and
(ii) procedures promulgated by the authority head under paragraph (3)
of this subsection; or
(B) in the case of an authority to which the provisions of such
subchapter do not apply, in accordance with procedures promulgated by
the authority head under paragraphs (2) and (3) of this subsection.
(2) An authority head of an authority described in subparagraph (B)
of paragraph (1) shall by regulation promulgate procedures for the
conduct of hearings under this chapter. Such procedures shall include:
(A) The provision of written notice of the hearing to any person
alleged to be liable under section 3802 of this title, including written
notice of --
(i) the time, place, and nature of the hearing;
(ii) the legal authority and jurisdiction under which the hearing is
to be held; and
(iii) the matters of facts and law to be asserted.
(B) The provision to any person alleged to be liable under section
3802 of this title of opportunities for the submission of facts,
arguments, offers of settlement, or proposals of adjustment.
(C) Procedures to ensure that the presiding officer shall not, except
to the extent required for the disposition of ex parte matters as
authorized by law --
(i) consult a person or party on a fact in issue, unless on notice
and opportunity for all parties to the hearing to participate; or
(ii) be responsible to or subject to the supervision or direction of
the investigating official or the reviewing official.
(D) Procedures to ensure that the investigating official and the
reviewing official do not participate or advise in the decision required
under subsection (h) of this section or the review of the decision by
the authority head under subsection (i) of this section, except as
provided in subsection (j) of this section.
(E) The provision to any person alleged to be liable under section
3802 of this title of opportunities to present such person's case
through oral or documentary evidence, to submit rebuttal evidence, and
to conduct such cross-examination as may be required for a full and true
disclosure of the facts.
(F) Procedures to permit any person alleged to be liable under
section 3802 of this title to be accompanied, represented, and advised
by counsel or such other qualified representative as the authority head
may specify in such regulations.
(G) Procedures to ensure that the hearing is conducted in an
impartial manner, including procedures to --
(i) permit the presiding officer to at any time disqualify himself;
and
(ii) permit the filing, in good faith, of a timely and sufficient
affidavit alleging personal bias or another reason for disqualification
of a presiding officer or a reviewing official.
(3)(A) Each authority head shall promulgate by regulation procedures
described in subparagraph (B) of this paragraph for the conduct of
hearings under this chapter. Such procedures shall be in addition to
the procedures described in paragraph (1) or paragraph (2) of this
subsection, as the case may be.
(B) The procedures referred to in subparagraph (A) of this paragraph
are:
(i) Procedures for the inclusion, in any written notice of a hearing
under this section to any person alleged to be liable under section 3802
of this title, of a description of the procedures for the conduct of the
hearing.
(ii) Procedures to permit discovery by any person alleged to be
liable under section 3802 of this title only to the extent that the
presiding officer determines that such discovery is necessary for the
expeditious, fair, and reasonable consideration of the issues, except
that such procedures shall not apply to documents, transcripts, records,
or other material which a person is entitled to review under paragraph
(1) of subsection (e) or to information to which a person is entitled
under paragraph (2) of such subsection. Procedures promulgated under
this clause shall prohibit the discovery of the notice required under
subsection (a)(2) of this section.
(4) Each hearing under subsection (f) of this section shall be held
--
(A) in the judicial district of the United States in which the person
alleged to be liable under section 3802 of this title resides or
transacts business;
(B) in the judicial district of the United States in which the claim
or statement upon which the allegation of liability under such section
was made, presented, or submitted; or
(C) in such other place as may be agreed upon by such person and the
presiding officer who will conduct such hearing.
(h) The presiding officer shall issue a written decision, including
findings and determinations, after the conclusion of the hearing. Such
decision shall include the findings of fact and conclusions of law which
the presiding officer relied upon in determining whether a person is
liable under this chapter. The presiding officer shall promptly send to
each party to the hearing a copy of such decision and a statement
describing the right of any person determined to be liable under section
3802 of this title to appeal the decision of the presiding officer to
the authority head under paragraph (2) of subsection (i).
(i)(1) Except as provided in paragraph (2) of this subsection and
section 3805 of this title, the decision, including the findings and
determinations, of the presiding officer issued under subsection (h) of
this section are final.
(2)(A)(i) Except as provided in clause (ii) of this subparagraph,
within 30 days after the presiding officer issues a decision under
subsection (h) of this section, any person determined in such decision
to be liable under section 3802 of this title may appeal such decision
to the authority head.
(ii) If, within the 30-day period described in clause (i) of this
subparagraph, a person determined to be liable under this chapter
requests the authority head for an extension of such 30-day period to
file an appeal of a decision issued by the presiding officer under
subsection (h) of this section, the authority head may extend such
period if such person demonstrates good cause for such extension.
(B) Any authority head reviewing under this section the decision,
findings, and determinations of a presiding officer shall not consider
any objection that was not raised in the hearing conducted pursuant to
subsection (f) of this section unless a demonstration is made of
extraordinary circumstances causing the failure to raise the objection.
If any party demonstrates to the satisfaction of the authority head that
additional evidence not presented at such hearing is material and that
there were reasonable grounds for the failure to present such evidence
at such hearing, the authority head shall remand the matter to the
presiding officer for consideration of such additional evidence.
(C) The authority head may affirm, reduce, reverse, compromise,
remand, or settle any penalty or assessment determined by the presiding
officer pursuant to this section. The authority head shall promptly
send to each party to the appeal a copy of the decision of the authority
head and a statement describing the right of any person determined to be
liable under section 3802 of this title to judicial review under section
3805 of this title.
(j) The reviewing official has the exclusive authority to compromise
or settle any allegations of liability under section 3802 of this title
against a person without the consent of the presiding officer at any
time after the date on which the reviewing official is permitted to
refer allegations of liability to a presiding officer under subsection
(b) of this section and prior to the date on which the presiding officer
issues a decision under subsection (h) of this section. Any such
compromise or settlement shall be in writing.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1939.)
The Social Security Act, referred to in subsec. (c)(2)(C)(i) to
(vi), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
Titles II, XVI, XVIII, and XX of the Social Security Act are classified
generally to subchapters II ( 401 et seq.), XVI ( 1381 et seq.), XVIII (
1395 et seq.), and XX ( 1397 et seq.), respectively, of chapter 7 of
Title 42, The Public Health and Welfare. Sections 402(a) and 1902(a) of
such Act are classified to sections 602(a) and 1396a(a), respectively,
of Title 42. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
Section 3(h) of the Food Stamp Act of 1977, referred to in subsec.
(c)(2)(C)(vii), is classified to section 2012(h) of Title 7,
Agriculture.
The Black Lung Benefits Act, referred to in subsec. (c)(2)(C)(ix), is
title IV of Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 792, as amended,
which is classified generally to subchapter IV ( 901 et seq.) of chapter
22 of Title 30, Mineral Lands and Mining. For complete classification of
this Act to the Code, see section 901(b) of Title 30 and Tables.
Section 17 of the Child Nutrition Act of 1966, referred to in subsec.
(c)(2)(C)(x), is classified to section 1786 of Title 42, The Public
Health and Welfare.
Section 336 of the Older Americans Act, referred to in subsec. (c)(
2)(C)(xi), probably means section 336 of the Older Americans Act of
1965, which is classified to section 3030f of Title 42.
The Railroad Retirement Act of 1974, referred to in subsec. (c)(2)(
C)(xii), is title I of Pub. L. 93-444, Oct. 16, 1974, 88 Stat. 1305,
as amended, which is classified generally to subchapter IV ( 231 et
seq.) of chapter 9 of Title 45, Railroads. For complete classification
of this Act to the Code, see section 231t of Title 45 and Tables.
The National School Lunch Act, referred to in subsec. (c)(2)(C)(
xiii), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which
is classified generally to chapter 13 ( 1751 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1751 of Title 42
and Tables.
The Low-Income Home Energy Assistance Act of 1981, referred to in
subsec. (c)(2)(C)(xv), is title XXVI of Pub. L. 97-35, Aug. 13, 1981,
95 Stat. 893, as amended, which is classified generally to subchapter
II ( 8621 et seq.) of chapter 94 of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 8621 of Title 42 and Tables.
The Energy Conservation in Existing Buildings Act of 1976, referred
to in subsec. (c)(2)(C)(xvi), is title IV of Pub. L. 94-385, Aug. 14,
1976, 90 Stat. 1150, as amended. Part A of the Energy Conservation in
Existing Buildings Act of 1976 is classified generally to Part A ( 6861
et seq.) of subchapter III of chapter 81 of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 6801 of Title 42 and Tables.
31 USC 3804. Subpoena authority
TITLE 31 -- MONEY AND FINANCE
(a) For the purposes of an investigation under section 3803(a)(1) of
this title, an investigating official is authorized to require by
subpoena the production of all information, documents, reports, answers,
records, accounts, papers, and data not otherwise reasonably available
to the authority.
(b) For the purposes of conducting a hearing under section 3803(f) of
this title, a presiding officer is authorized --
(1) to administer oaths or affirmations; and
(2) to require by subpoena the attendance and testimony of witnesses
and the production of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary evidence which
the presiding officer considers relevant and material to the hearing.
(c) In the case of contumacy or refusal to obey a subpoena issued
pursuant to subsection (a) or (b) of this section, the district courts
of the United States shall have jurisdiction to issue an appropriate
order for the enforcement of any such subpoena. Any failure to obey
such order of the court is punishable by such court as contempt. In any
case in which an authority seeks the enforcement of a subpoena issued
pursuant to subsection (a) or (b) of this section, the authority shall
request the Attorney General to petition any district court in which a
hearing under this chapter is being conducted, or in which the person
receiving the subpoena resides or conducts business, to issue such an
order.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1944.)
31 USC 3805. Judicial review
TITLE 31 -- MONEY AND FINANCE
(a)(1) A determination by a reviewing official under section 3803 of
this title shall be final and shall not be subject to judicial review.
(2) Unless a petition is filed under this section, a determination
under section 3803 of this title that a person is liable under section
3802 of this title shall be final and shall not be subject to judicial
review.
(b)(1)(A) Any person who has been determined to be liable under
section 3802 of this title pursuant to section 3803 of this title may
obtain review of such determination in --
(i) the United States district court for the district in which such
person resides or transacts business;
(ii) the United States district court for the district in which the
claim or statement upon which the determination of liability is based
was made, presented, or submitted; or
(iii) the United States District Court for the District of Columbia.
(B) Such review may be obtained by filing in any such court a written
petition that such determination be modified or set aside. Such petition
shall be filed --
(i) only after such person has exhausted all administrative remedies
under this chapter; and
(ii) within 60 days after the date on which the authority head sends
such person a copy of the decision of such authority head under section
3803(i)(2) of this title.
(2) The clerk of the court shall transmit a copy of a petition filed
under paragraph (1) of this subsection to the authority and to the
Attorney General. Upon receipt of the copy of such petition, the
authority shall transmit to the Attorney General the record in the
proceeding resulting in the determination of liability under section
3802 of this title. Except as otherwise provided in this section, the
district courts of the United States shall have jurisdiction to review
the decision, findings, and determinations in issue and to affirm,
modify, remand for further consideration, or set aside, in whole or in
part, the decision, findings, and determinations of the authority, and
to enforce such decision, findings, and determinations to the extent
that such decision, findings, and determinations are affirmed or
modified.
(c) The decisions, findings, and determinations of the authority with
respect to questions of fact shall be final and conclusive, and shall
not be set aside unless such decisions, findings, and determinations are
found by the court to be unsupported by substantial evidence. In
concluding whether the decisions, findings, and determinations of an
authority are unsupported by substantial evidence, the court shall
review the whole record or those parts of it cited by a party, and due
account shall be taken of the rule of prejudicial error.
(d) Any district court reviewing under this section the decision,
findings, and determinations of an authority shall not consider any
objection that was not raised in the hearing conducted pursuant to
section 3803(f) of this title unless a demonstration is made of
extraordinary circumstances causing the failure to raise the objection.
If any party demonstrates to the satisfaction of the court that
additional evidence not presented at such hearing is material and that
there were reasonable grounds for the failure to present such evidence
at such hearing, the court shall remand the matter to the authority for
consideration of such additional evidence.
(e) Upon a final determination by the district court that a person is
liable under section 3802 of this title, the court shall enter a final
judgment for the appropriate amount in favor of the United States.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1944.)
31 USC 3806. Collection of civil penalties and assessments
TITLE 31 -- MONEY AND FINANCE
(a) The Attorney General shall be responsible for judicial
enforcement of any civil penalty or assessment imposed pursuant to the
provisions of this chapter.
(b) Any penalty or assessment imposed in a determination which has
become final pursuant to this chapter may be recovered in a civil action
brought by the Attorney General. In any such action, no matter that was
raised or that could have been raised in a hearing conducted under
section 3803(f) of this title or pursuant to judicial review under
section 3805 of this title may be raised as a defense, and the
determination of liability and the determination of amounts of penalties
and assessments shall not be subject to review.
(c) The district courts of the United States shall have jurisdiction
of any action commenced by the United States under subsection (b) of
this section.
(d) Any action under subsection (b) of this section may, without
regard to venue requirements, be joined and consolidated with or
asserted as a counterclaim, cross-claim, or setoff by the United States
in any other civil action which includes as parties the United States
and the person against whom such action may be brought.
(e) The United States Claims Court shall have jurisdiction of any
action under subsection (b) of this section to recover any penalty or
assessment if the cause of action is asserted by the United States as a
counterclaim in a matter pending in such court.
(f) The Attorney General shall have exclusive authority to compromise
or settle any penalty or assessment the determination of which is the
subject of a pending petition pursuant to section 3805 of this title or
a pending action to recover such penalty or assessment pursuant to this
section.
(g)(1) Except as provided in paragraph (2) of this subsection, any
amount of penalty or assessment collected under this chapter shall be
deposited as miscellaneous receipts in the Treasury of the United
States.
(2)(A) Any amount of a penalty or assessment imposed by the United
States Postal Service under this chapter shall be deposited in the
Postal Service Fund established by section 2003 of title 39.
(B) Any amount of a penalty or assessment imposed by the Secretary of
Health and Human Services under this chapter with respect to a claim or
statement made in connection with old age and survivors benefits under
title II of the Social Security Act shall be deposited in the Federal
Old-Age and Survivors Insurance Trust Fund.
(C) Any amount of a penalty or assessment imposed by the Secretary of
Health and Human Services under this chapter with respect to a claim or
statement made in connection with disability benefits under title II of
the Social Security Act shall be deposited in the Federal Disability
Insurance Trust Fund.
(D) Any amount of a penalty or assessment imposed by the Secretary of
Health and Human Services under this chapter with respect to a claim or
statement made in connection with benefits under part A of title XVIII
of the Social Security Act shall be deposited in the Federal Hospital
Insurance Trust Fund.
(E) Any amount of a penalty or assessment imposed by the Secretary of
Health and Human Services under this chapter with respect to a claim or
statement made in connection with benefits under part B of title XVIII
of the Social Security Act shall be deposited in the Federal
Supplementary Medical Insurance Trust Fund.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1945.)
The Social Security Act, referred to in subsec. (g)(2)(B) to (E), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II and
parts A and B of title XVIII of the Social Security Act are classified
generally to subchapter II ( 401 et seq.) and parts A ( 1395c et seq.)
and B ( 1395j et seq.) of subchapter XVIII, respectively, of chapter 7
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and Tables.
31 USC 3807. Right to administrative offset
TITLE 31 -- MONEY AND FINANCE
(a) The amount of any penalty or assessment which has become final
under section 3803 of this title, or for which a judgment has been
entered under section 3805(e) or 3806 of this title, or any amount
agreed upon in a settlement or compromise under section 3803(j) or
3806(f) of this title, may be collected by administrative offset under
section 3716 of this title, except that an administrative offset may not
be made under this subsection against a refund of an overpayment of
Federal taxes, then or later owing by the United States to the person
liable for such penalty or assessment.
(b) All amounts collected pursuant to this section shall be remitted
to the Secretary of the Treasury for deposit in accordance with section
3806(g) of this title.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1947.)
31 USC 3808. Limitations
TITLE 31 -- MONEY AND FINANCE
(a) A hearing under section 3803(d)(2) of this title with respect to
a claim or statement shall be commenced within 6 years after the date on
which such claim or statement is made, presented, or submitted.
(b) A civil action to recover a penalty or assessment under section
3806 of this title shall be commenced within 3 years after the date on
which the determination of liability for such penalty or assessment
becomes final.
(c) If at any time during the course of proceedings brought pursuant
to this chapter the authority head receives or discovers any specific
information regarding bribery, gratuities, conflict of interest, or
other corruption or similar activity in relation to a false claim or
statement, the authority head shall immediately report such information
to the Attorney General, and in the case of an authority in which an
Office of Inspector General is established by the Inspector General Act
of 1978 or by any other Federal law, to the Inspector General of that
authority.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1947.)
The Inspector General Act of 1978, referred to in subsec. (c), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
31 USC 3809. Regulations
TITLE 31 -- MONEY AND FINANCE
Within 180 days after the date of enactment of this chapter, each
authority head shall promulgate rules and regulations necessary to
implement the provisions of this chapter. Such rules and regulations
shall --
(1) ensure that investigating officials and reviewing officials are
not responsible for conducting the hearing required in section 3803(f)
of this title, making the determinations required by subsections (f) and
(h) of section 3803 of this title, or making collections under section
3806 of this title; and
(2) require a reviewing official to include in any notice required by
section 3803(a)(2) of this title a statement which specifies that the
reviewing official has determined that there is a reasonable prospect of
collecting, from a person with respect to whom the reviewing official is
referring allegations of liability in such notice, the amount for which
such person may be liable.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1947.)
The date of enactment of this chapter, referred to in text, means the
date of enactment of Pub. L. 99-509 which was approved Oct. 21, 1986.
31 USC 3810. Reports
TITLE 31 -- MONEY AND FINANCE
Not later than October 31 of each year, each authority head shall
prepare and transmit to the appropriate committees and subcommittees of
the Congress an annual report summarizing actions taken under this
chapter during the most recent 12-month period ending the previous
September 30. Such report shall include --
(1) a summary of matters referred by the investigating official of
the authority to the reviewing official of the authority under section
3803(a)(1) of this title during such period;
(2) a summary of matters transmitted to the Attorney General under
section 3803(a)(2) of this title during such period;
(3) a summary of all hearings conducted by presiding officers under
section 3803(f) of this title, and the results of such hearings, during
such period; and
(4) a summary of the actions taken during such period to collect any
civil penalty or assessment imposed under this chapter.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1947.)
31 USC 3811. Effect on other law
TITLE 31 -- MONEY AND FINANCE
(a) This chapter does not diminish the responsibility of any agency
to comply with the provisions of chapter 35 of title 44.
(b) This chapter does not supersede the provisions of section 3512 of
title 44.
(c) For purposes of this section, the term ''agency'' has the same
meaning as in section 3502(1) of title 44.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1948.)
31 USC 3812. Prohibition against delegation
TITLE 31 -- MONEY AND FINANCE
Any function, duty, or responsibility which this chapter specifies be
carried out by the Attorney General or an Assistant Attorney General
designated by the Attorney General, shall not be delegated to, or
carried out by, any other officer or employee of the Department of
Justice.
(Added Pub. L. 99-509, title VI, 6103(a), Oct. 21, 1986, 100 Stat.
1948.)
31 USC CHAPTER 39 -- PROMPT PAYMENT
TITLE 31 -- MONEY AND FINANCE
Sec.
3901. Definitions and application.
3902. Interest penalties.
3903. Regulations.
3904. Limitations on discount payments.
3905. Payment provisions relating to construction contracts.
3906. Reports.
3907. Relationship to other laws.
1988 -- Pub. L. 100-496, 9(b), Oct. 17, 1988, 102 Stat. 2463,
added item 3905 and redesignated former items 3905 and 3906 as 3906 and
3907, respectively.
39 section 410.
31 USC 3901. Definitions and application
TITLE 31 -- MONEY AND FINANCE
(a) In this chapter --
(1) ''agency'' has the same meaning given that term in section 551(
1) of title 5 and includes an entity being operated, and the head of the
agency identifies the entity as being operated, only as an
instrumentality of the agency to carry out a program of the agency.
(2) ''business concern'' means --
(A) a person carrying on a trade or business; and
(B) a nonprofit entity operating as a contractor.
(3) ''proper invoice'' is an invoice containing or accompanied by
substantiating documentation the Director of the Office of Management
and Budget may require by regulation and the head of the appropriate
agency may require by regulation or contract.
(4) for the purposes of determining a payment due date and the date
upon which any late payment interest penalty shall begin to accrue, the
head of the agency is deemed to receive an invoice --
(A) on the later of --
(i) the date on which the place or person designated by the agency to
first receive such invoice actually receives a proper invoice; or
(ii) on the 7th day after the date on which, in accordance with the
terms and conditions of the contract, the property is actually delivered
or performance of the services is actually completed, as the case may
be, unless --
(I) the agency has actually accepted such property or services before
such 7th day; or
(II) the contract (except in the case of a contract for the
procurement of a brand-name commercial item for authorized resale)
specifies a longer acceptance period, as determined by the contracting
officer to be required to afford the agency a practicable opportunity to
inspect and test the property furnished or evaluate the services
performed; or
(B) on the date of the invoice, if the agency has failed to annotate
the invoice with the date of receipt at the time of actual receipt by
the place or person designated by the agency to first receive such
invoice.
(5) a payment is deemed to be made on the date a check for payment is
dated or an electronic fund transfer is made.
(6) a contract to rent property is deemed to be a contract to acquire
the property.
(b) This chapter applies to the Tennessee Valley Authority. However,
regulations prescribed under this chapter do not apply to the Authority,
and the Authority alone is responsible for carrying out this chapter as
it applies to contracts of the Authority.
(c) This chapter, except section 3906 of this title, applies to the
United States Postal Service. However, the Postmaster General shall be
responsible for issuing the implementing procurement regulations,
solicitation provisions, and contract clauses for the United States
Postal Service.
(Added Pub. L. 97-452, 1(18)(A), Jan. 12, 1983, 96 Stat. 2474, and
amended Pub. L. 100-496, 2(a)-(c)(1), Oct. 17, 1988, 102 Stat. 2455.)
In the chapter, the words ''the head of'' are added for clarity and
consistency in the revised title and with other titles of the United
States Code.
In subsection (a)(1), the word ''Federal'' is omitted as unnecessary
and for consistency in the revised title and with other titles of the
Code. The words ''for this purpose'' are omitted because of the
restatement. The words ''the purpose of'' and ''or more'' are omitted
as surplus.
In subsection (a)(5), the words ''deemed to be'' are substituted for
''considered'' for consistency in the revised title and with other
titles of the Code.
In subsection (a)(6), the words ''real or personal'' are omitted as
surplus. The words ''deemed to be'' are added for consistency in the
revised title and with other titles of the Code.
In subsection (b), the words ''the authority of'' are omitted as
surplus.
1988 -- Subsec. (a)(4). Pub. L. 100-496, 2(a), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ''the head
of an agency is deemed to receive an invoice on the later of the dates
that --
''(A) the designated payment office or finance center of the agency
actually receives a proper invoice; or
''(B) the head of the agency accepts the applicable property or
service.''
Subsec. (a)(5). Pub. L. 100-496, 2(b), amended par. (5) generally,
substituting ''check for payment is dated or an electronic fund transfer
is made'' for ''check for the payment is dated''.
Subsec. (c). Pub. L. 100-496, 2(c)(1), added subsec. (c).
Amendment by section 2(a), (b) of Pub. L. 100-496 applicable to
payments under contracts awarded, contracts renewed, and contract
options exercised during or after the first fiscal quarter which begins
more than 90 days after Oct. 17, 1988, and amendment by section 2(c)(
1) of Pub. L. 100-496 applicable with respect to all obligations
incurred on or after Jan. 1, 1989, see section 14(a), (c) of Pub. L.
100-496, set out as a note under section 3902 of this title.
Section 1 of Pub. L. 100-496 provided that: ''This Act (enacting
section 3905 of this title, amending this section, sections 3902 to 3904
and 3906 of this title, section 644 of Title 15, Commerce and Trade, and
section 410 of Title 39, Postal Service, renumbering sections 3905 and
3906 of this title as 3906 and 3907, respectively, enacting provisions
set out as notes under sections 3902, 3903, and 3906 of this title, and
repealing provisions set out as a note under section 3903 of this title)
may be cited as the 'Prompt Payment Act Amendments of 1988'.''
31 USC 3902. Interest penalties
TITLE 31 -- MONEY AND FINANCE
(a) Under regulations prescribed under section 3903 of this title,
the head of an agency acquiring property or service from a business
concern, who does not pay the concern for each complete delivered item
of property or service by the required payment date, shall pay an
interest penalty to the concern on the amount of the payment due. The
interest shall be computed at the rate of interest established by the
Secretary of the Treasury, and published in the Federal Register, for
interest payments under section 12 of the Contract Disputes Act of 1978
(41 U.S.C. 611), which is in effect at the time the agency accrues the
obligation to pay a late payment interest penalty.
(b) Except as provided in section 3906 of this title, the interest
penalty shall be paid for the period beginning on the day after the
required payment date and ending on the date on which payment is made.
(c)(1) A business concern shall be entitled to an interest penalty of
$1.00 or more which is owed such business concern under this section,
and such penalty shall be paid without regard to whether the business
concern has requested payment of such penalty.
(2) Each payment subject to this chapter for which a late payment
interest penalty is required to be paid shall be accompanied by a notice
stating the amount of the interest penalty included in such payment and
the rate by which, and period for which, such penalty was computed.
(3) If a business concern --
(A) is owed an interest penalty by an agency;
(B) is not paid the interest penalty in a payment made to the
business concern by the agency on or after the date on which the
interest penalty becomes due;
(C) is not paid the interest penalty by the agency within 10 days
after the date on which such payment is made; and
(D) makes a written demand, not later than 40 days after the date on
which such payment is made, that the agency pay such a penalty,
such business concern shall be entitled to an amount equal to the sum
of the late payment interest penalty to which the contractor is entitled
and an additional penalty equal to a percentage of such late payment
interest penalty specified by regulation by the Director of the Office
of Management and Budget, subject to such maximum as may be specified in
such regulations.
(d) The temporary unavailability of funds to make a timely payment
due for property or services does not relieve the head of an agency from
the obligation to pay interest penalties under this section.
(e) An amount of an interest penalty unpaid after any 30-day period
shall be added to the principal amount of the debt, and a penalty
accrues thereafter on the added amount.
(f) This section does not authorize the appropriation of additional
amounts to pay an interest penalty. The head of an agency shall pay a
penalty under this section out of amounts made available to carry out
the program for which the penalty is incurred.
(g) A recipient of a grant from the head of an agency may provide in
a contract for the acquisition of property or service from a business
concern that, consistent with the usual business practices of the
recipient and applicable State and local law, the recipient will pay an
interest penalty on amounts overdue under the contract under conditions
agreed to by the recipient and the concern. The recipient may not pay
the penalty from amounts received from an agency. Amounts expended for
the penalty may not be counted toward a matching requirement applicable
to the grant. An obligation to pay the penalty is not an obligation of
the United States Government.
(h)(1) This section shall apply to contracts for the procurement of
property or services entered into pursuant to section 4(h) of the Act of
June 29, 1948 (15 U.S.C. 714b(h)).
(2)(A) In the case of a payment to which producers on a farm are
entitled under the terms of an agreement entered into under the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), an interest penalty
shall be paid to the producers if the payment has not been made by the
required payment or loan closing date. The interest penalty shall be
paid --
(i) on the amount of payment or loan due; and
(ii) for the period beginning on the first day beginning after the
required payment or loan closing date and ending on the date the amount
is paid or loaned.
(B) As used in this subsection, the ''required payment or loan
closing date'' means --
(i) for a purchase agreement, the 30th day after delivery of the
warehouse receipt for the commodity subject to the purchase agreement;
(ii) for a loan agreement, the 30th day beginning after the date of
receipt of an application with all requisite documentation and
signatures, unless the applicant requests that the disbursement be
deferred;
(iii) for refund of amounts received greater than the amount required
to repay a commodity loan, the first business day after the Commodity
Credit Corporation receives payment for such loan;
(iv) for land diversion payments (other than advance payments), the
30th day beginning after the date of completion of the production
adjustment contract by the producer;
(v) for an advance land diversion payment, 30 days after the date the
Commodity Credit Corporation executes the contract with the producer;
(vi) for a deficiency payment (other than advance payments) based
upon a 12-month or 5-month period, 91 days after the end of such period;
or
(vii) for an advance deficiency payment, 30 days after the date the
Commodity Credit Corporation executes the contract with the producer.
(3) Payment of the interest penalty under this subsection shall be
made out of funds available under section 8 of the Act of June 29, 1948
(15 U.S.C. 714f).
(4) Section 3907 of this title shall not apply to interest penalty
payments made under this subsection.
(Added Pub. L. 97-452, 1(18)(A), Jan. 12, 1983, 96 Stat. 2475, and
amended Pub. L. 98-216, 1(6), Feb. 14, 1984, 98 Stat. 4; Pub. L.
100-496, 3, Oct. 17, 1988, 102 Stat. 2456.)
In subsection (a), the words ''under section 3903 of this title'' are
substituted for ''by the Director of the Office of Management and
Budget'' because of the restatement. The words ''in accordance with
this section'' are omitted as surplus.
In subsection (b), before clause (1), the words ''on amounts due to a
business concern under this chapter . . . to the business concern'',
''of the amount due'', and ''complete delivered . . . of property or
service concerned'' are omitted as surplus.
In subsection (c), the words ''which remains'' are omitted as
surplus.
In subsection (e), the words ''terms and'' and ''non-Federal'' are
omitted as surplus. The word ''Government'' is added for consistency in
the revised title and with other titles of the United States Code.
This is necessary to correct cross-references in section 3902(b).
The Agricultural Act of 1949, referred to in subsec. (h)(2)(A), is
act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A ( 1421 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
Short Title note set out under section 1421 of Title 7 and Tables.
1988 -- Subsec. (a). Pub. L. 100-496, 3(a)(1), substituted ''The
interest shall be computed at the rate of interest established by the
Secretary of the Treasury, and published in the Federal Register, for
interest payments under section 12 of the Contract Disputes Act of 1978
(41 U.S.C. 611), which is in effect at the time the agency accrues the
obligation to pay a late payment interest penalty'' for ''The interest
shall be computed at the rate the Secretary of the Treasury establishes
for interest payments under section 12 of the Contract Disputes Act of
1978 (41 U.S.C. 611). The Secretary shall publish each rate in the
Federal Register''.
Subsec. (b). Pub. L. 100-496, 3(a)(2), struck out second sentence
which read as follows: ''However, a penalty may not be paid if payment
for the item is made --
''(1) when the item is a meat or meat food product described in
section 3903(2) of this title, before the 4th day after the required
payment date;
''(2) when the item is an agricultural commodity described in section
3903(3) of this title, before the 6th day after the required payment
date; or
''(3) when the item is not an item referred to in clauses (1) and (2)
of this subsection, before the 16th day after the required payment
date.''
Subsecs. (c) to (g). Pub. L. 100-496, 3(b), added subsecs. (c) and
(d) and redesignated former subsecs. (c) to (e) as (e) to (g),
respectively.
Subsec. (h). Pub. L. 100-496, 3(c), added subsec. (h).
1984 -- Subsec. (b). Pub. L. 98-216 substituted ''3903(2)'' for
''3903(2)(A)'' in par. (1) and ''3903(3)'' for ''3903(2)(B)'' in par.
(2).
Section 14(a)-(c) of Pub. L. 100-496 provided that:
''(a) The amendments made by sections 2(a), 2(b), 3(a), 4 through 9,
12, and 13 of this Act (enacting section 3905 of this title, amending
this section, sections 3901, 3903, and 3904 of this title and section
644 of Title 15, Commerce and Trade, renumbering sections 3905 and 3906
of this title as sections 3906 and 3907, respectively, and repealing
provisions set out as a note under section 3903 of this title) shall
apply to payments under contracts awarded, contracts renewed, and
contract options exercised during or after the first fiscal quarter
which begins more than 90 days after the date of the enactment of this
Act (Oct. 17, 1988).
''(b) The requirements of section 3902(c)(2) of title 31, United
States Code, as added by section 3(b) of this Act, shall apply to
payments under contracts awarded on or after October 1, 1989.
''(c) The amendments made by sections 2(c) and 3(c) of this Act
(amending sections 3901 and 3902 of this title and section 410 of Title
39, Postal Service) shall be applicable with respect to all obligations
incurred on or after January 1, 1989.''
31 USC 3903. Regulations
TITLE 31 -- MONEY AND FINANCE
(a) The Director of the Office of Management and Budget shall
prescribe regulations to carry out section 3902 of this title. The
regulations shall --
(1) provide that the required payment date is --
(A) the date payment is due under the contract for the item of
property or service provided; or
(B) 30 days after a proper invoice for the amount due is received if
a specific payment date is not established by contract;
(2) for the acquisition of meat or a meat food product (as defined in
section 2(a)(3) of the Packers and Stockyards Act, 1921 (7 U.S.C.
182(3))), including any edible fresh or frozen poultry meat, any
perishable poultry meat food product, fresh eggs, and any perishable egg
product, or of fresh or frozen fish (as defined in section 204(3) of the
Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), provide a
required payment date of not later than 7 days after the meat, meat food
product, or fish is delivered; and
(3) for the acquisition of a perishable agricultural commodity (as
defined in section 1(4) /1/ of the Perishable Agricultural Commodities
Act, 1930 (7 U.S.C. 499a(4))), provide a required payment date
consistent with that Act;
(4) for the acquisition of dairy products (as defined in section
111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C.
4502(e)), the acquisition of edible fats or oils, and the acquisition of
food products prepared from edible fats or oils, provide a required
payment date of not later than 10 days after the date on which a proper
invoice for the amount due has been received by the agency acquiring
such dairy products, fats, oils, or food products;
(5) require periodic payments, in the case of a property or service
contract which does not prohibit periodic payments for partial
deliveries or other contract performance during the contract period,
upon --
(A) submission of an invoice for property delivered or services
performed during the contract period, if an invoice is required by the
contract; and
(B) either --
(i) acceptance of the property or services by an employee of an
agency authorized to accept the property or services; or
(ii) the making of a determination by such an employee, that the
performance covered by the payment conforms to the terms and conditions
of the contract;
(6) in the case of a construction contract, provide for the payment
of interest on --
(A) a progress payment (including a monthly percentage-of-completion
progress payment or milestone payments for completed phases, increments,
or segments of any project) that is approved as payable by the agency
pursuant to subsection (b) of this section and remains unpaid for --
(i) a period of more than 14 days after receipt of the payment
request by the place or person designated by the agency to first receive
such requests; or
(ii) a longer period, specified in the solicitation, if required to
afford the Government a practicable opportunity to adequately inspect
the work and to determine the adequacy of the contractor's performance
under the contract; and
(B) any amounts which the agency has retained pursuant to a prime
contract clause providing for retaining a percentage of progress
payments otherwise due to a contractor and that are approved for release
to the contractor, if such retained amounts are not paid to the
contractor by a date specified in the contract or, in the absence of
such a specified date, by the 30th day after final acceptance;
(7) require that --
(A) each invoice be reviewed as soon as practicable after receipt for
the purpose of determining that such an invoice is a proper invoice
within the meaning of section 3901(a)(3) of this title;
(B) any invoice determined not to be such a proper invoice suitable
for payment shall be returned as soon as practicable, but not later than
7 days, after receipt, specifying the reasons that the invoice is not a
proper invoice; and
(C) the number of days available to an agency to make a timely
payment of an invoice without incurring an interest penalty shall be
reduced by the number of days by which an agency exceeds the
requirements of subparagraph (B) of this paragraph;
(8) permit an agency to make payment up to 7 days prior to the
required payment date, or earlier as determined by the agency to be
necessary on a case-by-case basis; and
(9) prescribe the methods for computing interest under section 3903(
c) of this title.
(b)(1) A payment request may not be approved under subsection (a)(
6)(A) of this section unless the application for such payment includes
--
(A) substantiation of the amounts requested; and
(B) a certification by the prime contractor, to the best of the
contractor's knowledge and belief, that --
(i) the amounts requested are only for performance in accordance with
the specifications, terms, and conditions of the contract;
(ii) payments to subcontractors and suppliers have been made from
previous payments received under the contract, and timely payments will
be made from the proceeds of the payment covered by the certification,
in accordance with their subcontract agreements and the requirements of
this chapter; and
(iii) the application does not include any amounts which the prime
contractor intends to withhold or retain from a subcontractor or
supplier in accordance with the terms and conditions of their
subcontract.
(2) The agency shall return any such payment request which is
defective to the contractor within 7 days after receipt, with a
statement identifying the defect.
(c)(1) The contracting officer shall --
(A) compute the interest which a contractor shall be obligated to pay
under sections 3905(a)(2) and 3905(e)(6) of this title on the basis of
the average bond equivalent rates of 91-day Treasury bills auctioned at
the most recent auction of such bills prior to the date the contractor
received the unearned amount; and
(B) deduct the interest amount determined under subparagraph (A) of
this paragraph from the next available payment to the contractor.
(2) Amounts deducted from payments to contractors under paragraph
(1)(B) shall revert to the Treasury.
(Added Pub. L. 97-452, 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, and
amended Pub. L. 100-496, 4-7, 13(a), Oct. 17, 1988, 102 Stat.
2457-2459, 2465; Pub. L. 102-190, div. A, title VIII, 842, Dec. 5,
1991, 105 Stat. 1449.)
In the section, before clause (1), the words ''The Director of the
Office of Management and Budget shall prescribe regulations to carry out
section 3902 of this title'' are added because of the restatement. In
clause (1)(A), the words ''the terms of'' are omitted as surplus. In
clause (1)(B), the words ''of the payment'' are omitted as surplus.
The Perishable Agricultural Commodities Act, 1930, referred to in
subsec. (a)(3), is act June 10, 1930, ch. 436, 46 Stat. 531, as
amended, which is classified generally to chapter 20A ( 499a et seq.) of
Title 7, Agriculture. Section 1(4) of the Act was redesignated section
1(b)(4) by Pub. L. 102-237, title X, 1011(1)(A), Dec. 13, 1991, 105
Stat. 1898, and is classified to section 499a(b)(4) of Title 7. For
complete classification of this Act to the Code, see section 499r of
Title 7 and Tables.
1991 -- Subsec. (a)(2). Pub. L. 102-190 inserted provisions relating
to fresh or frozen fish as defined in 16 U.S.C. 4003(3) and substituted
''meat, meat food product, or fish'' for ''meat or meat food product''.
1988 -- Subsec. (a). Pub. L. 100-496, 6(1), designated existing
provisions as subsec. (a).
Subsec. (a)(2). Pub. L. 100-496, 13(a), included any edible fresh or
frozen poultry meat, any perishable poultry meat food product, fresh
eggs, and any perishable egg product.
Subsec. (a)(4). Pub. L. 100-496, 4, amended par. (4) generally.
Prior to amendment, par. (4) read as follows: ''provide separate
required payment dates for a contract under which property or service is
provided in a series of partial executions or deliveries to the extent
the contract provides for separate payments for partial execution or
delivery; and''.
Subsec. (a)(5). Pub. L. 100-496, 5(2), added par. (5). Former par.
(5) redesignated (7).
Subsec. (a)(6). Pub. L. 100-496, 6(2), added par. (6).
Subsec. (a)(7). Pub. L. 100-496, 7, added par. (7) and struck out
former par. (7), which read as follows: ''require that, within 15 days
after an invoice is received, the head of an agency notify the business
concern of a defect or impropriety in the invoice that would prevent the
running of the time period specified in clause (1)(B) of this section.''
Pub. L. 100-496, 5(1), redesignated par. (5) as (7).
Subsec. (a)(8), (9). Pub. L. 100-496, 7, added pars. (8) and (9).
Subsecs. (b), (c). Pub. L. 100-496, 6(3), added subsecs. (b) and
(c).
Amendment by Pub. L. 100-496 applicable to payments under contracts
awarded, contracts renewed, and contract options exercised during or
after the first fiscal quarter which begins more than 90 days after Oct.
17, 1988, see section 14(a) of Pub. L. 100-496, set out as a note
under section 3902 of this title.
Section 11 of Pub. L. 100-496 provided that:
''(a) The Federal Acquisition Regulation shall be modified to provide
appropriate solicitation provisions and contract clauses that implement
chapter 39 of title 31, United States Code, as amended by this Act (see
Short Title of 1988 Amendment note set out under section 3901 of this
title), and the regulations prescribed under section 3903 of such title
(as amended).
''(b) The solicitation provisions and contract clauses required by
subsection (a) of this section shall include (but not be limited to) the
following matters:
''(1) Authority for a contracting officer to specify for a contract
or class of contracts a specific payment period, which --
''(A) in the case of payments for commercial items or services, is
similar to the payment period or periods permitted in prevailing private
industry contracting practices;
''(B) in the case of payments for noncommercial items and services,
does not exceed 30 days unless the circumstances of the procurement
action is determined to require a longer period for payment and such
determination is approved above the level of the contracting officer;
''(C) in the case of payments for items of property or services in an
amount less than the amount specified as a small purchase in section
303(g)(2) of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(g)(2)), does not exceed 15 days after the date of
receipt of the invoice, if --
''(i) the contract provides for such 'fast payment' terms;
''(ii) title to any property will vest in the Government upon
delivery (including delivery to a common carrier); and
''(iii) the business concern offers appropriate warranties to furnish
property or services conforming to the requirements of the contract or
purchase order, if payment will be due prior to acceptance of the items
or services; and
''(D) in the case of progress payments under construction contracts,
does not exceed 14 days, unless the solicitation specifies a longer
period which the contracting officer has determined is required to
afford the Government a practicable opportunity to adequately inspect
the work and to evaluate the adequacy of the contractor's performance
under the contract.
''(2) Requirements to make periodic payments, in the case of a
property or service contract which does not prohibit periodic payments
for partial deliveries or other contract performance during the contract
period, upon --
''(A) submission of an invoice for property delivered or services
performed during the contract period, if an invoice is required by the
contract; and
''(B) either --
''(i) acceptance of the property or services by an employee of the
contracting agency authorized to accept the property or services; or
''(ii) the making of a determination by such an employee, that the
performance covered by the payment conforms to the terms and conditions
of the contract.
''(3) A conclusive presumption, exclusively for the purposes of
determining when an agency becomes obligated to pay a late payment
interest penalty (other than under construction contracts), that the
Federal Government has accepted property or services by the 7th day
after the date on which, in accordance with the terms and conditions of
the contract, the property is delivered or final performance of the
services is completed, unless the solicitation specifies a longer period
which is determined by the contracting officer to be required to afford
the agency a practicable opportunity to inspect and test the property
furnished or evaluate the services performed.
''(4) The limitation that the Federal Government may take a discount
offered by a contractor for early payment by the Federal Government only
in accordance with the time limits specified by the contractor,
determined in accordance with the second sentence of section 3904 of
title 31, United States Code.
''(5) The requirements of section 3902(c) of title 31, United States
Code.
''(6) The requirements of section 3903(a)(6) of title 31, United
States Code.
''(7) The requirements of section 3905 of title 31, United States
Code.
''(c) The regulations required by subsection (a) of this section
shall be published as proposed regulations for public comment as
provided in section 22 of the Office of Federal Procurement Policy Act
(41 U.S.C. 418b) within 120 days after the date of the enactment of this
Act (Oct. 17, 1988).''
Pub. L. 98-181, title II, 2002, Nov. 30, 1983, 97 Stat. 1297, to
the extent that it provided that the terms ''meat'' and ''meat food
products'' as used in 31 U.S.C. 3903(2) also included edible fresh or
frozen poultry meat, perishable poultry meat food products, fresh eggs
and perishable egg products, was stricken by Pub. L. 100-496, 13(b),
Oct. 17, 1988, 102 Stat. 2465, applicable to payments under contracts
awarded, contracts renewed, and contract options exercised during or
after the first fiscal quarter which begins more than 90 days after Oct.
17, 1988.
/1/ See References in Text note below.
31 USC 3904. Limitations on discount payments
TITLE 31 -- MONEY AND FINANCE
The head of an agency offered a discount by a business concern from
an amount due under a contract for property or service in exchange for
payment within a specified time may pay the discounted amount only if
payment is made within the specified time. For the purpose of the
preceding sentence, the specified time shall be determined from the date
of the invoice. The head of the agency shall pay an interest penalty on
an amount remaining unpaid in violation of this section. The penalty
accrues as provided under sections 3902 and 3903 of this title, except
that the required payment date for the unpaid amount is the last day
specified in the contract that the discounted amount may be paid.
(Added Pub. L. 97-452, 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, and
amended Pub. L. 100-496, 8, Oct. 17, 1988, 102 Stat. 2460.)
The word ''otherwise'' is omitted as surplus. The words ''may pay
the discounted amount'' are substituted for ''may make payment in an
amount equal to the discounted price'' to eliminate unnecessary words.
The words ''on such unpaid amount'' and ''the regulations prescribed
pursuant to'' are omitted as surplus. The words ''specified in the
contract that the discounted amount may be paid'' are substituted for
''of the specified period of time described in subsection (a)'' for
clarity.
1988 -- Pub. L. 100-496 inserted after first sentence ''For the
purpose of the preceding sentence, the specified time shall be
determined from the date of the invoice.''
Amendment by Pub. L. 100-496 applicable to payments under contracts
awarded, contracts renewed, and contract options exercised during or
after the first fiscal quarter which begins more than 90 days after Oct.
17, 1988, see section 14(a) of Pub. L. 100-496, set out as a note
under section 3902 of this title.
31 USC 3905. Payment provisions relating to construction contracts
TITLE 31 -- MONEY AND FINANCE
(a) In the event that a contractor, after making a certified payment
request to an agency pursuant to section 3903(b) of this title,
discovers that a portion or all of such payment request constitutes a
payment for performance by such contractor that fails to conform to the
specifications, terms, and conditions of its contract (hereafter in this
subsection referred to as the ''unearned amount''), then the contractor
shall --
(1) notify the agency of such performance deficiency; and
(2) be obligated to pay the Government an amount equal to interest on
the unearned amount (computed in the manner provided in section 3903(c)
of this title), from the date of the contractor's receipt of such
unearned amount until --
(A) the date the contractor notifies the agency that the performance
deficiency has been corrected; or
(B) the date the contractor reduces the amount of any subsequent
certified application for payment to such agency by an amount equal to
the unearned amount.
(b) Each construction contract awarded by an agency shall include a
clause that requires the prime contractor to include in each subcontract
for property or services entered into by the prime contractor and a
subcontractor (including a material supplier) for the purpose of
performing such construction contract --
(1) a payment clause which obligates the prime contractor to pay the
subcontractor for satisfactory performance under its subcontract within
7 days out of such amounts as are paid to the prime contractor by the
agency under such contract; and
(2) an interest penalty clause which obligates the prime contractor
to pay to the subcontractor an interest penalty on amounts due in the
case of each payment not made in accordance with the payment clause
included in the subcontract pursuant to paragraph (1) of this subsection
--
(A) for the period beginning on the day after the required payment
date and ending on the date on which payment of the amount due is made;
and
(B) computed at the rate specified by section 3902(a) of this title.
(c) The construction contract awarded by the agency shall further
require the prime contractor to include in each of its subcontracts (for
the purpose of performance of such construction contract) a provision
requiring the subcontractor to include a payment clause and an interest
penalty clause conforming to the standards of subsection (b) of this
section in each of its subcontracts and to require each of its
subcontractors to include such clauses in their subcontracts with each
lower-tier subcontractor or supplier.
(d) The clauses required by subsections (b) and (c) of this section
shall not be construed to impair the right of a prime contractor or a
subcontractor at any tier to negotiate, and to include in their
subcontract, provisions which --
(1) permit the prime contractor or a subcontractor to retain (without
cause) a specified percentage of each progress payment otherwise due to
a subcontractor for satisfactory performance under the subcontract,
without incurring any obligation to pay a late payment interest penalty,
in accordance with terms and conditions agreed to by the parties to the
subcontract, giving such recognition as the parties deem appropriate to
the ability of a subcontractor to furnish a performance bond and a
payment bond;
(2) permit the contractor or subcontractor to make a determination
that part or all of the subcontractor's request for payment may be
withheld in accordance with the subcontract agreement; and
(3) permit such withholding without incurring any obligation to pay a
late payment penalty if --
(A) a notice conforming to the standards of subsection (g) of this
section has been previously furnished to the subcontractor; and
(B) a copy of any notice issued by a prime contractor pursuant to
subparagraph (A) of this paragraph has been furnished to the Government.
(e) If a prime contractor, after making application to an agency for
payment under a contract but before making a payment to a subcontractor
for the subcontractor's performance covered by such application,
discovers that all or a portion of the payment otherwise due such
subcontractor is subject to withholding from the subcontractor in
accordance with the subcontract agreement, then the prime contractor
shall --
(1) furnish to the subcontractor a notice conforming to the standards
of subsection (g) of this section as soon as practicable upon
ascertaining the cause giving rise to a withholding, but prior to the
due date for subcontractor payment;
(2) furnish to the Government, as soon as practicable, a copy of the
notice furnished to the subcontractor pursuant to paragraph (1) of this
subsection;
(3) reduce the subcontractor's progress payment by an amount not to
exceed the amount specified in the notice of withholding furnished under
paragraph (1) of this subsection;
(4) pay the subcontractor as soon as practicable after the correction
of the identified subcontract performance deficiency, and --
(A) make such payment within --
(i) 7 days after correction of the identified subcontract performance
deficiency (unless the funds therefor must be recovered from the
Government because of a reduction under paragraph (5)(A)); or
(ii) 7 days after the contractor recovers such funds from the
Government; or
(B) incur an obligation to pay a late payment interest penalty
computed at the rate specified by section 3902(a) of this title;
(5) notify the Government, upon --
(A) reduction of the amount of any subsequent certified application
for payment; or
(B) payment to the subcontractor of any withheld amounts of a
progress payment, specifying --
(i) the amounts of the progress payments withheld under paragraph (1)
of this subsection; and
(ii) the dates that such withholding began and ended; and
(6) be obligated to pay to the Government an amount equal to interest
on the withheld payments (computed in the manner provided in section
3903(c) of this title), from the 8th day after receipt of the withheld
amounts from the Government until --
(A) the day the identified subcontractor performance deficiency is
corrected; or
(B) the date that any subsequent payment is reduced under paragraph
(5)(A).
(f)(1) If a prime contractor, after making payment to a first-tier
subcontractor, receives from a supplier or subcontractor of the
first-tier subcontractor (hereafter referred to as a ''second-tier
subcontractor'') a written notice in accordance with section 2 of the
Act of August 24, 1935 (40 U.S.C. 270b), asserting a deficiency in such
first-tier subcontractor's performance under the contract for which the
prime contractor may be ultimately liable, and the prime contractor
determines that all or a portion of future payments otherwise due such
first-tier subcontractor is subject to withholding in accordance with
the subcontract agreement, then the prime contractor may, without
incurring an obligation to pay an interest penalty under subsection
(e)(6) of this section --
(A) furnish to the first-tier subcontractor a notice conforming to
the standards of subsection (g) of this section as soon as practicable
upon making such determination; and
(B) withhold from the first-tier subcontractor's next available
progress payment or payments an amount not to exceed the amount
specified in the notice of withholding furnished under subparagraph (A)
of this paragraph.
(2) As soon as practicable, but not later than 7 days after receipt
of satisfactory written notification that the identified subcontract
performance deficiency has been corrected, the prime contractor shall
pay the amount withheld under paragraph (1)(B) of this subsection to
such first-tier subcontractor, or shall incur an obligation to pay a
late payment interest penalty to such first-tier subcontractor computed
at the rate specified by section 3902(a) of this title.
(g) A written notice of any withholding shall be issued to a
subcontractor (with a copy to the Government of any such notice issued
by a prime contractor), specifying --
(1) the amount to be withheld;
(2) the specific causes for the withholding under the terms of the
subcontract; and
(3) the remedial actions to be taken by the subcontractor in order to
receive payment of the amounts withheld.
(h) A prime contractor may not request payment from the agency of any
amount withheld or retained in accordance with subsection (d) of this
section until such time as the prime contractor has determined and
certified to the agency that the subcontractor is entitled to the
payment of such amount.
(i) A dispute between a contractor and subcontractor relating to the
amount or entitlement of a subcontractor to a payment or a late payment
interest penalty under a clause included in the subcontract pursuant to
subsection (b) or (c) of this section does not constitute a dispute to
which the United States is a party. The United States may not be
interpleaded in any judicial or administrative proceeding involving such
a dispute.
(j) Except as provided in subsection (i) of this section, this
section shall not limit or impair any contractual, administrative, or
judicial remedies otherwise available to a contractor or a subcontractor
in the event of a dispute involving late payment or nonpayment by a
prime contractor or deficient subcontract performance or nonperformance
by a subcontractor.
(k) A contractor's obligation to pay an interest penalty to a
subcontractor pursuant to the clauses included in a subcontract under
subsection (b) or (c) of this section may not be construed to be an
obligation of the United States for such interest penalty. A contract
modification may not be made for the purpose of providing reimbursement
of such interest penalty. A cost reimbursement claim may not include
any amount for reimbursement of such interest penalty.
(Added Pub. L. 100-496, 9(a)(2), Oct. 17, 1988, 102 Stat. 2460.)
A prior section 3905 was renumbered section 3906 of this title.
Section applicable to payments under contracts awarded, contracts
renewed, and contract options exercised during or after the first fiscal
quarter which begins more than 90 days after Oct. 17, 1988, see section
14(a) of Pub. L. 100-496, set out as an Effective Date of 1988
Amendment note under section 3902 of this title.
31 USC 3906. Reports
TITLE 31 -- MONEY AND FINANCE
(a)(1) By the 60th day after the end of the fiscal year, the head of
each agency shall submit to the Director of the Office of Management and
Budget a report on the agency's payment practices during that fiscal
year, including a description of the extent to which those practices
satisfy the requirements of this chapter.
(2) In addition to such other information as may be required by the
Director, the report required by paragraph (1) shall include --
(A) the number, dollar value, and percentage of invoices for which
interest or other late payment penalties were paid, the amount of such
late payment interest and other penalties, and the reasons the interest
penalties were not avoided by prompt payment; and
(B) the number, dollar value, and percentage of invoices paid after
the required payment date without payment of an interest penalty or
other late payment penalty, and the reasons no obligation to pay such
penalties was incurred with respect to such invoices or no amount for
such penalties were included in the payments of such invoices.
(b) By the 120th day after the end of each fiscal year, the Director
shall submit to the Committees on Governmental Affairs, Appropriations,
and Small Business of the Senate and the Committees on Government
Operations, Appropriations, and Small Business of the House of
Representatives a report on agency compliance with this chapter. The
report shall include a summary of the report of each agency submitted
under subsection (a) of this section and an analysis of progress made in
reducing interest penalty payments by that agency from prior years.
(Added Pub. L. 97-452, 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, 3905;
renumbered 3906 and amended Pub. L. 100-496, 9(a)(1), 10, Oct. 17, 1988,
102 Stat. 2460, 2463.)
In subsection (a), the word ''detailed'' is omitted as surplus.
In subsection (b), the words ''the requirements of'' are omitted as
surplus.
A prior section 3906 was renumbered section 3907 of this title.
1988 -- Pub. L. 100-496, 9(a)(1), renumbered section 3905 of this
title as this section.
Subsec. (a). Pub. L. 100-496, 10, amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''By the 60th day
after the end of each fiscal year, the head of each agency shall submit
to the Director of the Office of Management and Budget a report on
interest penalty payments made under this chapter during that fiscal
year. The report shall include the number, amounts, and frequency of
the payments and the reasons the payments were not avoided by prompt
payment.''
Section 14(d) of Pub. L. 100-496 provided that: ''The amendment
made by section 10 of this Act (amending this section) shall apply to
the report required by section 3906 of title 31, United States Code, for
each fiscal year beginning after September 30, 1988.''
31 USC 3907. Relationship to other laws
TITLE 31 -- MONEY AND FINANCE
(a) A claim for an interest penalty not paid under this chapter may
be filed under section 6 of the Contract Disputes Act of 1978 (41 U.S.
C. 605).
(b)(1) An interest penalty under this chapter does not continue to
accrue --
(A) after a claim for a penalty is filed under the Contract Disputes
Act of 1978 (41 U.S.C. 601 et seq.); or
(B) for more than one year.
(2) Paragraph (1) of this subsection does not prevent an interest
penalty from accruing under section 12 of the Contract Disputes Act of
1978 (41 U.S.C. 611) after a penalty stops accruing under this chapter.
A penalty accruing under section 12 may accrue on an unpaid contract
payment and on the unpaid penalty under this chapter.
(c) Except as provided in section 3904 of this title, this chapter
does not require an interest penalty on a payment that is not made
because of a dispute between the head of an agency and a business
concern over the amount of payment or compliance with the contract. A
claim related to the dispute, and interest payable for the period during
which the dispute is being resolved, is subject to the Contract Disputes
Act of 1978 (41 U.S.C. 601 et seq.).
(Added Pub. L. 97-452, 1(18)(A), Jan. 12, 1983, 96 Stat. 2477, 3906;
renumbered 3907, Pub. L. 100-496, 9(a)(1), Oct. 17, 1988, 102 Stat.
2460.)
In the section, the words ''be construed to'' are omitted as surplus.
In subsection (a), the words ''not paid under this chapter'' are
substituted for ''which a Federal agency has failed to pay in accordance
with the requirements of section 2 or 3 of this chapter'' to eliminate
unnecessary words.
In subsection (b)(2), the word ''accruing'' is added for clarity.
The word ''both'' is omitted as surplus.
In subsection (c), the words ''with respect to disputes concerning
discounts'', ''by the required payment date'', and ''other allegations
concerning'' are omitted as surplus.
The Contract Disputes Act of 1978, referred to in subsecs. (b)(1)(A)
and (c), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended,
which is classified principally to chapter 9 ( 601 et seq.) of Title 41,
Public Contracts. For complete classification of this Act to the Code
see Short Title note set out under section 601 of Title 41 and Tables.
1988 -- Pub. L. 100-496 renumbered section 3906 of this title as
this section.
31 USC SUBTITLE IV -- MONEY
TITLE 31 -- MONEY AND FINANCE
Chap. Sec.
51. Coins and Currency 5101
53. Monetary Transactions 5301
31 USC CHAPTER 51 -- COINS AND CURRENCY
TITLE 31 -- MONEY AND FINANCE
Sec.
5101. Decimal system.
5102. Standard weight.
5103. Legal tender.
5111. Minting and issuing coins, medals, and numismatic items.
5112. Denominations, specifications, and design of coins.
5113. Tolerances and testing of coins.
5114. Engraving and printing currency and security documents.
5115. United States currency notes.
5116. Buying and selling gold and silver.
5117. Transferring gold and gold certificates.
5118. Gold clauses and consent to sue.
5119. Redemption and cancellation of currency.
5120. Obsolete, mutilated, and worn coins and currency.
5121. Refining, assaying, and valuation of bullion.
5122. Payment to depositors.
5131. Organization.
5132. Administrative.
5133. Settlement of accounts.
5141. Operation of the Bureau.
5142. Bureau of Engraving and Printing Fund.
5143. Payment for services.
5144. Providing impressions of portraits and vignettes.
5151. Conversion of currency of foreign countries.
5152. Value of United States money holdings in international
institutions.
5153. Counterfeit currency.
5154. State taxation.
5155. Providing engraved plates of portraits of deceased members of
Congress.
31 USC SUBCHAPTER I -- MONETARY SYSTEM
TITLE 31 -- MONEY AND FINANCE
31 USC 5101. Decimal system
TITLE 31 -- MONEY AND FINANCE
United States money is expressed in dollars, dimes or tenths, cents
or hundreths, and mills or thousandths. A dime is a tenth of a dollar,
a cent is a hundredth of a dollar, and a mill is a thousandth of a
dollar.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980.)
The word ''money'' is substituted for ''money of account'' to
eliminate unnecessary words. As far as can be determined, the phrase
''money of account'' has not been interpreted by any court or Government
agency. The phrase was used by Alexander Hamilton in his ''Report on
the Establishment of the Mint'' (1791). In that Report, Hamilton
propounded 6 questions, including:
1st. What ought to be the nature of the money unit of the United
States?
Thereafter, Hamilton uses the phrases ''money unit of the United
States'' and ''money of account'' interchangeably and in the sense that
the phrases are used to denote the monetary system for keeping financial
accounts. In short, the phrases simply indicate that financial accounts
are to be based on a decimal money system:
. . ., and it is certain that nothing can be more simple and
convenient than the decimal subdivisions. There is every reason to
expect that the method will speedily grow into general use, when it
shall be seconded by corresponding coins. On this plan the unit in the
money of account will continue to be, as established by that resolution
(of August 8, 1786), a dollar, and its multiples, dimes, cents, and
mills, or tenths, hundreths, and thousands.
Thus, the phrase ''money of account'' did not mean, by itself, that
dollars or fractions of dollars must be equal to something having
intrinsic or ''substantive'' value. This concept is supported by
earlier writings of Thomas Jefferson in his ''Notes on the Establishment
of a Money Unit, and of a Coinage for the United States'' (1784), and
the 1782 report to the President of the Continental Congress on the
coinage of the United States by the Superintendent of Finances, Robert
Morris, which was apparently prepared by the Assistant Superintendent,
Gouverneur Morris. See Paul L. Ford, The Writings of Thomas Jefferson,
vol. III (G.P. Putnam's Sons, 1894) pp. 446-457; William G. Sumner,
The Financier and the Finances of the American Revolution, vol. II
(Burt Franklin, 1891, reprinted 1970) pp. 36-47; and George T.
Curtis, History of the Constitution, vol. I (Harper and Brothers, 1859)
p. 443, n2. The words ''or units'' and ''and all accounts in the
public offices and all proceedings in the courts shall be kept and had
in conformity to this regulation'' are omitted as surplus.
Pub. L. 101-585, 1, Nov. 15, 1990, 104 Stat. 2874, provided that:
''This Act (amending section 5132 of this title) may be cited as the
'Silver Coin Proof Sets Act'.''
31 USC 5102. Standard weight
TITLE 31 -- MONEY AND FINANCE
The standard troy pound of the National Institute of Standards and
Technology of the Department of Commerce shall be the standard used to
ensure that the weight of United States coins conforms to specifications
in section 5112 of this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 100-418,
title V, 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
The words ''National Bureau of Standards of the Department of
Commerce'' are substituted for ''Bureau of Standards of the United
States'' because of 15:1511. The words ''troy pound of the mint of the
United States, conformably to which the coinage thereof shall be
regulated'' are omitted as unnecessary because of the restatement. The
word ''ensure'' is substituted for ''securing'' as being more precise.
The words ''specifications in section 5112 of this title'' are
substituted for ''the provisions of the laws relating to coinage''
because of the restatement.
1988 -- Pub. L. 100-418 substituted ''National Institute of
Standards and Technology'' for ''National Bureau of Standards''.
31 USC 5103. Legal tender
TITLE 31 -- MONEY AND FINANCE
United States coins and currency (including Federal reserve notes and
circulating notes of Federal reserve banks and national banks) are legal
tender for all debts, public charges, taxes, and dues. Foreign gold or
silver coins are not legal tender for debts.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 97-452, 1(
19), Jan. 12, 1983, 96 Stat. 2477.)
The words ''All . . . regardless of when coined or issued'' are
omitted as unnecessary because of the restatement. The word ''debts''
is substituted for ''debts, public and private'' to eliminate
unnecessary words. The words ''public charges, taxes, duties, and
dues'' are omitted as included in ''debts''.
This restores to 31:5103 the reference to public charges, taxes, and
dues because they are not considered to be debts. See, Hagar v.
Reclamation District No. 108, 111 U.S. 701, 706 (1884).
1983 -- Pub. L. 97-452 inserted '', public charges, taxes, and
dues'' after ''all debts''.
Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L.
97-452, set out as a note under section 3331 of this title.
title.
31 USC SUBCHAPTER II -- GENERAL AUTHORITY
TITLE 31 -- MONEY AND FINANCE
31 USC 5111. Minting and issuing coins, medals, and numismatic items
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury --
(1) shall mint and issue coins described in section 5112 of this
title in amounts the Secretary decides are necessary to meet the needs
of the United States;
(2) may prepare national medal dies and strike national and other
medals if it does not interfere with regular minting operations but may
not prepare private medal dies;
(3) may prepare and distribute numismatic items; and
(4) may mint coins for a foreign country if the minting does not
interfere with regular minting operations, and shall prescribe a charge
for minting the foreign coins equal to the cost of the minting
(including labor, materials, and the use of machinery).
(b) The Department of the Treasury has a coinage metal fund and a
coinage profit fund. The Secretary may use the coinage metal fund to
buy metal to mint coins. The Secretary shall credit the coinage profit
fund with the amount by which the nominal value of the coins minted from
the metal exceeds the cost of the metal. The Secretary shall charge the
coinage profit fund with waste incurred in minting coins and the cost of
distributing the coins. The Secretary shall deposit in the Treasury as
miscellaneous receipts excess amounts in the coinage profit fund.
(c) Procurements Relating to Coin Production. --
(1) In general. -- The Secretary may make contracts, on conditions
the Secretary decides are appropriate and are in the public interest, to
acquire articles, materials, supplies, and services (including
equipment, manufacturing facilities, patents, patent rights, technical
knowledge, and assistance) necessary to produce the coins referred to in
this title.
(2) Domestic control of coinage. -- (A) Subject to subparagraph (B),
in order to protect the national security through domestic control of
the coinage process, the Secretary shall acquire only such articles,
materials, supplies, and services (including equipment, manufacturing
facilities, patents, patent rights, technical knowledge, and assistance)
for the production of coins as have been produced or manufactured in the
United States unless the Secretary determines it to be inconsistent with
the public interest, or the cost to be unreasonable, and publishes in
the Federal Register a written finding stating the basis for the
determination.
(B) Subparagraph (A) shall apply only in the case of a bid or offer
from a supplier the principal place of business of which is in a foreign
country which does not accord to United States companies the same
competitive opportunities for procurements in connection with the
production of coins as it accords to domestic companies.
(3) Determination. --
(A) In general. -- Any determination of the Secretary referred to in
paragraph (2) shall not be reviewable in any administrative proceeding
or court of the United States.
(B) Other rights unaffected. -- This paragraph does not alter or
annul any right of review that arises under any provision of any law or
regulation of the United States other than paragraph (2).
(4) Nothing in paragraph (2) of this subsection in any way affects
the procurement by the Secretary of gold and silver for the production
of coins by the United States Mint.
(d)(1) The Secretary may prohibit or limit the exportation, melting,
or treatment of United States coins when the Secretary decides the
prohibition or limitation is necessary to protect the coinage of the
United States.
(2) A person knowingly violating an order or license issued or
regulation prescribed under paragraph (1) of this subsection, shall be
fined not more than $10,000, imprisoned not more than 5 years, or both.
(3) Coins exported, melted, or treated in violation of an order or
license issued or regulation prescribed, and metal resulting from the
melting or treatment, shall be forfeited to the United States
Government. The powers of the Secretary and the remedies available to
enforce forfeitures are those provided in part II of subchapter C of
chapter 75 of the Internal Revenue Code of 1954 (26 U.S.C. 7321 et
seq.).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 100-274, 3,
Mar. 31, 1988, 102 Stat. 49.)
In subsection (a)(1), the words ''coins described in'' are
substituted for ''coins of the denominations set forth in'' in 31:391(
a) because of the restatement. The text of 31:253, 272, and 345(1st
sentence) is omitted as superseded by the source provisions restated in
section 321(c) of the revised title. The text of 31:275, 322, 342,
345(last sentence), and 353 is omitted as unnecessary because of the
restatement.
In subsection (a)(2), the words ''Secretary of the Treasury'' are
substituted for ''engraver'' and ''superintendent of coining department
of the mint at Philadelphia'' because of the source provisions restated
in section 321(c) of the revised title. The words ''under such
regulations as the superintendent, with the approval of the Director of
the Mint, may prescribe'' are omitted as unnecessary because of section
321(b) of the revised title. The words ''national medal dies'' are
substituted for ''Dies of a national character'' for clarity. The words
''or the machinery or apparatus thereof be used for that purpose'' are
omitted as unnecessary because of the restatement.
In subsection (a)(3), the words ''numismatic items'' are retained and
used throughout the revised title to apply to medals, proof coins,
uncirculated coins, numismatic accessories, and other numismatic items
to eliminate unnecessary words and for consistency. The words ''In
connection with the operations of the Bureau of the Mint'' are omitted
as unnecessary because of the restatement. The text of 31:324h(last
sentence) is omitted as unnecessary because of the source provisions
restated in section 5132(a) of the revised title.
In subsection (a)(4), the words ''may mint'' are substituted for ''It
shall be lawful for coinage to be executed'' in 31:367, and the words
''regular minting operations'' are substituted for ''required coinage of
the United States'', for consistency in the revised section. The words
''at the mints of the United States'' and ''according to the legally
prescribed standards and devices of such country'' are omitted as
unnecessary because of the restatement. The words ''The Secretary of
the Treasury . . . shall prescribe a charge'' are substituted for ''the
charge . . . to be fixed by the Director of the Mint, with the approval
of the Secretary of the Treasury'' because of the source provisions
restated in section 321(c) of the revised title. The words ''minting
the foreign coins'' are substituted for ''the same'', for clarity. The
words ''under such regulations as the Secretary of the Treasury may
prescribe'' are omitted as unnecessary because of section 321(b) of the
revised title.
In subsection (b), the first sentence is added for clarity and
because of the restatement. The words ''amount by which the nominal
value of the coins minted from the metal exceeds the cost of the metal''
are substituted for ''gain arising from the coinage of metals purchased
out of such fund into coin of a nominal value exceeding the cost of such
metals'' to eliminate unnecessary words. The words ''The Secretary
shall deposit in the Treasury as miscellaneous receipts excess amounts
in the coinage profit fund'' are substituted for ''such sums as shall
from time to time be transferred therefrom to the general fund of the
Treasury'' for clarity and for consistency in the revised title.
In subsection (c), the words ''metallic strip'' are omitted as being
included in ''materials'', and the word ''terms'' is omitted as being
included in ''conditions''.
In subsection (d)(1), the words ''prohibit or limit'' are substituted
for ''prohibit, curtail, or regulate'' because of the restatement and to
eliminate unnecessary words. The words ''prohibition or limitation''
are substituted for ''such action'' because of the restatement. The
words ''under such rules and regulations as he may prescribe'' are
omitted as unnecessary because of section 321(b) of the revised title.
In subsection (d)(2), the word ''person'' is substituted for
''Whoever'' for consistency in the revised title.
In subsection (d)(3), the words ''and his delegates'' are omitted as
unnecessary because of the power of the Secretary to delegate under
section 321(b) of the revised title. The word ''remedies'' is
substituted for ''judicial and other remedies available to the United
States'' to eliminate unnecessary words. The words ''of property
subject to forfeiture pursuant to subsection (a) of this section'' and
''for the enforcement of forfeitures of property subject to forfeiture
under any provision of title 26'' are omitted as unnecessary because of
the restatement.
1988 -- Subsec. (c). Pub. L. 100-274 inserted heading and amended
subsec. (c) generally. Prior to amendment, subsec. (c) read as
follows: ''The Secretary may make contracts on conditions the Secretary
decides are appropriate and in the public interest to acquire equipment,
manufacturing facilities, patents, patent rights, technical knowledge
and assistance, and materials necessary to produce rapidly an adequate
supply of coins referred to in section 5112(a)(1)-(4) of this title.''
Pub. L. 102-33, Apr. 23, 1991, 105 Stat. 177, authorized the
President to present, on behalf of Congress, a gold medal to General
Colin L. Powell in recognition of his exemplary performance as a
military leader and adviser to the President in planning and
coordinating the military response of the United States to the Iraqi
invasion of Kuwait and the ultimate retreat and defeat of Iraqi forces
and Iraqi acceptance of all United Nations Resolutions relating to
Kuwait, required the Secretary of the Treasury to strike a gold medal
with suitable emblems, devices, and inscriptions, provided that the
Secretary could have bronze duplicates of the medals coined and sold as
prescribed by regulation, provided that the gold and bronze medals are
national medals for purposes of chapter 51 of this title, authorized
appropriations, and provided for disposition of proceeds of sales.
Pub. L. 102-32, Apr. 23, 1991, 105 Stat. 175, authorized the
President to present, on behalf of Congress, a gold medal to General H.
Norman Schwarzkopf in recognition of his exemplary performance as a
military leader in coordinating the planning, strategy, and execution of
the United States combat action and his invaluable contributions to the
United States and to the liberation of Kuwait as Commander-in-Chief,
United States Central Command, required the Secretary of the Treasury to
strike a gold medal with suitable emblems, devices, and inscriptions,
provided that the Secretary could have bronze duplicates of the medals
coined and sold as prescribed by regulation, provided that the gold and
bronze medals are national medals for purposes of chapter 51 of this
title, authorized appropriations, and provided for disposition of
proceeds of sales.
Pub. L. 101-510, div. A, title XIV, 1491, Nov. 5, 1990, 104 Stat.
1720, authorized the President to present, on behalf of Congress, to
General Matthew B. Ridgway, a gold medal in recognition of his
distinguished service to the Nation, required the Secretary of the
Treasury to strike the gold medal with suitable emblems, devices, and
inscriptions, and authorized the Secretary to have bronze duplicates of
the gold medal coined and sold as prescribed by regulation.
Pub. L. 101-510, div. A, title XIV, 1492, Nov. 5, 1990, 104 Stat.
1721, authorized the Speaker of the House and the President pro tempore
of the Senate to jointly present, on behalf of Congress, to eligible
persons who were members of the Armed Forces of the United States, who
were present in Hawaii on Dec. 7, 1941, and who participated in combat
operations that day against Japanese military forces attacking Hawaii,
bronze medals commemorating the service of those persons to the United
States, provided that medals could be accepted by next-of-kin of
eligible persons killed in action during that attack or who have since
died, and required the Secretary of the Treasury to strike the medals
with suitable emblems, devices, and inscriptions.
Pub. L. 101-510, div. A, title XIV, 1493, Nov. 5, 1990, 104 Stat.
1722, required the Secretary of the Treasury to issue medals
commemorating the centennial of Yosemite National Park, and provided for
specification, design, pricing, and sale of medals, payment of
surcharges from sales to a permanent endowment fund for the benefit of
Yosemite National Park, and audits by the Comptroller General.
Pub. L. 101-510, div. A, title XIV, 1494, Nov. 5, 1990, 104 Stat.
1722, provided that: ''The medals authorized by sections 1491, 1492,
and 1493 (Pub. L. 101-510, set out as notes above) are national medals
for purposes of chapter 51 of title 31, United States Code.''
Pub. L. 101-296, May 17, 1990, 104 Stat. 197, authorized the
President to present, on behalf of Congress, a gold medal to Laurance
Spelman Rockefeller in recognition of his leadership on behalf of
natural resource conservation and historic preservation, required the
Secretary of the Treasury to strike a gold medal with suitable emblems,
devices, and inscriptions for purposes of presentation by the President,
provided that the Secretary could have bronze duplicates of the medal
coined and sold as prescribed by regulation, and provided that the gold
and bronze medals are national medals for purposes of chapter 51 of this
title.
Pub. L. 101-260, Mar. 30, 1990, 104 Stat. 122, known as the
''United States Coast Guard Bicentennial Medal Act'', directed the
Secretary of the Treasury to design, strike, and sell a medal in
commemoration of the bicentennial of the United States Coast Guard in
1990, provided that the medals be sold at a price sufficient to cover
the cost of such medals including labor, materials, dies, use of
machinery and overhead expenses, directed that the design of the medal
be selected by the Secretary of the Treasury after consultation with the
Secretary of Transportation and the Commission of Fine Arts, and
provided that the medals are national medals for purposes of chapter 51
of this title.
Pub. L. 100-639, Nov. 9, 1988, 102 Stat. 3331, authorized the
President to present, on behalf of Congress, a gold medal to Andrew
Wyeth in recognition of his outstanding and invaluable contributions to
American art and culture, required the Secretary of the Treasury to
strike a gold medal with suitable emblems, devices, and inscriptions for
purposes of presentation by the President, provided that the Secretary
could have bronze duplicates of the medals coined and sold as prescribed
by regulation, and provided that the gold and bronze medals are national
medals for purposes of chapter 51 of this title.
Pub. L. 100-437, 1-3, Sept. 20, 1988, 102 Stat. 1717, authorized
the President to present, on behalf of Congress, to Mrs. Jesse Owens a
gold medal in recognition of the late Jesse Owens' athletic achievements
and humanitarian contributions to public service, civil rights, and
international goodwill, required the Secretary of the Treasury to strike
a gold medal with suitable emblems, devices, and inscriptions for
purposes of presentation by the President, provided that the Secretary
could have bronze duplicates of the medal coined and sold as prescribed
by regulation, and provided that the gold and bronze medals were
national medals for purposes of chapter 51 of this title.
Pub. L. 100-210, 1, 2, Dec. 24, 1987, 101 Stat. 1441, authorized
the President to present a gold medal to Mary Lasker in recognition of
her humanitarian contributions to medical research and education, urban
beautification, and the fine arts, required the Secretary of the
Treasury to coin a gold medal with suitable emblems, devices, and
inscriptions for purposes of presentation by the President, provided
that the Secretary could have bronze duplicates of the medal coined and
sold as prescribed by regulation, and provided that the gold and bronze
medals were national medals for purposes of chapter 51 of this title.
Pub. L. 99-418, Sept. 23, 1986, 100 Stat. 952, authorized the
President to present a gold medal to Aaron Copland in recognition of his
contributions to American musical composition, required the Secretary of
the Treasury to coin a gold medal with suitable emblems, devices, and
inscriptions for purposes of presentation by the President, provided
that the Secretary could have bronze duplicates of the medal coined and
sold as prescribed by regulation, and provided that the gold and bronze
medals were national medals for purposes of 31 U.S.C. 5111.
Pub. L. 99-311, May 20, 1986, 100 Stat. 464, authorized the
President to present a gold medal to the family of Harry Chapin in
recognition of his efforts to address issues of world hunger, required
the Secretary of the Treasury to strike a gold medal with suitable
emblems, devices, and inscriptions for purposes of presentation by the
President, provided that the Secretary could have bronze duplicates of
the medal coined and sold as prescribed by regulation, and provided that
the gold and bronze medals were national medals for purposes of 31
U.S.C. 5111.
Pub. L. 99-298, May 13, 1986, 100 Stat. 432, requested the President
to present Congressional gold medals to Natan (Anatoly) and Avital
Shcharansky in recognition of their dedication and commitment to
individual human rights and freedoms, required the Secretary of the
Treasury to strike two gold medals with suitable emblems, devices, and
inscriptions for purposes of presentation by the President, provided
that the Secretary could have bronze duplicates of the medals coined and
sold as prescribed by regulation, and provided that the gold and bronze
medals be considered to be national medals for purposes of 31 U. S.C.
5111.
Pub. L. 99-295, May 12, 1986, 100 Stat. 427, as amended by Pub. L.
100-210, 3, Dec. 24, 1987, 101 Stat. 1441; Pub. L. 100-437, 4, Sept.
20, 1988, 102 Stat. 1717, known as the ''Young Astronaut Program Medal
Act'', directed the Secretary of the Treasury to prepare 750,000 gold,
silver, and bronze medals, at 10 percent above cost, for disposition at
a premium by the Young Astronaut Council, provided that the medals are
national medals for purposes of chapter 51 of this title, empowered the
Comptroller General of the United States to examine all records of the
Young Astronaut Council related to the medals, and prohibited the
Secretary of the Treasury from striking medals after Dec. 31, 1989.
Pub. L. 95-630, title IV, 401-407, Nov. 10, 1978, 92 Stat. 3679,
3680, required the Secretary of the Treasury, during each of the first
five calendar years beginning after Nov. 10, 1978, to strike and sell
to the general public gold medallions, aggregating not less than one
million troy ounces of fine gold and commemorating outstanding
individuals in the American arts, provided for the size, content, design
and inscriptions of the medallions, provided that the medallions were
deemed to be a coin of a denomination of higher than 5 cents for the
purposes of section 485 of Title 18, Crimes and Criminal Procedure, and
provided for the pricing and sale of the medallions by the Secretary and
Administrator of General Services.
31 USC 5112. Denominations, specifications, and design of coins
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury may mint and issue only the
following coins:
(1) a dollar coin that is 1.043 inches in diameter and weighs 8.1
grams.
(2) a half dollar coin that is 1.205 inches in diameter and weighs
11.34 grams.
(3) a quarter dollar coin that is 0.955 inch in diameter and weighs
5.67 grams.
(4) a dime coin that is 0.705 inch in diameter and weighs 2.268
grams.
(5) a 5-cent coin that is 0.835 inch in diameter and weighs 5 grams.
(6) except as provided under subsection (c) of this section, a
one-cent coin that is 0.75 inch in diameter and weighs 3.11 grams.
(7) A fifty dollar gold coin that is 32.7 millimeters in diameter,
weighs 33.931 grams, and contains one troy ounce of fine gold.
(8) A twenty-five dollar gold coin that is 27.0 millimeters in
diameter, weighs 16.966 grams, and contains one-half troy ounce of fine
gold.
(9) A ten dollar gold coin that is 22.0 millimeters in diameter,
weighs 8.483 grams, and contains one-fourth troy ounce of fine gold.
(10) A five dollar gold coin that is 16.5 millimeters in diameter,
weighs 3.393 grams, and contains one-tenth troy ounce of fine gold.
(b) The dollar, half dollar, quarter dollar, and dime coins are clad
coins with 3 layers of metal. The 2 identical outer layers are an alloy
of 75 percent copper and 25 percent nickel. The inner layer is copper.
The outer layers are metallurgically bonded to the inner layer and weigh
at least 30 percent of the weight of the coin. The 5-cent coin is an
alloy of 75 percent copper and 25 percent nickel. In minting 5-cent
coins, the Secretary shall use bars that vary not more than 2.5 percent
from the percent of nickel required. Except as provided under
subsection (c) of this section, the one-cent coin is an alloy of 95
percent copper and 5 percent zinc. In minting gold coins, the Secretary
shall use alloys that vary not more than 0.1 percent from the percent of
gold required. The specifications for alloys are by weight.
(c) The Secretary may prescribe the weight and the composition of
copper and zinc in the alloy of the one-cent coin that the Secretary
decides are appropriate when the Secretary decides that a different
weight and alloy of copper and zinc are necessary to ensure an adequate
supply of one-cent coins to meet the needs of the United States.
(d)(1) United States coins have the inscription ''In God We Trust''.
The obverse side of each coin has the inscription ''Liberty''. The
reverse side of each coin has the inscriptions ''United States of
America'' and ''E Pluribus Unum'' and a designation of the value of the
coin. The design on the reverse side of the dollar, half dollar, and
quarter dollar is an eagle. The eagle on the reverse side of the dollar
is the symbolic eagle of Apollo 11 landing on the moon. The obverse
side of the dollar has the likeness of Susan B. Anthony. The coins have
an inscription of the year of minting or issuance. However, to prevent
or alleviate a shortage of a denomination, the Secretary may inscribe
coins of the denomination with the year that was last inscribed on coins
of the denomination.
(2) The Secretary shall prepare the devices, models, hubs, and dies
for coins, emblems, devices, inscriptions, and designs authorized under
this chapter. The Secretary may adopt and prepare new designs or models
of emblems or devices that are authorized in the same way as when new
coins or devices are authorized. The Secretary may change the design or
die of a coin only once within 25 years of the first adoption of the
design, model, hub, or die for that coin. The Secretary may procure
services under section 3109 of title 5 in carrying out this paragraph.
(e) Notwithstanding any other provision of law, the Secretary shall
mint and issue, in quantities sufficient to meet public demand, coins
which --
(1) are 40.6 millimeters in diameter and weigh 31.103 grams;
(2) contain .999 fine silver;
(3) have a design --
(A) symbolic of Liberty on the obverse side; and
(B) of an eagle on the reverse side;
(4) have inscriptions of the year of minting or issuance, and the
words ''Liberty'', ''In God We Trust'', ''United States of America'',
''1 Oz. Fine Silver'', ''E Pluribus Unum'', and ''One Dollar''; and
(5) have reeded edges.
(f) Silver Coins. --
(1) Sale price. -- The Secretary shall sell the coins minted under
subsection (e) to the public at a price equal to the market value of the
bullion at the time of sale, plus the cost of minting, marketing, and
distributing such coins (including labor, materials, dies, use of
machinery, and promotional and overhead expenses).
(2) Bulk sales. -- The Secretary shall make bulk sales of the coins
minted under subsection (e) at a reasonable discount.
(3) Numismatic items. -- For purposes of section 5132(a)(1) of this
title, all coins minted under subsection (e) shall be considered to be
numismatic items.
(g) For purposes of section 5132(a)(1) of this title, all coins
minted under subsection (e) of this section shall be considered to be
numismatic items.
(h) The coins issued under this title shall be legal tender as
provided in section 5103 of title 31, United States Code. /1/
(i)(1) Notwithstanding section 5111(a)(1) of this title, the
Secretary shall mint and issue the gold coins described in paragraphs
(7), (8), (9), and (10) of subsection (a) of this section, in quantities
sufficient to meet public demand, and such gold coins shall --
(A) have a design determined by the Secretary, except that the fifty
dollar gold coin shall have --
(i) on the obverse side, a design symbolic of Liberty; and
(ii) on the reverse side, a design representing a family of eagles,
with the male carrying an olive branch and flying above a nest
containing a female eagle and hatchlings;
(B) have inscriptions of the denomination, the weight of the fine
gold content, the year of minting or issuance, and the words
''Liberty'', ''In God We Trust'', ''United States of America'', and ''E
Pluribus Unum''; and
(C) have reeded edges.
(2)(A) The Secretary shall sell the coins minted under this
subsection to the public at a price equal to the market value of the
bullion at the time of sale, plus the cost of minting, marketing, and
distributing such coins (including labor, materials, dies, use of
machinery, and promotional and overhead expenses).
(B) The Secretary shall make bulk sales of the coins minted under
this subsection at a reasonable discount.
(3) For purposes of section 5132(a)(1) of this title, all coins
minted under this subsection shall be considered to be numismatic items.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 981; Pub. L. 97-452, 1(
20), Jan. 12, 1983, 96 Stat. 2477; Pub. L. 99-61, title II, 202, July
9, 1985, 99 Stat. 115; Pub. L. 99-185, 2(a), (b), Dec. 17, 1985, 99
Stat. 1177; Pub. L. 100-274, 4(a), 6, Mar. 31, 1988, 102 Stat. 50.)
In subsection (a), the words before clause (1) are added because of
the restatement. In clause (5), the words ''that is 0.835 inch in
diameter'' are added because the Secretary of the Treasury has
prescribed the diameter and the diameter of a coin may not be changed
under 31:276. The words ''5 grams'' are substituted for ''seventy-seven
and sixteen-hundredths grains troy'' for consistency in the revised
chapter. In clause (6), the words ''that is 0.75 inch in diameter'' are
added because the Secretary has prescribed the diameter and the diameter
of a coin may not be changed under 31:276. The words ''except as
provided under subsection (c) of this section'' are added for clarity
and because of the restatement. The words ''3.11 grams'' are
substituted for ''forty-eight grains'' for consistency in the revised
chapter.
In subsection (b), the words ''In minting 5-cent coins'' are
substituted for ''in minor-coinage alloys'' in 31:346 because 5-cent
coins are the minor coins composed of nickel. The words ''Secretary
shall use'' are substituted for ''shall be used'' because of the source
provisions restated in section 321 of the revised title. The word
''bars'' is substituted for ''ingots'' for consistency in the revised
chapter. The words ''2.5 percent'' are substituted for ''twenty-five
thousandths'' for consistency in the revised title and with other titles
of the United States Code. The words ''from the percent of nickel
required'' are substituted for ''the legal standard . . . in the
proportion of nickel'' because of the restatement. The words ''In
silver ingots, six-thousandths'' are omitted as superseded by the source
provisions restated in the section. The words ''In gold ingots,
one-thousandth'' in section 3533 of the Revised Statutes are omitted
because gold coinage was discontinued by 31:315b. The words ''Except as
provided in subsection (c) of this section'' are added for clarity and
because of the restatement.
In subsection (c), the words ''a different weight and alloy of copper
and zinc'' are substituted for ''such action'' for clarity.
In subsection (d)(1), the words ''an impression emblematic of
liberty'' in 31:324 are omitted as obsolete. The words ''The design on
the reverse side of the dollar, half dollar, and quarter dollar is an
eagle'' are substituted for ''and upon the reverse side shall be the
figure or representation of an eagle . . . but on the dime, 5-, and
1-cent piece, the figure of the eagle shall be omitted'', and the words
''The emblem on the obverse side of the dollar is'' are substituted for
''The one-dollar coin authorized by section 391(c) of this title shall
bear on the obverse side'' in 31:324b-1, to eliminate unnecessary words.
The words ''Any coins minted after July 23, 1965, from 900 fine coin
silver shall be inscribed with the year 1964'' in 31:324 are omitted
because the Secretary no longer has authority to mint coins from 900
fine coin silver.
In subsection (d)(2), the word ''Secretary'' is substituted for
''engraver'', ''Director of the Mint'', and ''Director of the Mint . .
. with the approval of the Secretary of the Treasury'' because of the
source provisions restated in section 321(c) of the revised title. The
word ''dies'' is substituted for ''from the original dies already
authorized all the working dies required for use in the coinage of the
several mints'' and ''original dies'' to eliminate unnecessary words.
The word ''inscription'' is substituted for ''legend'' for consistency
in the section. The words ''Provided, That no change be made in the
diameter of any coin'' are omitted as unnecessary because the diameters
are prescribed by subsection (a) of the revised section. The words
''procure services under section 3109 of title 5 in carrying out this
paragraph'' are substituted for ''engage temporarily for this purpose
the services of one or more artists, distinguished in their respective
departments of art'' to eliminate unnecessary words. The words ''who
shall be paid for such service from the contingent appropriation for the
mint at Philadelphia'' are omitted as obsolete. The text of section
3510(2d proviso) of the Revised Statutes is omitted as executed.
In subsection (e)(2), the words ''80 percent'' are substituted for
''eight hundred parts'' in 31:391(d), and the words ''20 percent'' are
substituted for ''two hundred parts'', for consistency in the revised
title and with other titles of the Code. The words ''that are
metallurgically bonded to'' are added for clarity and consistency with
subsection (b). In clause (4), the words ''the late President of the
United States'' in 31:324b are omitted as unnecessary. Clause (6) is
added because 31:324 applies to coins minted under this subsection.
In subsection (f)(1), before clause (A), the words ''Notwithstanding
this section and section 5111(a)(1) of this title are substituted for
''Notwithstanding any other provision of law'' in 31:399 for clarity.
In clause (B), the words ''are an alloy of 90 percent silver and 10
percent copper'' are substituted for ''be minted in accordance with the
standard established in section 3514 of the Revised Statutes (31 U.S.C.
321)'' and 31:321 to eliminate unnecessary words and for clarity. In
clause (C), the word ''symbolizing'' is substituted for ''emblematic''
for clarity.
In subsection (f)(2), the words ''under such regulations as he may
prescribe'' are omitted as unnecessary because of section 321 of the
revised title. The word ''Treasury'' is substituted for ''general fund
of the Treasury'' to eliminate unnecessary words.
The text of 31:399(b)(3) is omitted as unnecessary because of section
5103 of the revised title.
This amends 31:5112(f)(1) to make technical and conforming changes.
1988 -- Subsec. (b). Pub. L. 100-274, 4(a), inserted before last
sentence ''In minting gold coins, the Secretary shall use alloys that
vary not more than 0.1 percent from the percent of gold required.''
Subsec. (f). Pub. L. 100-274, 6, inserted heading and amended subsec.
(f) generally. Prior to amendment, subsec. (f) read as follows:
''The Secretary shall sell the coins minted under subsection (e) to the
public at a price equal to the market value of the bullion at the time
of sale, plus the cost of minting, marketing, and distributing such
coins (including labor, materials, dyes, use of machinery, and overhead
expenses).''
1985 -- Subsec. (a)(7) to (10). Pub. L. 99-185, 2(a), added pars.
(7) to (10).
Subsec. (e). Pub. L. 99-61 added subsec. (e). Former subsec. (e),
providing for the minting of 150,000,000 silver and copper alloy dollar
coins bearing the likeness of Dwight David Eisenhower, was struck out.
Subsec. (f). Pub. L. 99-61 added subsec. (f). Former subsec. (f),
providing for the minting of up to 10,000,000 silver and copper alloy
half-dollar coins symbolizing the 250th anniversary of the birth of
George Washington, was struck out.
Subsecs. (g), (h). Pub. L. 99-61 added subsecs. (g) and (h).
Subsec. (i). Pub. L. 99-185, 2(b), added subsec. (i).
1983 -- Subsec. (f)(1). Pub. L. 97-452, 1(20)(A), inserted a comma
after ''10,000,000)'' in introductory text.
Subsec. (f)(1)(C). Pub. L. 97-452, 1(20)(B), substituted ''250th''
for ''two hundred and fiftieth''.
Section 3 of Pub. L. 99-185 provided that: ''This Act (amending
sections 5112, 5116, 5118, and 5132 of this title and enacting
provisions set out as notes under this section) shall take effect on
October 1, 1985, except that no coins may be issued or sold under
section 5112(i) of title 31, United States Code, before October 1,
1986.''
Section 205 of title II of Pub. L. 99-61 provided that: ''This
title (amending sections 5112, 5116, and 5132 of this title and enacting
provisions set out as a note under this section) shall take effect on
October 1, 1985, except that no coins may be issued or sold under
subsection (e) of section 5112 of title 31, United States Code, before
September 1, 1986, or before the date on which all coins minted under
title I of this Act (set out as a note below) have been sold, whichever
is earlier.''
Section 1 of Pub. L. 99-185 provided that: ''This Act (amending
this section and sections 5116, 5118, and 5132 of this title and
enacting provisions set out as notes under this section) may be cited as
the 'Gold Bullion Coin Act of 1985'.''
Section 201 of title II of Pub. L. 99-61 provided that: ''This
title (amending this section and sections 5116 and 5132 of this title
and enacting provisions set out as a note under this section) may be
cited as the 'Liberty Coin Act'.''
Section 2(f) of Pub. L. 99-185 provided that: ''Notwithstanding any
other provision of law, an amount equal to the amount by which the
proceeds from the sale of the coins issued under section 5112(i) of
title 31, United States Code, exceed the sum of --
''(1) the cost of minting, marketing, and distributing such coins,
and
''(2) the value of gold certificates (not exceeding forty-two and
two-ninths dollars a fine troy ounce) retired from the use of gold
contained in such coins,
shall be deposited in the general fund of the Treasury and shall be
used for the sole purpose of reducing the national debt.''
Section 2(g) of Pub. L. 99-185 provided that: ''The Secretary shall
take all actions necessary to ensure that the issuance of the coins
minted under section 5112(i) of title 31, United States Code, shall
result in no net cost to the United States Government.''
Pub. L. 101-495, Oct. 31, 1990, 104 Stat. 1187, required Secretary
of the Treasury to issue not more than 1 million one dollar silver coins
commemorating the thirty-eighth anniversary of the ending of the Korean
War and provided for sources of bullion, design, issuance and sale of
coins, financial assurances, use of surcharges, audit by Comptroller
General, waiver of procurement regulations, and coinage profit fund.
Pub. L. 101-406, Oct. 3, 1990, 104 Stat. 879, required Secretary of
the Treasury to issue not more than 500,000 five dollar gold coins, 4
million one dollar silver coins, and 6 million half dollar clad coins to
support the training of American athletes participating in the 1992
Olympic Games and provided for sources of bullion, specification,
design, issuance, and sale of coins, waiver of procurement regulations,
distribution of surcharges, audit by Comptroller General, coinage profit
fund, and financial assurances.
Pub. L. 101-404, Oct. 2, 1990, 104 Stat. 875, required Secretary of
the Treasury to issue not more than 1 million one dollar silver coins
commemorating the 50th anniversary of the United Services Organization
and provided for sources of bullion, design, issuance, and sale of
coins, financial assurances, use of surcharges, audit by Comptroller
General, report to Congress, waiver of procurement regulations, and
coinage profit fund.
Pub. L. 101-332, July 16, 1990, 104 Stat. 313, required Secretary of
the Treasury to issue not more than 500,000 five dollar gold coins, 2.5
million one dollar silver coins, and 2.5 million half dollar clad coins
commemorating the golden anniversary of the Mount Rushmore National
Memorial and provided for sources of bullion, specification, design,
issuance, and sale of coins, waiver of procurement regulations,
distribution of surcharges, audit by Comptroller General, coinage profit
fund, and financial assurances.
Pub. L. 100-673, Nov. 17, 1988, 102 Stat. 3992, as amended by Pub.
L. 101-302, title III, 312(c), May 25, 1990, 104 Stat. 245, required
Secretary of the Treasury to issue not more than one million five dollar
coins, three million one dollar coins, and four million half dollar
coins commemorating the bicentennial of the United States Congress, and
provided for specification and design and sale of coins, sources of
bullion therefor, financial assurances, use of surcharges,
inapplicability of other provisions governing procurement of goods and
services, and compliance with provisions relating to equal employment
opportunity.
Similar provisions were contained in Pub. L. 100-378, Aug. 1, 1988,
102 Stat. 887, and were repealed on enactment by section 11 of Pub. L.
100-378.
Pub. L. 101-36, June 9, 1989, 103 Stat. 69, authorized a first
strike ceremony at the United States Capitol for the Bicentennial of the
Congress Commemorative Coin.
Pub. L. 100-467, Oct. 3, 1988, 102 Stat. 2275, required Secretary
of the Treasury to issue not more than four million one dollar coins
commemorating the one hundredth anniversary of the birth of Dwight David
Eisenhower, and provided for specification, design and sale of coins,
sources of bullion therefor, financial assurances, use of revenue from
sales for reduction of national debt, inapplicability of other
provisions governing procurement of goods and services, and compliance
with provisions relating to equal employment opportunity.
Pub. L. 100-141, Oct. 28, 1987, 101 Stat. 832, required Secretary
of the Treasury to issue not more than one million five dollar coins and
ten million one dollar coins commemorating the 1988 Olympics and
provided for coin specifications, sources of bullion, design, sale, and
issuance of coins, waiver of procurement regulations, distribution of
surcharges, audit by the Comptroller General, establishment of a coinage
profit fund, and financial assurances.
Pub. L. 99-582, Oct. 29, 1986, 100 Stat. 3315, required Secretary
of the Treasury to issue not more than one million five dollar coins and
ten million one dollar coins commemorating the bicentennial of the
United States Constitution, and provided for specification, design and
sale of coins, sources of bullion therefor, financial assurances, use of
revenue from sales for reduction of national debt, inapplicability of
other provisions governing procurement of goods and services, and
compliance with provisions relating to equal employment opportunity.
Pub. L. 99-61, title I, July 9, 1985, 99 Stat. 113, required
Secretary of the Treasury to issue not more than 500,000 five dollar
coins, ten million one dollar coins, and twenty-five million half dollar
coins commemorating the Statue of Liberty and Ellis Island, and provided
for coin specifications, sources of bullion, design of coins,
requirements for issuance, waiver of procurement regulations,
distribution of surcharges, audit by the Comptroller General,
establishment of a coinage profit fund, and financial assurances.
Pub. L. 97-220, July 22, 1982, 96 Stat. 222, required Secretary of
the Treasury to issue not more than fifty million one-dollar coins and
two million ten-dollar coins commemorating the 1984 summer Olympic games
and provided for national and international sales, distribution of
proceeds, establishment of a coinage profit fund, audits by the
Comptroller General, financial assurances, and reports to Congress.
The possession of gold coins and bullion was prohibited except under
Government license by Ex. Ord. No. 6260, eff. Aug. 28, 1933. That
prohibition was revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R.
1003, eff. Dec. 31, 1974. See notes set out under section 95a of Title
12, Banks and Banking.
/1/ So in original. Probably should be ''section 5103 of this
title.''
31 USC 5113. Tolerances and testing of coins
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury may prescribe reasonable
manufacturing tolerances for specifications in section 5112 of this
title (except for specifications that are limits) for the dollar, half
dollar, quarter dollar, and dime coins. The weight of the 5-cent coin
may vary not more than 0.194 gram. The weight of the one-cent coin may
vary not more than 0.13 gram. Any gold coin issued under section 5112 of
this title shall contain the full weight of gold stated on the coin.
(b) The Secretary shall keep a record of the kind, number, and weight
of each group of coins minted and test a number of the coins separately
to determine if the coins conform to the weight specified in section
5112(a) of this title. If the coins tested do not conform, the
Secretary --
(1) shall weigh each coin of the group separately and deface the
coins that do not conform and cast them into bars for reminting; or
(2) may remelt the group of coins.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 983; Pub. L. 100-274, 4(
b), Mar. 31, 1988, 102 Stat. 50.)
In subsection (a), the words ''for the dollar, half dollar, quarter
dollar, and dime coins'' are added because of the restatement. The words
''0.194 gram'' are substituted for ''three grains'', and the words
''0.13 gram'' are substituted for ''two grains'', for consistency in the
revised chapter.
In subsection (b), before clause (1), the words ''Secretary shall
keep a record of the kind, number, and weight of each group of coins
minted'' are substituted for 31:351(1st sentence) because of the source
provisions restated in section 321(c) of the revised title. In clause
(1), the words ''deface the coins that do not conform and cast them into
bars for reminting'' are substituted for ''shall be defaced and
delivered to the superintendent of melting and refining department as
standard bullion, to be again formed into ingots and recoined'' for
consistency in the revised chapter and to eliminate unnecessary words.
In clause (2), the words ''if more convenient'' are omitted as surplus.
1988 -- Subsec. (a). Pub. L. 100-274 inserted at end ''Any gold coin
issued under section 5112 of this title shall contain the full weight of
gold stated on the coin.''
31 USC 5114. Engraving and printing currency and security documents
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall engrave and print United
States currency and bonds of the United States Government and currency
and bonds of United States territories and possessions from intaglio
plates on plate printing presses the Secretary selects. However, other
security documents and checks may be printed by any process the
Secretary selects. Engraving and printing shall be carried out within
the Department of the Treasury if the Secretary decides the engraving
and printing can be carried out as cheaply, perfectly, and safely as
outside the Department.
(b) United States currency has the inscription ''In God We Trust'' in
a place the Secretary decides is appropriate. Only the portrait of a
deceased individual may appear on United States currency and securities.
The name of the individual shall be inscribed below the portrait.
(c) The Secretary may make a contract for a period of not more than 4
years to manufacture distinctive paper for United States currency and
securities. To promote competition among manufacturers of the
distinctive paper, the Secretary may split the award for the manufacture
of the paper between the 2 bidders with the lowest prices a pound. When
the Secretary decides that it is necessary to operate more than one mill
to manufacture distinctive paper, the Secretary may --
(1) employ individuals temporarily at rates of pay equivalent to the
rates of pay of regular employees; and
(2) charge the pay of the temporary employees to the appropriation
available for manufacturing distinctive paper.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 983.)
In subsection (a), the words ''The Secretary of the Treasury shall
engrave and print'' are substituted for ''The work of engraving and
printing . . . shall be performed at the Treasury Department'' in 31:
415 because of the source provisions restated in section 321(c) of the
revised title. The words ''United States currency and security
documents of the United States Government and currency and bonds of the
United States territories and possessions'' are substituted for ''the
backs and tints of all United States bonds, the backs and tints of all
United States paper money, and the backs and tints of bonds and paper
money issued by any of the insular possessions of the United States'' in
31:177 to eliminate unnecessary words and for clarity and consistency in
the revised title. The words ''other security documents and checks''
are substituted for ''checks'' because only currency and bonds must be
printed from intaglio plates. The text of 31:177(1st proviso) is
omitted as unnecessary because of the authority of the Secretary to
engrave and print restated in the subsection and the source provisions
restated in section 303 of the revised title. The text of 31:177(last
proviso) is omitted as executed. The text of the first and 2d provisos
in the 4th paragraph under the heading ''Engraving and Printing'' in
section 1 of the Act of August 24, 1912 (ch. 355, 37 Stat. 430), is
omitted as superseded by 31:177(1st proviso). The words after the
semicolon in the 2d paragraph under the heading ''Bureau of Engraving
and Printing'' of the Act of January 3, 1923 (ch. 22, 42 Stat. 1099),
are omitted as executed. The words ''if the Secretary decides the
engraving and printing can be carried out . . . as outside the
Department'' are substituted for ''provided it can be done there'' in
31:415 for clarity. The words ''The Secretary of the Treasury may
purchase and provide all the machinery and materials'' in 31:416 are
omitted as being superseded by section 5142 of the revised title. The
words ''and employ such persons and appoint such officers as are
necessary for the purpose of section 415 of this title'' are omitted as
unnecessary because of 5:3101. The text of section 3577( words before
the semicolon) of the Revised Statutes is omitted as superseded by
31:415.
In subsection (b), the words ''United States currency has the
inscription'' are substituted for ''the dies shall bear . . . the
inscription'' in 31:324a for clarity. The words ''At such time as new
dies for the printing of currency are adopted'' are omitted as executed.
The words ''and thereafter this inscription shall appear on all United
States currency and coins'' are omitted as unnecessary because of the
restatement of the source provisions in this subsection and section
5112(d) of the revised title. The words ''in connection with the
current program of the Treasury Department to increase the capacity of
presses utilized by the Bureau of Engraving and Printing'' in the Act of
July 11, 1955 (ch. 303, 69 Stat. 290), are omitted as unnecessary. The
words ''Only . . . of a deceased individual'' are substituted for ''No .
. . while the original of such portrait is living'' in 31:413 for
clarity. The words ''United States currency and obligations'' are
substituted for ''bonds, securities, notes, fractional or postal
currency of the United States'' for consistency in the revised title.
The words ''shall be placed upon any of the plates for bonds,
securities, notes, and silver certificates of the United States'' in
31:414 are omitted as unnecessary because of the restatement.
In subsection (c), before clause (1), the words ''subject to
applicable regulations under the Federal Property and Administrative
Services Act of 1949, as amended'' in 31:418 are omitted as unnecessary.
The words ''On and after August 11, 1951'' in 31:418a are omitted as
executed. The words ''received after advertisement'' are omitted as
unnecessary because of 41:252. The words ''the Secretary decides'' are
added for clarity. In clause (1), the words ''as may be necessary'' in
31:419 are omitted as surplus. In clause (2), the word ''pay'' is
substituted for ''compensation'' for consistency in the revised
subsection and with other titles of the United States Code.
Pub. L. 100-440, title VI, 617(a), Sept. 22, 1988, 102 Stat. 1755,
provided that: ''None of the funds made available by this or any other
Act with respect to any fiscal year may be used to make a contract for
the manufacture of distinctive paper for United States currency and
securities pursuant to section 5114 of title 31, United States Code,
with any corporation or other entity owned or controlled by persons not
citizens of the United States, or for the manufacture of such
distinctive paper outside of the United States or its possessions. This
subsection shall not apply if the Secretary of the Treasury determines
that no domestic manufacturer of distinctive paper for United States
currency or securities exists with which to make a contract and if the
Secretary of the Treasury publishes in the Federal Register a written
finding stating the basis for the determination.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 100-202, 101(m) (title VI, 622(a)), Dec. 22, 1987, 101 Stat.
1329-390, 1329-428.
31 USC 5115. United States currency notes
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury may issue United States currency
notes. The notes --
(1) are payable to bearer; and
(2) shall be in a form and in denominations of at least one dollar
that the Secretary prescribes.
(b) The amount of United States currency notes outstanding and in
circulation --
(1) may not be more than $300,000,000; and
(2) may not be held or used for a reserve.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 983.)
In the section, the words ''United States currency notes'' are
substituted for ''United States notes'' for clarity and consistency in
the revised title.
In subsection (a), the first sentence is added for clarity and
because of the restatement. The words ''shall not bear interest'' are
omitted because of the source provisions restated in section 5118 of the
revised title.
In subsection (b), before clause (1), the words ''in circulation''
are substituted for ''to be used as a part of the circulation medium''
to eliminate unnecessary words. In clause (1), the words ''the sum of''
are omitted as surplus. The words ''which said sum shall appear in each
monthly statement of the public debt'' are omitted because of the source
provisions restated in section 5118 of the revised title. In clause (2),
the words ''and no part thereof shall'' are omitted because of the
restatement. The text of section 3(less 2d sentence) of the Act of
January 14, 1875 (ch. 15, 18 Stat. 296), is omitted as executed.
31 USC 5116. Buying and selling gold and silver
TITLE 31 -- MONEY AND FINANCE
(a)(1) With the approval of the President, the Secretary of the
Treasury may --
(A) buy and sell gold in the way, in amounts, at rates, and on
conditions the Secretary considers most advantageous to the public
interest; and
(B) buy the gold with any direct obligations of the United States
Government or United States coins and currency authorized by law, or
with amounts in the Treasury not otherwise appropriated.
(2) Amounts received from the purchase of gold are an asset of the
general fund of the Treasury. Amounts received from the sale of gold
shall be deposited by the Secretary in the general fund of the Treasury
and shall be used for the sole purpose of reducing the national debt.
(3) The Secretary shall acquire gold for the coins issued under
section 5112(i) of this title by purchase of gold mined from natural
deposits in the United States, or in a territory or possession of the
United States, within one year after the month in which the ore from
which it is derived was mined. The Secretary shall pay not more than
the average world price for the gold. In the absence of available
supplies of such gold at the average world price, the Secretary may use
gold from reserves held by the United States to mint the coins issued
under section 5112(i) of this title. The Secretary shall issue such
regulations as may be necessary to carry out this paragraph.
(b)(1) The Secretary may buy silver mined from natural deposits in
the United States, or in a territory or possession of the United States,
that is brought to a United States mint or assay office within one year
after the month in which the ore from which it is derived was mined.
The Secretary may use the coinage metal fund under section 5111(b) of
this title to buy silver under this subsection.
(2) The Secretary may sell or use Government silver to mint coins,
except silver transferred to stockpiles established under the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). The
Secretary shall obtain the silver for the coins authorized under section
5112(e) of this title by purchase from stockpiles established under the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.). The Secretary shall sell silver under conditions the Secretary
considers appropriate for at least $1.292929292 a fine troy ounce.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 984; Pub. L. 99-61, title
II, 203, July 9, 1985, 99 Stat. 116; Pub. L. 99-185, 2(c), Dec. 17,
1985, 99 Stat. 1178; Pub. L. 100-274, 5, Mar. 31, 1988, 102 Stat. 50.)
In subsection (a)(1), the words ''With the approval of the
President'' are applied to 31:733(words after semicolon) because of 31:
822b. The words ''at home or abroad'' in 31:733(words after semicolon)
and 734 are omitted as surplus. The words ''terms and'' are omitted as
included in ''conditions''. The text of 31:733(proviso) is omitted as
superseded by the Bretton Woods Agreement Act (22 U.S.C. 286 et seq.)
and sections 6 and 9 of the Act of October 19, 1976 (Pub. L. 94-564, 90
Stat. 2661), repealing 31:449 that provided for parity of the dollar on
terms of gold and special drawing rights. The text of 31:734(1st
sentence words after semicolon) is omitted as surplus.
In subsection (b)(1), the words ''coinage metal fund'' are
substituted for ''bullion fund'' in 31:335 as being more precise and
because of section 5111 of the revised title. The words ''after July
23, 1965'' in 31:394 are omitted as executed. The words ''to procure
bullion for coinage'' and 31:335(2d-last sentences) are omitted as
obsolete because the Secretary of the Treasury has authority to mint
coins containing silver only under section 5112(e) of the revised title
and the Secretary holds sufficient silver to mint those coins. See Sen.
Rept. No. 91-1084 (1970).
In subsection (b)(2), the word ''terms'' is omitted as being included
in ''conditions''. The words ''for at least'' are substituted for ''at
a price not less than the monetary value of'' to eliminate unnecessary
words.
The Strategic and Critical Materials Stock Piling Act, referred to in
subsec. (b)(2), is act June 7, 1939, ch. 190, as revised generally by
Pub. L. 96-41, 2, July 30, 1979, 93 Stat. 319, which is classified
generally to subchapter III ( 98 et seq.) of chapter 5 of Title 50, War
and National Defense. For complete classification of this Act to the
Code, see section 98 of Title 50 and Tables.
1988 -- Subsec. (a)(2). Pub. L. 100-274 amended last sentence
generally, substituting ''shall be deposited by the Secretary in the
general fund of the Treasury and shall be used for the sole purpose of
reducing the national debt'' for ''shall be deposited in the general
fund of the Treasury''.
1985 -- Subsec. (a)(3). Pub. L. 99-185 added par. (3).
Subsec. (b)(1). Pub. L. 99-61, 203(1), (2), substituted ''The
Secretary may buy silver'' for ''The Secretary shall buy silver'', and
struck out provision directing that the Secretary pay $1.25 a fine troy
ounce for silver.
Subsec. (b)(2). Pub. L. 99-61, 203(3), inserted provision directing
that the Secretary obtain the silver for the coins authorized under
section 5112(e) of this title by purchase from stockpiles established
under the Strategic and Critical Materials Stock Piling Act.
Amendment by Pub. L. 99-185 effective Oct. 1, 1985, except that no
coins may be issued or sold under section 5112(i) of this title before
Oct. 1, 1986, see section 3 of Pub. L. 99-185, set out as a note under
section 5112 of this title.
Amendment by Pub. L. 99-61 effective Oct. 1, 1985, with exception
as to issuance or sale of coins under section 5112(e) of this title, see
section 205 of Pub. L. 99-61, set out as a note under section 5112 of
this title.
31 USC 5117. Transferring gold and gold certificates
TITLE 31 -- MONEY AND FINANCE
(a) All right, title, and interest, and every claim of the Board of
Governors of the Federal Reserve System, a Federal reserve bank, and a
Federal reserve agent, in and to gold is transferred to and vests in the
United States Government to be held in the Treasury. Payment for the
transferred gold is made by crediting equivalent amounts in dollars in
accounts established in the Treasury under the 15th paragraph of section
16 of the Federal Reserve Act (12 U.S.C. 467). Gold not in the
possession of the Government shall be held in custody for the Government
and delivered on the order of the Secretary of the Treasury. The Board
of Governors, Federal reserve banks, and Federal reserve agents shall
give instructions and take action necessary to ensure that the gold is
so held and delivered.
(b) The Secretary shall issue gold certificates against gold
transferred under subsection (a) of this section. The Secretary may
issue gold certificates against other gold held in the Treasury. The
Secretary may prescribe the form and denominations of the certificates.
The amount of outstanding certificates may be not more than the value
(for the purpose of issuing those certificates, of 42 and two-ninths
dollars a fine troy ounce) of the gold held against gold certificates.
The Secretary shall hold gold in the Treasury equal to the required
dollar amount as security for gold certificates issued after January 29,
1934.
(c) With the approval of the President, the Secretary may prescribe
regulations the Secretary considers necessary to carry out this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 984.)
In subsection (a), the words ''On January 30, 1934'' are omitted as
executed. The word ''gold'' is substituted for ''gold coin and gold
bullion'' for consistency and to omit unnecessary words. The word
''transferred'' is substituted for ''pass'' for consistency in the
subsection. The words ''to be held in the Treasury'' are added for
consistency with the source provisions restated in subsection (b) of the
revised section.
In subsection (b), the first sentence is substituted for 31:441(2d
sentence) for consistency. The word ''issued'' in 31:405b is omitted as
being included in ''outstanding''. The words ''of 42 and two-ninths
dollars a fine troy ounce)'' are substituted for ''at the legal standard
provided in section 449 of this title on October 19, 1976'' because that
was the legal standard in that section on that date. The text of 31:449
was repealed by section 6 of the Bretton Woods Agreements Act. The words
''The Secretary shall hold . . . in the Treasury . . . as security'' are
substituted for ''security . . . shall be maintained'' in 31:408a(last
proviso) because of the source provisions restated in section 321 of the
revised title. The words ''gold certificates issued after January 29,
1934'' are substituted for ''gold certificates (including the gold
certificates held in the Treasury for credits payable therein)'' for
clarity and because of section 5118(c)(1)(A) of the revised title.
In subsection (c), the word ''regulations'' is substituted for
''rules and regulations'', and the word ''necessary'' is substituted for
''necessary or proper'', to eliminate unnecessary words.
31 USC 5118. Gold clauses and consent to sue
TITLE 31 -- MONEY AND FINANCE
(a) In this section --
(1) ''gold clause'' means a provision in or related to an obligation
alleging to give the obligee a right to require payment in --
(A) gold;
(B) a particular United States coin or currency; or
(C) United States money measured in gold or a particular United
States coin or currency.
(2) ''public debt obligation'' means a domestic obligation issued or
guaranteed by the United States Government to repay money or interest.
(b) The United States Government may not pay out any gold coin. A
person lawfully holding United States coins and currency may present the
coins and currency to the Secretary of the Treasury for exchange (dollar
for dollar) for other United States coins and currency (other than gold
and silver coins) that may be lawfully held. The Secretary shall make
the exchange under regulations prescribed by the Secretary.
(c)(1) The Government withdraws its consent given to anyone to assert
against the Government, its agencies, or its officers, employees, or
agents, a claim --
(A) on a gold clause public debt obligation or interest on the
obligation;
(B) for United States coins or currency; or
(C) arising out of the surrender, requisition, seizure, or
acquisition of United States coins or currency, gold, or silver
involving the effect or validity of a change in the metallic content of
the dollar or in a regulation about the value of money.
(2) Paragraph (1) of this subsection does not apply to a proceeding
in which no claim is made for payment or credit in an amount greater
than the face or nominal value in dollars of public debt obligations or
United States coins or currency involved in the proceeding.
(3) Except when consent is not withdrawn under this subsection, an
amount appropriated for payment on public debt obligations and for
United States coins and currency may be expended only dollar for dollar.
(d)(1) In this subsection, ''obligation'' means any obligation
(except United States currency) payable in United States money.
(2) An obligation issued containing a gold clause or governed by a
gold clause is discharged on payment (dollar for dollar) in United
States coin or currency that is legal tender at the time of payment.
This paragraph does not apply to an obligation issued after October 27,
1977.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 985; Pub. L. 99-185, 2(
d), Dec. 17, 1985, 99 Stat. 1178.)
In subsection (a), before clause (1), the words ''the phrase'' are
omitted as surplus. In clause (1), the words ''declared to be against
public policy by section 463 of this title'' are omitted as surplus.
Clause (2) is substituted for 31:773d(words after semicolon) for
consistency in the revised title and to eliminate unnecessary words.
In subsection (b), the words ''after January 30, 1934'' in 31:315b
are omitted as executed. The words ''that may be lawfully held'' are
substituted for ''which may be lawfully acquired and are legal tender
for public and private debts'' in 31:773a for consistency in the
subsection and to eliminate unnecessary words. The words ''and that the
owners of the gold clause securities of the United States shall be, at
their election, entitled to receive immediate payment of the stated
dollar amount thereof with interest to the date of payment or to prior
maturity or to prior redemption date, whichever is earlier'' in section
1 of the Act of August 27, 1935 (ch. 780, 49 Stat. 938), are omitted as
expired. The words ''make the exchange'' are substituted for ''make
such exchanges and payments upon presentation hereunder'' to eliminate
unnecessary words. The words ''No gold shall after January 30, 1934, be
coined'' in 31:315b are omitted because of section 5112 of the revised
title. The text of 31:315b(proviso) is omitted as unnecessary because
of the restatement. The text of 31:315b(last sentence) is omitted as
executed.
In subsection (c)(1), before clause (A), the word ''Government'' is
substituted for ''United States'' for consistency in the revised title
and with other titles of the United States Code. The words ''to
anyone'' are added for clarity. The words ''whether by way of suit,
counterclaim, set-off, recoupment, or other affirmative action or
defense in its own name or in the name of'' are omitted as surplus. The
word ''employees'' is added for consistency in the revised title and
with other titles of the Code. The word ''instrumentalities'' is
omitted as unnecessary because of section 101 of the revised title. The
word ''claim'' is substituted for ''right, privilege, or power'' to
eliminate unnecessary words and for consistency in the revised title and
with other titles of the Code. The words ''in any proceeding of any
nature whatsoever'' are omitted as surplus. In clause (C), the words
''or demand'' are omitted as surplus.
In subsection (c)(2), the words ''any suit commenced prior to August
27, 1935, or which may be commenced by January 1, 1936'' are omitted as
executed. The words ''referred to in this section'' are omitted as
surplus.
In subsection (c)(3), the words ''may be expended'' are substituted
for ''an amount appropriated or authorized to be expended'' and ''shall
be available for or expended in'', and the words ''dollar for dollar''
are substituted for ''on an equal and uniform dollar for dollar basis'',
to eliminate unnecessary words.
In subsection (d)(1), the words ''including every obligation of and
to the United States'' are omitted as surplus. The text of 31:463(b)(
words after semicolon) is omitted as unnecessary because of the
restatement.
1985 -- Subsec.(b). Pub. L. 99-185 struck out ''or deliver'' after
''pay out'' and inserted ''(other than gold and silver coins)'' before
''that may be lawfully held''.
Amendment by Pub. L. 99-185 effective Oct. 1, 1985, except that no
coins may be issued or sold under section 5112(i) of this title before
Oct. 1, 1986, see section 3 of Pub. L. 99-185, set out as a note under
section 5112 of this title.
31 USC 5119. Redemption and cancellation of currency
TITLE 31 -- MONEY AND FINANCE
(a) Except to the extent authorized in regulations the Secretary of
the Treasury prescribes with the approval of the President, the
Secretary may not redeem United States currency (including Federal
reserve notes and circulating notes of Federal reserve banks and
national banks) in gold. However, the Secretary shall redeem gold
certificates owned by the Federal reserve banks at times and in amounts
the Secretary decides are necessary to maintain the equal purchasing
power of each kind of United States currency. When redemption in gold
is authorized, the redemption may be made only in gold bullion bearing
the stamp of a United States mint or assay office in an amount equal at
the time of redemption to the currency presented for redemption.
(b)(1) Except as provided in subsection (c)(1) of this section, the
following are public debts bearing no interest:
(A) gold certificates issued before January 30, 1934.
(B) silver certificates.
(C) notes issued under the Act of July 14, 1890 (ch. 708, 26 Stat.
289).
(D) Federal Reserve notes for which payment was made under section 4
of the Old Series Currency Adjustment Act.
(E) United States currency notes, including those issued under
section 1 of the Act of February 25, 1862 (ch. 33, 12 Stat. 345), the
Act of July 11, 1862 (ch. 142, 12 Stat. 532), the resolution of January
17, 1863 (P.R. 9; 12 Stat. 822), section 2 of the Act of March 3, 1863
(ch. 73, 12 Stat. 710), or section 5115 of this title.
(2) The Secretary shall redeem from the general fund of the Treasury
and cancel and destroy currency referred to in paragraph (1) of this
subsection when the currency is presented to the Secretary.
(c)(1) The Secretary may determine the amount of the following United
States currency that will not be presented for redemption because the
currency has been destroyed or irretrievably lost:
(A) circulating notes of Federal reserve banks and national banks
issued before July 1, 1929, for which the United States Government has
assumed liability.
(B) outstanding currency referred to in subsection (b)(1) of this
section.
(2) When the Secretary makes a determination under this subsection,
the Secretary shall reduce the amount of that currency outstanding by
the amount the Secretary determines will not be redeemed and credit the
appropriate receipt account.
(d) To provide a historical collection of United States currency, the
Secretary may withhold from cancellation and destruction and transfer to
a special account one piece of each design, issue, or series of each
denomination of each kind of currency (including circulating notes of
Federal reserve banks and national banks) after redemption. The
Secretary may make appropriate entries in Treasury accounts because of
the transfers.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 985.)
In subsection (a), the words ''Secretary may not redeem'' are
substituted for ''no . . . shall be redeemed'' in 31:408a(less last
proviso) because of the source provisions restated in section 321 of the
revised title. The words ''United States currency (including Federal
reserve notes and circulating notes of Federal reserve banks and
national banks)'' are substituted for ''currency of the United States''
and the text of 31:444(1st sentence words between 2d and 3d semicolons)
for consistency with section 5103 of this title and to eliminate
unnecessary words.
In subsection (b)(1), before clause (A), the words ''upon completion
of the transfers and credits authorized and directed by section 912 of
this title'' in 31:915 and ''and the amount of the payment credited as a
public debt receipt in accordance with such section'' are omitted as
executed. In clause (B), the text of 31:405a-3(last sentence) and 31:
915(a)(4) is consolidated. The text of 31:405a-3(1st sentence) is
omitted as executed. In clauses (C) and (E), the citations in
parentheses are included only for information purposes.
In subsection (b)(2), the words ''cancel and destroy'' are
substituted for ''retired'' in 31:914 for consistency in the revised
section. The words ''paragraph (1) of this subsection'' are substituted
for ''Any currency the funds for the redemption or security of which
have been transferred pursuant to the provisions of section 912 of this
title, and any Federal Reserve notes as to which payment has been made
under section 913 of this title'' because of the restatement. The words
''presented to the Secretary'' are substituted for ''presentation at the
Treasury'' because of the source provisions restated in section 321(c)
of the revised title. The text of 31:916 is omitted as unnecessary
because of the restatement. The text of 31:404 and 31:420 is omitted as
superseded by the source provisions restated in this subsection and
subsection (c). The words ''All acts and parts of acts in conflict
herewith are hereby repealed'' in the Act of May 31, 1878 (ch. 146, 20
Stat. 87), are omitted as executed.
In subsection (c)(2), the words ''When the Secretary makes a
determination under this subsection'' are added because of the
restatement. The words ''on the books of the Treasury'' are omitted as
surplus. The text of 31:405(e)(2)(1st sentence) is omitted as
superseded by the source provisions restated in subsection (b).
In subsection (d), the word ''paper'' is omitted as surplus. The
words ''(including circulating notes of Federal Reserve banks and
national banks)'' are substituted for ''including bank notes'' for
consistency in the section. The words ''heretofore or hereafter
issued'' are omitted as surplus.
Act of July 14, 1890, ch. 708, 26 Stat. 289, referred to in subsec.
(b)(1)(C), which was known as the Sherman Purchase of Silver Act of
July 14, 1890, was classified to sections 408, 410, 412, and 453 of
former Title 31, and sections 122 and 145 of Title 12, Banks and
Banking, and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96
Stat. 1069.
Section 4 of the Old Series Currency Adjustment Act, referred to in
subsec. (b)(1)(D), is section 4 of Pub. L. 87-66, June 30, 1961, 75
Stat. 146, which was classified to section 913 of former Title 31, and
was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1079.
Acts February 25, 1862, July 11, 1862, and March 3, 1863, and
resolution January 17, 1863, referred to in subsec. (b)(1)(E), are acts
Feb. 25, 1862, ch. 33, 12 Stat. 345, July 11, 1862, ch. 142, 12
Stat. 532, and Mar. 3, 1863, ch. 73, 12 Stat. 709, and resolution
Jan. 17, 1863, 12 Stat. 822, respectively, which are not classified to
the Code.
31 USC 5120. Obsolete, mutilated, and worn coins and currency
TITLE 31 -- MONEY AND FINANCE
(a)(1) The Secretary of the Treasury shall melt obsolete and worn
United States coins withdrawn from circulation. The Secretary may use
the metal from melting the coins for reminting or may sell the metal.
The Secretary shall account for the following in the coinage metal fund
under section 5111(b) of this title:
(A) obsolete and worn coins and the metal from melting the coins.
(B) proceeds from the sale of the metal.
(C) losses incurred in the sale of the metal.
(D) losses incurred because of the difference between the face value
of the coins melted and the coins minted from the metal.
(2) The Secretary shall reimburse the coinage metal fund for losses
under paragraph (1)(C) and (D) of this subsection out of amounts in the
coinage profit fund under section 5111(b) of this title.
(b) The Secretary shall --
(1) cancel and destroy (by a secure process) obsolete, mutilated, and
worn United States currency withdrawn from circulation; and
(2) dispose of the residue of the currency and notes.
(c) The Comptroller General shall audit the cancellation and
destruction of United States currency and the accounting of the
cancellation and destruction. Records the Comptroller General considers
necessary to make an effective audit easier shall be made available to
the Comptroller General.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 986.)
In subsection (a)(1), before clause (A), the word ''obsolete'' is
substituted for ''uncurrent'' as being more precise. The words
''withdrawn from circulation'' are substituted for ''received in the
Treasury'' for clarity. The words ''heretofore or hereafter issued''
are omitted as surplus. The words ''metal from melting the coins'' are
substituted for ''the resulting metal'' because of the restatement. The
word ''reminting'' is substituted for ''coinage'' for consistency in the
revised title. The word ''material'' is omitted as being included in
''metal''. The words ''The Secretary shall account'' are substituted
for ''shall be accounted for by entries'' because of the source
provisions restated in section 321 of the revised title. In clause (D),
the word ''face'' is substituted for ''nominal or face'' to eliminate
unnecessary words. The words ''coins minted from the metal'' are
substituted for ''the amount the same will produce in new coin'' for
clarity.
In subsection (a)(2), the words ''The Secretary shall reimburse'' are
substituted for ''fund shall be reimbursed'' because of the source
provisions restated in section 321 of the revised title. The text of
31:317c(proviso) is omitted as obsolete because the statutory limit on
the coinage metal fund was removed by the restatement of section 3528 of
the Revised Statutes by section 206(a) of the Coinage Act of 1965 (Pub.
L. 89-81, 79 Stat. 256).
In subsection (b), before clause (1), the words ''The Secretary
shall'' are substituted for ''shall be destroyed in such manner and
under such regulations as the Secretary of the Treasury may prescribe''
in 31:421 because of the source provisions restated in section 321 of
the revised title. In clause (1), the words ''cancel and destroy'' are
substituted for ''shall be destroyed'' to conform to subsection (c) and
section 5118(c) and (e) of the revised title. The words ''(by a secure
process)'' are substituted for ''may be destroyed by maceration instead
of burning to ashes'' in 31:422 to eliminate unnecessary words and
because of the source provisions restated in section 321 of the revised
title. The words ''obsolete, mutilated, and worn . . . withdrawn from
circulation'' are substituted for ''which by law are required to be
taken up, and not reissued, when taken up'' in 31:421 for consistency
with subsection (a) and 12:124. The words ''United States currency'' are
substituted for ''all other notes'' in 31:421 and ''All national bank
notes . . . and other obligations of the United States'' for consistency
in the revised title. The words ''Mutilated United States notes, when
replaced according to law'' are omitted as superseded by the source
provisions restated in section 5119(b) of the revised title. The text
of the 3d paragraph(words before the first semicolon and between the 2d
and last semicolons) under the heading ''National Currency'' in section
1 of the Act of June 23, 1874 (ch. 455, 18 Stat. 206), is omitted as
executed. In clause (2), the words ''dispose of the residue of the
currency and notes'' are substituted for ''The pulp from such macerated
issue shall be disposed of only under the direction of the Secretary of
the Treasury'' in 31:422 to eliminate unnecessary words and for
consistency in the revised title.
In subsection (c), the word ''currency'' is substituted for
''currency . . . unfit for circulation'' to eliminate unnecessary words.
The words ''regardless of who is responsible for, and regardless of who
performs, such cancellation, destruction, or accounting'' are omitted as
unnecessary because of the restatement. The word ''record'' is
substituted for ''books, documents, papers, and records'', and the words
''make . . . easier'' are substituted for ''facilitate'', for
consistency in the revised title and with other titles of the United
States Code.
31 USC 5121. Refining, assaying, and valuation of bullion
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall --
(1) melt and refine bullion;
(2) as required, assay coins, metal, and bullion;
(3) cast gold and silver bullion deposits into bars; and
(4) cast alloys into bars for minting coins.
(b) A person owning gold or silver bullion may deposit the bullion
with the Secretary to be cast into fine, standard fineness, or unrefined
bars weighing at least 5 troy ounces. When practicable, the Secretary
shall weigh the bullion in front of the depositor. The Secretary shall
give the depositor a receipt for the bullion stating the description and
weight of the bullion. When the Secretary has to melt the bullion or
remove base metals before the value of the bullion can be determined,
the weight is the weight after the melting or removal of the metals.
The Secretary may refuse a deposit of gold bullion if the deposit is
less than $100 in value or the bullion is so base that it is unsuitable
for the operations of the Bureau of the Mint.
(c) When the gold and silver are combined in bullion that is
deposited and either the gold or silver is so little that it cannot be
separated economically, the Secretary may not pay the depositor for the
gold or silver that cannot be separated.
(d)(1) Under conditions prescribed by the Secretary, a person may
exchange unrefined bullion for fine bars when --
(A) gold and silver are combined in the bullion in proportions that
cannot be economically refined; or
(B) necessary supplies of acids cannot be procured at reasonable
rates.
(2) The charge for refining in an exchange under this subsection may
be not more than the charge imposed in an exchange of unrefined bullion
for refined bullion.
(e) The Secretary shall prepare bars for payment of deposits. The
Secretary shall stamp each bar with a designation of the weight and
fineness of the bar and a symbol the Secretary considers suitable to
prevent fraudulent imitation of the bar.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 987.)
In the section, the word ''Secretary'' is substituted for
''superintendent'', ''superintendent of melting and refining
department'', ''assayer'', ''Director of the Mint'', and ''Director of
the Mint, with the approval of the Secretary of the Treasury'' because
of the source provisions restated in section 321(c) of the revised
title.
In subsection (a), clause (1) is added to provide a complete list of
the duties and powers of the Secretary and for consistency with section
5131 of the revised title. In clause (2), the words ''as required'' are
substituted for ''required by the operations of the Bureau of the Mint''
and ''whenever required by the superintendent'' in 31:277 to eliminate
unnecessary words. The text of 31:330 is omitted as superseded by the
source provisions restated in section 321(c) of the revised title. In
clause (3), the word ''bars'' is substituted for ''bars conformable in
all respects to the law'' in 31:274 to eliminate unnecessary words. In
clause (4), the word ''alloys'' is substituted for ''standard silver or
gold, and alloys for minor'' in 31:274, and the text of 31:343(last
sentence) is omitted, because coins issued by the Secretary under this
chapter are composed of alloys. The words ''minting coins'' are
substituted for ''coinage'' for consistency in the revised chapter. The
words ''suitable for the superintendent of coining department, from the
metals legally delivered to him for that purpose'' in 31:274 and the
text of 31:274(last sentence) and 31:343( 1st, 2d sentences) are omitted
as superseded by the source provisions restated in section 321(c) of the
revised title. The text of 31:344( last sentence) is omitted as
unnecessary because of the restatement of the source provisions in
sections 5112 and 5113 of the revised title.
In subsections (b) and (d), the word ''unrefined'' is substituted for
''unparted'' for consistency in the revised chapter.
In subsection (b), the words ''At the option of the owner'' and ''as
he may prefer'' in 31:325 and ''for his benefit'' in 31:327 are omitted
as unnecessary because of the restatement. The words ''weighing at
least'' are substituted for ''and no such bars shall be issued of a less
weight than'' in 31:325 to eliminate unnecessary words. The word
''troy'' is added for clarity. The words ''into coin'' in section 3519
of the Revised Statutes are omitted because the coinage of gold was
discontinued by 31:315b. The text of 31:329(last sentence) is omitted
because of the source provisions restated in section 321(c) of the
revised title. The words ''and no deposit of silver for other coinage
shall be received'' in 31:328(1st sentence) are omitted as unnecessary
because of the restatement.
In subsection (c), the word ''economically'' is substituted for
''advantageously'' in 31:327(last sentence) for consistency in the
section. The text of 31:328(last sentence) is omitted as unnecessary
because of the source provisions restated in section 5121(a) of the
revised title.
In subsection (d)(1), before clause (A), the words ''at any of the
mints'' in 31:360(1st sentence) are omitted as superseded by the source
provisions restated in section 321(c) of the revised title. The text of
31:360(2d sentence) is omitted as unnecessary because of the source
provisions restated in section 5121(a) of the revised title.
In subsection (d)(2), the words ''in an exchange under this
subsection'' are added for clarity. The word ''refining'' is
substituted for ''refining or parting'' for consistency in the revised
chapter.
In subsection (e), the word ''suitable'' is substituted for
''expedient'' in 31:325(words between 4th and last commas) for clarity.
The words ''but the fineness thereof shall be ascertained and'' in 31:
347 are omitted as unnecessary because of the source provisions restated
in section 5121(a) of the revised title.
The possession of gold coins and bullion was prohibited except under
Government license by Ex. Ord. No. 6260, eff. Aug. 28, 1933. That
prohibition was revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R.
1003, eff. Dec. 31, 1974. See notes set out under section 95a of Title
12, Banks and Banking.
31 USC 5122. Payment to depositors
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall determine the fineness,
weight, and value of each deposit and bar under section 5121 of this
title. The value and the amount of charges under subsection (b) of this
section shall be based on the fineness and weight of the bullion. The
Secretary shall give the depositor a statement of the charges and the
net amount of the deposit to be paid in money or bars of the same
species of bullion as that deposited.
(b) The Secretary shall impose a charge equal to the average cost of
material, labor, waste, and use of machinery of a United States mint or
assay office for --
(1) melting and refining bullion;
(2) using copper as an alloy when bullion deposited is above
standard;
(3) separating gold and silver combined in the bullion; and
(4) preparing bars.
(c) The Secretary shall pay to the depositor or to a person
designated by the depositor money or bars equivalent to the bullion
deposited as soon as practicable after the value of the deposit is
determined. If demanded, the Secretary shall pay depositors in the
order in which the bullion is deposited with the Secretary. However,
when there is an unavoidable delay in determining the value of a
deposit, the Secretary shall pay subsequent depositors. When
practicable and convenient, the Secretary shall pay depositors in the
denominations requested by the depositor. After the depositor is paid,
the bullion is the property of the United States Government.
(d) To allow the Secretary to pay depositors with as little delay as
possible, the Secretary shall keep in the mints and assay offices, when
possible, money and bullion the Secretary decides are convenient and
necessary.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 987.)
In subsection (a), the words ''Secretary of the Treasury'' are
substituted for ''he'' in 31:273(last sentence) because of the source
provisions restated in section 321 of the revised title. The words
''fineness, weight, and value of each deposit and bar'' and ''The value
and the amount of charges . . . shall be based on the fineness and
weight of the bullion'' are substituted for ''From the report of the
assayer and the weight of the bullion'' for clarity and because of the
restatement. The words ''or deductions, if any'' are omitted as being
included in ''charges''. The word ''money'' is substituted for ''in
coins'' for clarity. The text of 31:331 and 334 is omitted as
unnecessary because of the restatement. The text of 31:273(last
sentence words after 7th comma) is omitted because of the source
provisions restated in section 321 of the revised title.
In subsection (b), the words ''Secretary shall impose a charge'' are
substituted for ''shall be fixed, from time to time, by the director,
with the concurrence of the Secretary of the Treasury'' because of the
source provisions restated in section 321(c) of the revised title. The
words ''for toughening when metals are contained in it which render it
unfit for coinage'' are omitted as obsolete because the Secretary of the
Treasury has authority to mint coins containing silver only under
section 5112(e) of the revised title and the Secretary holds sufficient
silver to mint those coins. See Sen. Rept. No. 91-1084 (1970).
In subsection (c), the words ''person designated by the depositor''
are substituted for ''his order'' for clarity. The words ''an
unavoidable delay in determining the value of a deposit'' are
substituted for ''delay in manipulating a refractory deposit, or for any
other unavoidable cause'' in 31:357 for clarity.
In subsection (d), the words ''the Secretary to pay depositors'' are
substituted for ''the several mints and assay offices of the United
States to make returns to depositors'' because of the source provisions
restated in section 321(c) of the revised title. The words ''when the
state of the Treasury will admit thereof'' are omitted as surplus. The
words ''under such rules and regulations as may be prescribed by the
said Secretary'' are omitted as unnecessary because of section 321(b) of
the revised title. The text of 31:358(last sentence) is omitted as
surplus.
31 USC SUBCHAPTER III -- BUREAU OF THE MINT
TITLE 31 -- MONEY AND FINANCE
31 USC 5131. Organization
TITLE 31 -- MONEY AND FINANCE
(a) The Bureau of the Mint has --
(1) a United States mint at Philadelphia, Pennsylvania.
(2) a United States mint at Denver, Colorado.
(3) a United States mint at West Point, New York.
(4) a United States mint at San Francisco, California.
(b) The Secretary of the Treasury shall carry out duties and powers
related to refining and assaying bullion, minting coins, striking
medals, and numismatic items at the mints. However, until the Secretary
decides that the mints are adequate for minting and striking an ample
supply of coins and medals, the Secretary may use any facility of the
Bureau to mint coins and strike medals and to store coins and medals.
(c) Each mint has a superintendent and an assayer appointed by the
President, by and with the advice and consent of the Senate. The mint
at Philadelphia has an engraver appointed by the President, by and with
the advice and consent of the Senate.
(d) Laws on mints, officers and employees of mints, and punishment of
offenses related to mints and minting coins apply to assay offices, as
applicable.
(e) The Secretary shall operate, maintain, and have custody of, the
mint at Philadelphia. However, the Administrator of General Services
shall make repairs and improvements to the mint.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 988; Pub. L. 100-274, 2(
a)-(c)(2), Mar. 31, 1988, 102 Stat. 48.)
In subsection (a), the words ''The Bureau of the Mint has'' are
substituted for ''embracing in its organization and under its control
all mints . . . and all assay offices'' in 31:251(1st sentence words
after 1st comma) because of the restatement and to eliminate unnecessary
words. The words ''for the manufacture of coin . . . for the stamping
of bars, which have been, or which may be, authorized by law'' are
omitted as superseded by the source provisions restated in subsection
(b).
In subsection (b), the words ''The Secretary of the Treasury shall
carry out duties and powers'' are added because of the source provisions
restated in section 321 of the revised title. The words ''related to
refining and assaying bullion, minting coins, striking medals, and
numismatic items at the mints and assay offices'' are substituted for
31:278(1st sentence words before comma), 283(1st-26th words), and
361(1st sentence words before 1st comma) to eliminate unnecessary words
and for consistency with the source provisions restated in sections
5111(a)(1)-(3) and 5120(a) of the revised title. The words ''and not
coin'' in 31:278 are omitted as unnecessary because of the restatement.
The words ''and no metals shall be purchased for minor coinage'' are
omitted as superseded by section 5111(b) of the revised title. The text
of 31:278(2d, last sentences) is omitted as obsolete because the
Secretary of the Treasury has authority to mint coins containing silver
only under section 5112(e) of the revised title and the Secretary holds
sufficient silver to mint those coins. See Sen. Rept. No. 91-1084
(1970). The words ''except that until the Secretary of the Treasury
determines that the mints of the United States are adequate for the
production of ample supplies of coins, its facilities may be used for
the production of coins'' in 31:283(1st sentence) are omitted as
superseded by the source provisions restated in the subsection. The
words ''striking'' and ''strike'' are added for consistency with section
5111 of the revised title.
In subsection (c), the text of 31:281(words before semicolon) is
omitted as superseded by the source provisions restated in section 321
of the revised title, and 31:281(words after semicolon) is omitted as
superseded by the source provisions restated in subsection (d) and by
5:ch. 35, subch. II.
In subsection (e), the words ''the mint at Philadelphia'' are
substituted for ''any building constructed pursuant to this subchapter''
because that is the building that was constructed under the subchapter.
1988 -- Subsec. (a)(3). Pub. L. 100-274, 2(b), substituted ''mint at
West Point, New York'' for ''assay office at New York, New York''.
Subsec. (a)(4). Pub. L. 100-274, 2(a), substituted ''mint'' for
''assay office''.
Subsec. (b). Pub. L. 100-274, 2(c)(1), struck out ''and assay
offices, except that only bars may be made at the assay offices'' before
period at end of first sentence.
Subsec. (c). Pub. L. 100-274, 2(c)(2), substituted ''Each mint has''
for ''Each mint and the assay office at New York have''.
31 USC 5132. Administrative
TITLE 31 -- MONEY AND FINANCE
(a)(1) Except as provided in this chapter, the Secretary of the
Treasury shall deposit in the Treasury as miscellaneous receipts amounts
the Secretary receives from the operations of the Bureau of the Mint.
However, amounts from numismatic items shall be reimbursed to the
current appropriation used to pay the cost of preparing and selling the
items. The Secretary shall annually sell to the public, directly and by
mail, sets of uncirculated and proof coins minted under paragraphs (1)
through (6) of section 5112(a) of this title, and shall solicit such
sales through the use of the customer list of the Bureau of the Mint.
The Secretary may not use amounts the Secretary receives from profits on
minting coins or from charges on gold or silver bullion under section
5122 of this title to pay officers and employees.
(2)(A) In addition to the coins described in paragraph (1), the
Secretary shall sell annually to the public directly and by mail, sets
of proof coins minted under paragraphs (1) through (6) of section 5112(
a).
(B) Notwithstanding any other provision of law, for purposes of this
paragraph --
(i) the coins described in paragraphs (1) through (4) of section
5112(a) shall be made of an alloy of 90 percent silver and 10 percent
copper; and
(ii) all coins minted under this paragraph shall have a mint mark
indicating the place of manufacture.
(C) All coins minted under this paragraph shall be considered to be
--
(i) numismatic items for purposes of paragraph (1) and section 5111(
a)(3); and
(ii) legal tender, as provided in section 5103.
(D) The Secretary shall obtain silver for coins minted under this
paragraph by purchase from stockpiles established under the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). At such
time as the silver stockpile is depleted, the Secretary shall obtain
silver for such coins by purchase of silver mined from natural deposits
in the United States or in a territory or possession of the United
States not more than 1 year following the month in which the ore from
which it is derived was mined. The Secretary shall pay not more than
the average world price for such silver. The Secretary may issue such
regulations as may be necessary to carry out this subparagraph.
(3) Not more than $46,511,000 may be appropriated to the Secretary
for the fiscal year ending on September 30, 1988, to pay costs of the
mints. Not more than $965,000 of amounts appropriated pursuant to the
preceding sentence shall remain available until expended for research
and development.
(4) Of amounts appropriated pursuant to paragraph (3), not more than
$75,000 may be expended for the purpose of hosting the International
Mint Directors' Conference in the United States in 1988, including
reception, representation, and transportation expenses.
(5) Notwithstanding sections 3302 and 9701 of this title, the
Director of the Mint may --
(A) collect from participants at the International Mint Directors'
Conference reasonable amounts imposed as fees and other assessments in
connection with such conference;
(B) hold and administer the amounts referred to in subparagraph (A);
and
(C) spend on behalf of the United States the amounts referred to in
subparagraph (A) to pay expenses incurred in connection with such
conference, including reception, representation, and transportation
expenses.
(b) To the extent the Secretary decides is necessary, the Secretary
may use amounts received from depositors for refining bullion and the
proceeds from the sale of byproducts (including spent acids from surplus
bullion recovered in refining processes) to pay the costs of refining
the bullion (including labor, material, waste, and loss on the sale of
sweeps). The Secretary may not use amounts appropriated for the mints
to pay those costs.
(c) The Secretary shall make an annual report at the end of each
fiscal year on the operation of the Bureau.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 988; Pub. L. 97-452, 1(
21), Jan. 12, 1983, 96 Stat. 2477; Pub. L. 98-151, 123, Nov. 14, 1983,
97 Stat. 979; Pub. L. 98-216, 1(7), Feb. 14, 1984, 98 Stat. 4; Pub.
L. 99-61, title II, 204, July 9, 1985, 99 Stat. 116; Pub. L. 99-185, 2(
e), Dec. 17, 1985, 99 Stat. 1178; Pub. L. 100-274, 1, 2( c)(3), Mar.
31, 1988, 102 Stat. 48; Pub. L. 101-585, 2, Nov. 15, 1990, 104 Stat.
2874.)
In subsection (a)(1), the words ''Secretary of the Treasury shall
deposit in the Treasury as miscellaneous receipts'' are substituted for
''shall . . . be covered into the Treasury'' in 31:369 because of the
source provisions restated in section 321(c) of the revised title. The
words ''amounts the Secretary receives from the operations of the Bureau
of the Mint'' are substituted for ''The money arising from all charges
and deductions on and from gold and silver bullion and from all other
sources'' for clarity and to eliminate unnecessary words. The words
''amounts from'' are substituted for ''money arising from the
manufacture and sale of'' to eliminate unnecessary words. The words
''numismatic items'' are substituted for ''medals, proof coins, and
uncirculated coins'' for consistency with section 5111(a)(3) of the
revised title. The words ''minting coins'' are substituted for ''silver
or minor coinage'' for consistency with section 5112 of the revised
title. The words ''made by law'' are omitted as surplus. The words
''on estimates furnished by the Secretary of the Treasury'' are omitted
because of section 1108 of the revised title. The text of 31: 273(1st,
2d sentences) is omitted because of section 321 of the revised title and
the other source provisions restated in this chapter.
In subsection (a)(2), the words ''ending September 30'' are added for
clarity and consistency in the revised title. The words ''to pay
costs'' are substituted for ''for all expenditures (salaries and
expenses)'' for consistency in the revised title and to eliminate
unnecessary words. The words ''not herein otherwise provided for'' are
omitted as surplus.
In subsection (b), the word ''refining'' is substituted for ''parting
and refining'' for consistency in the revised chapter. The words
''mints and assay offices'' are substituted for ''coinage mints and
assay office at New York'' because of the source provisions restated in
section 5131(b) of the revised title. The words ''pursuant to law'' are
omitted as surplus.
In subsection (c), the text of 31:253(less 18th-38th words) is
omitted as superseded by the source provisions restated in section 321(
c) of the revised title.
This is necessary because the language was restated by section 382(
h)(1) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35,
95 Stat. 432) but inadvertently codified as 31:5132(a)(1) (last
sentence) by section 1 of the Act of September 13, 1982 (Pub. L.
97-258, 96 Stat. 989.)
The Strategic and Critical Materials Stock Piling Act, referred to in
subsec. (a)(2)(D), is act June 7, 1939, ch. 190, as revised generally
by Pub. L. 96-41, 2, July 30, 1979, 93 Stat. 319, which is classified
generally to subchapter III ( 98 et seq.) of chapter 5 of Title 50, War
and National Defense. For complete classification of this Act to the
Code, see section 98 of Title 50 and Tables.
1990 -- Subsec. (a)(2) to (5). Pub. L. 101-585 added par. (2),
redesignated former pars. (2) to (4) as (3) to (5), respectively, and
substituted ''(3)'' for ''(2)'' in par. (4).
1988 -- Subsec. (a)(2) to (4). Pub. L. 100-274, 1, added pars. (2)
to (4) and struck out former par. (2) which read as follows: ''Not
more than $50,165,000 may be appropriated to the Secretary for the
fiscal year ending September 30, 1983, to pay costs of the mints and
assay offices.''
Subsec. (b). Pub. L. 100-274, 2(c)(3), struck out ''and assay
offices'' after ''amounts appropriated for the mints'' in last sentence.
1985 -- Subsec. (a)(1). Pub. L. 99-185 inserted ''paragraphs (1)
through (6) of'' before ''section 5112(a) of this title''.
Pub. L. 99-61 inserted ''minted under section 5112(a) of this title''
after ''proof coins''.
1984 -- Subsec. (a)(1). Pub. L. 98-216 struck out provision
requiring the Secretary to pay the costs of the mints and assay offices
not provided for in this subsection out of appropriations.
1983 -- Subsec. (a)(1). Pub. L. 98-151 inserted provisions relating
to authority of Secretary to sell sets of uncirculated and proof coins
and solicitation of such sales through the customer lists of the Bureau
of the Mint.
Subsec. (a)(2). Pub. L. 97-452 substituted ''$50,165,000'' for
''$54,706,000'', and ''1983'' for ''1982''.
Amendment by Pub. L. 99-185 effective Oct. 1, 1985, except that no
coins may be issued or sold under section 5112(i) of this title before
Oct. 1, 1986, see section 3 of Pub. L. 99-185, set out as a note under
section 5112 of this title.
Amendment by Pub. L. 99-61 effective Oct. 1, 1985, with exception
as to issuance or sale of coins under section 5112(e) of this title, see
section 205 of Pub. L. 99-61, set out as a note under section 5112 of
this title.
Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section
4(c) of Pub. L. 98-216, set out as a note under section 490 of Title
18, Crimes and Criminal Procedure.
31 USC 5133. Settlement of accounts
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall --
(1) charge the superintendent of each mint with the amount in weight
of standard metal of bullion the superintendent receives from the
Secretary;
(2) credit each superintendent with the amount in weight of coins,
clippings, and other bullion the superintendent returns to the
Secretary; and
(3) charge separately to each superintendent, who shall account for,
copper to be used in the alloy of gold and silver bullion.
(b) Settlement of Accounts. --
(1) In general. -- At least once each year, the Secretary of the
Treasury shall settle the accounts of the superintendents of the mints.
(2) Procedure. -- At any settlement under this subsection, the
superintendent shall --
(A) return to the Secretary any coin, clipping, or other bullion in
the possession of the superintendent; and
(B) present the Secretary with a statement of bullion received and
returned since the last settlement (including any bullion returned for
settlement).
(3) Audit. -- The Secretary shall --
(A) audit the accounts of each superintendent; and
(B) allow each superintendent the waste of precious metals that the
Secretary determines is necessary --
(i) for refining and minting (within the limitations which the
Secretary shall prescribe); and
(ii) for casting fine gold and silver bars (within the limit
prescribed for refining), except that any waste allowance under this
clause may not apply to deposit operations.
(c) After settlement, the Secretary shall compare the amount of gold
and silver bullion and coins on hand with the total liabilities of the
mints. The Secretary also shall make a statement of the ordinary
expense account.
(d) The Secretary shall procure for each mint a series of standard
weights corresponding to the standard troy pound of the National
Institute of Standards and Technology of the Department of Commerce.
The series shall include a one pound weight and multiples and
subdivisions of one pound from .01 grain to 25 pounds. At least once a
year, the Secretary shall test the weights normally used in transactions
at the mints against the standard weights.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 989; Pub. L. 100-274, 2(
c)(4)-(7), (9), (10), Mar. 31, 1988, 102 Stat. 49; Pub. L. 100-418,
title V, 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
In the section, the word ''Secretary'' is substituted for
''superintendent'' and ''Director of the Mint'' in 31:354, 356, 365, and
the word ''Superintendent'' is substituted for ''superintendent of
coining department'' in 31:354 and 355 and ''superintendent of melting
and refining'', because of the source provisions restated in section
321(c) of the revised title.
In subsection (a), the words ''superintendent of each mint and the
assay office at New York and the officer in charge of the assay office
at San Francisco'' are added because of the source provisions restated
in section 5131(b) and (c) of the revised title.
In subsection (b), before clause (1), the words ''shall settle'' are
substituted for ''and at such time as the . . . shall appoint, there
shall be an accurate and full settlement'' in 31:354(last sentence) to
eliminate unnecessary words. In clause (1), the words ''The Secretary
shall audit'' are substituted for ''When all the coins, clippings, and
other bullion have been delivered to the superintendent, it shall be his
duty to examine'' in 31:355(1st, 2d sentences) to eliminate unnecessary
words. In clause (2), the words ''the waste of precious metals . . .
decides is necessary for refining and minting'' are substituted for
''The difference between the amount charged and credited to each officer
. . . as necessary wastage, if . . . shall be satisfied that there has
been a bona fide waste of the precious metals'' for consistency in the
subsection and to eliminate unnecessary words. In clause (3), the words
''limitations prescribed for refining'' are substituted for ''that
provided for the melter and refiner'' in 31:283(2d, last sentences) for
consistency in the subsection. The word ''bona fide'' is omitted as
being included in ''necessary''.
In subsection (c), the words ''It shall also be the duty of the
superintendent to forward a correct statement of his balance sheet'' are
omitted as superseded by the source provisions restated in section
321(c) of the revised title. The words ''mints and assay offices'' are
substituted for ''mint'' for consistency in the section.
In subsection (d), the words ''National Bureau of Standards of the
Department of Commerce'' are substituted for ''Bureau of Standards of
the United States'' because of 15:1511. The words ''from .01 grain'' are
substituted for ''from the hundredths part of a grain'' for consistency.
The words ''under the inspection of the superintendent and assayer''
are omitted as superseded by the source provisions restated in section
321(c) of the revised title. The words ''and the accuracy of those used
at the mint at Philadelphia shall be tested annually in the presence of
the assay commissioners, at the time of the annual examination and test
of coins'' are omitted because the position of assay commissioner was
abolished by section 201 of the Act of March 14, 1980 (Pub. L. 96-209,
94 Stat. 98).
1988 -- Subsec. (a)(1). Pub. L. 100-274, 2(c)(4), substituted ''each
mint'' and ''superintendent receives'' for ''each mint and the assay
office at New York and the officer in charge of the assay office at San
Francisco'' and ''superintendent or officer receives'', respectively.
Subsec. (a)(2). Pub. L. 100-274, 2(c)(5), substituted ''credit each
superintendent with the amount'' and ''superintendent returns'' for
''credit each superintendent and the officer with the amount'' and
''superintendent or officer returns'', respectively.
Subsec. (a)(3). Pub. L. 100-274, 2(c)(6), substituted
''superintendent, who'' for ''superintendent and the officer, who''.
Subsec. (b). Pub. L. 100-274, 2(c)(7), inserted heading and amended
subsec. (b) generally. Prior to amendment, subsec. (b) read as
follows: ''At least once a year, the Secretary shall settle the
accounts of the superintendents and the officer in charge. At
settlement, each superintendent and the officer shall return to the
Secretary coins, clippings, and other bullion in their possession with a
statement of bullion received and returned since the last settlement
(including bullion returned for settlement). The Secretary shall --
''(1) audit the accounts and statements of each superintendent and
the officer;
''(2) allow each superintendent the waste of precious metals, within
limitations prescribed by the Secretary, that the Secretary decides is
necessary for refining and minting; and
''(3) allow the officer the waste, within the limitations prescribed
for refining, that the Secretary decides is necessary in casting fine
gold and silver bars, except that the waste allowance may not apply to
deposit operations.''
Subsec. (c). Pub. L. 100-274, 2(c)(9), struck out ''and assay
offices'' after ''total liabilities of the mints''.
Subsec. (d). Pub. L. 100-418 substituted ''National Institute of
Standards and Technology'' for ''National Bureau of Standards''.
Pub. L. 100-274, 2(c)(10), struck out ''and assay office'' after
''procure for each mint'' and ''and assay offices'' after ''transactions
at the mints''.
31 USC SUBCHAPTER IV -- BUREAU OF ENGRAVING AND PRINTING
TITLE 31 -- MONEY AND FINANCE
31 USC 5141. Operation of the Bureau
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury shall prepare and submit to the
President an annual business-type budget for the Bureau of Engraving and
Printing.
(b)(1) The Secretary shall maintain in the Bureau an integrated
accounting system with internal controls that --
(A) ensures adequate control over assets and liabilities of the
Bureau of Engraving and Printing Fund described in section 5142 of this
title;
(B) develops accurate production costs to enable the Bureau to
recover those costs on the basis of the work requisitioned;
(C) provides for replacement of capitalized equipment and other fixed
assets by maintaining adequate depreciation reserves based on original
cost or appraised values;
(D) discloses the financial condition and operations of the Fund on
an accrual basis of accounting; and
(E) provides information for the prior fiscal year on the annual
budget of the Bureau.
(2) The accounting system shall conform to principles and standards
prescribed by the Comptroller General to carry out this subsection. The
Comptroller General may review the system to ensure conformity to the
principles and standards and its effectiveness of operation.
(c) An officer or employee in the clerical-mechanical service of the
Bureau assigned to an established shift or tour of duty at least half of
which occurs between 6 p.m. and 6 a.m. is entitled to pay for the
regular 40-hour week (except when on leave) at a rate of pay 15 percent
higher than the day rate for the same work.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 990.)
In subsection (a), the word ''budget'' is substituted for ''budget
program'' to eliminate unnecessary words. The words ''to the
President'' are added because of chapter 11 of the revised title.
In subsection (b)(1), before clause (A), the words ''Secretary shall
maintain'' are substituted for ''There shall be installed and
maintained'' because of sections 301 and 303 of the revised title and to
eliminate executed words. The words ''internal controls'' are
substituted for ''including proper features of internal control'' to
eliminate unnecessary words. In clause (B), the word ''costs'' is
substituted for ''direct and indirect costs'' to eliminate unnecessary
words. In clause (D), the word ''basis'' is substituted for ''method''
for clarity. In clause (E), the words ''provides information'' are
substituted for ''supply on the basis of accounting results the data''
to eliminate unnecessary words. The word ''prior'' is substituted for
''last completed'' for consistency in the revised title.
In subsection (c), the words ''An officer or employee'' are
substituted for ''employees'' for consistency in the revised title and
with other titles of the United States Code. The words ''assigned to an
established shift or tour of duty at least half of which occurs between
the hours of 6 p.m. and 6 a.m.'' are substituted for ''assigned to
perform their work at night'' and 31:180(proviso) to eliminate
unnecessary words.
31 USC 5142. Bureau of Engraving and Printing Fund
TITLE 31 -- MONEY AND FINANCE
(a) The Department of the Treasury has a Bureau of Engraving and
Printing Fund. Amounts --
(1) in the Fund are available to operate the Bureau of Engraving and
Printing;
(2) in the Fund remain available until expended; and
(3) may be appropriated to the Fund.
(b) The Fund consists of --
(1) property and physical assets (except buildings and land) acquired
by the Bureau;
(2) all amounts received by the Bureau; and
(3) proceeds from the disposition of property and assets acquired by
the Fund.
(c) The capital of the Fund consists of --
(1) amounts appropriated to the Fund;
(2) physical assets of the Bureau (except buildings and land) as of
the close of business June 30, 1951; and
(3) all payments made after June 30, 1974, under section 5143 of this
title at prices adjusted to permit buying capital equipment and to
provide future working capital.
(d) The Secretary shall deposit each fiscal year, in the Treasury as
miscellaneous receipts, amounts accruing to the Fund in the prior fiscal
year that the Secretary decides are in excess of the needs of the Fund.
However, the Secretary may use the excess amounts to restore capital of
the Fund reduced by the difference between the charges for services of
the Bureau and the cost of providing those services.
(e) The Secretary shall maintain a special deposit account in the
Treasury for the Fund. The Secretary shall credit the account with
amounts appropriated to the Fund and receipts of the Bureau without
depositing the receipts in the Treasury as miscellaneous receipts.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 990.)
In subsection (a), before clause (1), the words ''as of July 1,
1951'' are omitted as executed. In clause (1), the words ''subsequent
to June 30, 1951'' are omitted as executed. In clause (2), the words
''remain available until expended'' are substituted for ''shall be
available without fiscal year limitation'' for consistency in the
revised title and with other titles of the United States Code.
In subsection (b)(2), the words ''amounts received by the Bureau''
are substituted for ''all amounts recoverable as provided in section 181
of this title for the costs of work and services performed by the
Bureau, and all other amounts receivable by the Bureau from whatever
sources derived'' to eliminate unnecessary words.
In subsection (c)(1), the words ''amounts appropriated to the Fund''
are substituted for ''an initial appropriation by the Congress to the
fund of not to exceed $5,000,000 and such additional amounts as from
time to time may be appropriated for the purposes of the fund'' to
eliminate unnecessary words.
In subsection (c)(2), the words ''such inventories and other physical
assets to be capitalized at fair and reasonable values to be determined
by the Secretary'' are omitted as executed. The words ''receivables and
the inventories'' are omitted as covered by ''physical assets''. The
words ''unexpended balances of appropriations'' are omitted as
unnecessary because of clause (1).
In subsection (c)(3), the words ''$5,000,000, to remain available
until expended'' are omitted as unnecessary because of the source
provision restated in subsection (a)(2) of this section. The text of
31:181a(a)(3) and (b) is omitted as executed.
In subsection (d), the words ''each fiscal year'' are substituted for
''ensuing fiscal year'', and the words ''prior fiscal year'' are added,
because of the restatement. The word ''Secretary'' is added because of
sections 301 and 303 of the revised title. The words ''decides are in
excess of the needs of the Fund'' are substituted for ''surplus'' for
consistency in the chapter. The words ''may use'' are substituted for
''may be applied first'' to eliminate unnecessary words. The word
''reduced'' is substituted for ''impairment'' for clarity.
In subsection (e), the words ''Secretary shall maintain'' are
substituted for ''shall be established'' because of sections 301 and 303
of the revised title and to eliminate executed words. The words ''in
the Treasury'' are substituted for ''with the Treasurer of the United
States'' because of Department of the Treasury Order 229 of January 14,
1974 (39 F.R. 2280). The text of 31:181a(f)(last sentence) is omitted as
unnecessary because of the source provisions restated in section 3325 of
the revised title.
31 USC 5143. Payment for services
TITLE 31 -- MONEY AND FINANCE
The Secretary of the Treasury shall impose charges for Bureau of
Engraving and Printing services the Secretary provides to an agency.
The charges shall be in amounts the Secretary considers adequate to
cover the costs of the services (including administrative costs related
to providing the services). The agency shall pay promptly bills
submitted by the Secretary.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 991.)
The word ''costs'' is substituted for ''direct and indirect costs''
to eliminate unnecessary words. The words ''shall make payment
therefor'' are omitted as unnecessary because of the restatement. The
words ''from funds available to it for such purposes'' are omitted as
surplus.
31 USC 5144. Providing impressions of portraits and vignettes
TITLE 31 -- MONEY AND FINANCE
The Secretary of the Treasury may provide impressions from an
engraved portrait or vignette in the possession of the Bureau of
Engraving and Printing. An impression shall be provided --
(1) at the request of --
(A) a member of Congress;
(B) a head of an agency;
(C) an art association; or
(D) a library; and
(2) for a charge and under conditions the Secretary decides are
necessary to protect the public interest.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 991.)
In the section, before clause (1), the word ''engraved'' is added
before ''portrait'' because of the restatement. The words ''in the
possession'' are substituted for ''which is now, or may be a part of the
engraved stock'' to eliminate unnecessary words. The words ''An
impression shall be provided'' are added because of the restatement. In
clause (1)(A), the words ''member of Congress'' are substituted for
''Senator, Representative, or Delegate in Congress'' for consistency.
In clause (1)(B), the word ''agency'' is substituted for ''department or
bureau'' because of section 101 of the revised title and for consistency
in the revised title. In clause (2), the words ''for a charge and under
conditions the Secretary decides are'' are substituted for ''at such
rates and under such conditions as he may deem'' for consistency.
31 USC SUBCHAPTER V -- MISCELLANEOUS
TITLE 31 -- MONEY AND FINANCE
31 USC 5151. Conversion of currency of foreign countries
TITLE 31 -- MONEY AND FINANCE
(a) In this section --
(1) ''buying rate'' means the buying rate in the market in New York,
New York, for cable transfers payable in the currency of a foreign
country to be converted.
(2) when merchandise is exported on a day that banks are generally
closed in New York, the buying rate at noon on the last prior business
day is deemed to be the buying rate at noon on the day the merchandise
is exported.
(b) The value of coins of a foreign country expressed in United
States money is the value of the pure metal of the standard coin of the
foreign country. The Secretary of the Treasury shall estimate the
values of standard coins of the country quarterly and publish the values
on the first day of January, April, July, and October of each year.
(c) Except as provided in this section, conversion of currency of a
foreign country into United States currency for assessment and
collection of duties on merchandise imported into the United States
shall be made at values published by the Secretary under subsection (b)
of this section for the quarter in which the merchandise is exported.
(d) If the Secretary has not published a value for the quarter in
which the merchandise is exported, or if the value published by the
Secretary varies by at least 5 percent from a value measured by the
buying rate at noon on the day the merchandise is exported, the
conversion of the currency of the foreign country shall be made at a
value --
(1) equal to the buying rate at noon on the day the merchandise is
exported; or
(2) prescribed by regulation of the Secretary for the currency that
is equal to the first buying rate certified for that currency by the
Federal Reserve Bank of New York under subsection (e) of this section in
the quarter in which the merchandise is exported, but only if the buying
rate at noon on the day the merchandise is exported varies less than 5
percent from the buying rate first certified.
(e) The Federal Reserve Bank of New York shall decide the buying rate
and certify the rate to the Secretary. The Secretary shall publish the
rate at times and to the extent the Secretary considers necessary. In
deciding the buying rate, the Bank may --
(1) consider the last ascertainable transactions and quotations
(direct or through exchange of other currencies); and
(2) if there is no buying rate, calculate the rate from --
(A) actual transactions and quotations in demand or time bills of
exchange; or
(B) the last ascertainable transactions and quotations outside the
United States in or for exchange payable in United States currency or
foreign currency.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 991.)
In subsection (b), the words ''United States money'' are substituted
for ''money of account'' for consistency in the chapter. The words
''standard coins of the country'' are substituted for ''values of
standard coins in circulation of the various nations of the world'' to
eliminate unnecessary words. The words ''Secretary of the Treasury''
are substituted for ''Director of the Mint'' because of the source
provisions restated in section 321(c) of the revised title.
In subsection (c), the words ''on or after June 17, 1930'' are
omitted as executed.
In subsection (d)(1), the words ''buying rate at noon on the day the
merchandise is exported'' are substituted for ''such buying rate'' for
clarity.
In subsection (d)(2), the words ''that is equal to'' are substituted
for ''at a value measured by'' because of the restatement.
In subsection (e)(2), the words ''buying rate'' are substituted for
''market buying rate for such cable transfers'' to eliminate unnecessary
words.
31 USC 5152. Value of United States money holdings in international
institutions
TITLE 31 -- MONEY AND FINANCE
The Secretary of the Treasury shall maintain the value in terms of
gold of the holdings of United States money of the International Bank
for Reconstruction and Development, the Inter-American Development Bank,
the International Development Association, and the Asian Development
Bank to the extent provided in the articles of agreement of those
institutions. Amounts necessary to maintain the value may be
appropriated. Amounts appropriated under this section remain available
until expended.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 992.)
The word ''money'' is substituted for ''dollars'' for consistency in
the revised title. The words ''the International Monetary Fund'' are
omitted as obsolete because of section 9 of the Act of October 19, 1976
(Pub. L. 94-564, 90 Stat. 2661).
31 USC 5153. Counterfeit currency
TITLE 31 -- MONEY AND FINANCE
Disbursing officials of the United States Government and officers of
national banks shall stamp or mark the word ''counterfeit'',
''altered'', or ''worthless'' on counterfeit notes intended to circulate
as currency that are presented to them. An official or officer
wrongfully stamping or marking an item of genuine United States currency
(including a Federal reserve note or a circulating note of Federal
reserve banks and national banks) shall redeem the currency at face
value when presented.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 992.)
The words ''Disbursing officials'' are substituted for ''officers
charged with the receipt or disbursement of public moneys'' for
consistency in the revised title and other titles of the United States
Code. The word ''mark'' is substituted for ''write in plain letters''
to eliminate unnecessary words. The words ''counterfeit notes intended
to circulate as currency'' are substituted for ''all fraudulent notes
issued in the form of, and intended to circulate as money'' for
consistency in the revised title and with other titles of the Code. The
last sentence is substituted for the words following the semicolon in
31:424 for clarity and to reflect the legislative history of the
derivative source. See 4 Cong. Rec. 2225-2228, 3148. In that sentence,
the words ''United States currency (including a Federal reserve note or
a circulating note of Federal reserve banks and national banks)'' are
substituted for ''any genuine note of the United States, or of the
national banks'' for consistency with section 5103 of the revised title.
31 USC 5154. State taxation
TITLE 31 -- MONEY AND FINANCE
A State or a territory or possession of the United States may tax
United States coins and currency (including Federal reserve notes and
circulating notes of Federal reserve banks and national banks) as money
on hand or on deposit in the same way and at the same rate that the
State, territory, or possession taxes other forms of money. This
section does not affect a law taxing national banks.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 992; Pub. L. 97-452, 1(
22), Jan. 12, 1983, 96 Stat. 2477.)
The words ''United States coins and currency (including Federal
reserve notes and circulating notes of Federal reserve banks and
national banks)'' are substituted for ''Circulating notes of national
banking associations and United States legal tender notes and other
notes and certificates of the United States payable on demand and
circulating or intended to circulate as currency and gold, silver, or
other coin'' in 31:425 to eliminate unnecessary words and for
consistency with section 5103 of the revised title.
This restates 31:5154 to clarify the intent of the section. See 26
Cong. Rec. 7152, 7170 (1894).
1983 -- Pub. L. 97-452 substituted ''other forms of money'' for
''United States coins and currency circulating within its
jurisdiction''.
Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L.
97-452, set out as a note under section 3331 of this title.
31 USC 5155. Providing engraved plates of portraits of deceased members
of Congress
TITLE 31 -- MONEY AND FINANCE
On conditions the Secretary of the Treasury decides, the Secretary
may send an engraved plate of a portrait of a deceased Senator or
Representative to an heir or legal representative of such a Senator or
Representative.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 993.)
The words ''terms and'' are omitted as being included in
''conditions''. The words ''that have been or may be made'' are omitted
as unnecessary.
31 USC CHAPTER 53 -- MONETARY TRANSACTIONS
TITLE 31 -- MONEY AND FINANCE
Sec.
5301. Buying obligations of the United States Government.
5302. Stabilizing exchange rates and arrangements.
5303. Reserved coins and currencies of foreign countries.
5304. Regulations.
5311. Declaration of purpose.
5312. Definitions and application.
5313. Reports on domestic coins and currency transactions.
5314. Records and reports on foreign financial agency transactions.
5315. Reports on foreign currency transactions.
5316. Reports on exporting and importing monetary instruments.
5317. Search and forfeiture of monetary instruments.
5318. Compliance, exemptions, and summons authority.
5319. Availability of reports.
5320. Injunctions.
5321. Civil penalties.
5322. Criminal penalties.
5323. Rewards for informants.
5324. Structuring transactions to evade reporting requirement
prohibited.
5325. Identification required to purchase certain monetary
instruments.
5326. Records of certain domestic coin and currency transactions.
1988 -- Pub. L. 100-690, title VI, 6185(f), Nov. 18, 1988, 102
Stat. 4357, added items 5325 and 5326.
1986 -- Pub. L. 99-570, title I, 1354(b), 1356(d), Oct. 27, 1986,
100 Stat. 3207-22, 3207-25, substituted ''Compliance, exemptions, and
summons authority'' for ''Compliance and exemptions'' in item 5318 and
added item 5324.
1984 -- Pub. L. 98-473, title II, 901(f), Oct. 12, 1984, 98 Stat.
2136, added item 5323.
31 USC SUBCHAPTER I -- CREDIT AND MONETARY EXPANSION
TITLE 31 -- MONEY AND FINANCE
31 USC 5301. Buying obligations of the United States Government
TITLE 31 -- MONEY AND FINANCE
(a) The President may direct the Secretary of the Treasury to make an
agreement with the Federal reserve banks and the Board of Governors of
the Federal Reserve System when the President decides that the foreign
commerce of the United States is affected adversely because --
(1) the value of coins and currency of a foreign country compared to
the present standard value of gold is depreciating;
(2) action is necessary to regulate and maintain the parity of United
States coins and currency;
(3) an economic emergency requires an expansion of credit; or
(4) an expansion of credit is necessary so that the United States
Government and the governments of other countries can stabilize the
value of coins and currencies of a country.
(b) Under an agreement under subsection (a) of this section, the
Board shall permit the banks (and the Board is authorized to permit the
banks notwithstanding another law) to agree that the banks will --
(1) conduct through each entire specified period open market
operations in obligations of the United States Government or
corporations in which the Government is the majority stockholder; and
(2) buy directly and hold an additional $3,000,000,000 of obligations
of the Government for each agreed period, unless the Secretary consents
to the sale of the obligations before the end of the period.
(c) With the approval of the Secretary, the Board may require Federal
reserve banks to take action the Secretary and Board consider necessary
to prevent unreasonable credit expansion.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 993.)
In subsection (a), before clause (1), the text of 31:821(b)(matter
before (1)) is omitted as obsolete because clause (1) is omitted as
executed, and clause (2) is omitted as expired. The text of 31:821(b)(
matter after (2)) is omitted as obsolete because silver is no longer
coined. The words ''in his discretion'' and ''several'' are omitted as
surplus. The words ''Board of Governors of the Federal Reserve System''
are substituted for ''Federal Reserve Board'' because of 12: 241. The
words ''upon investigation'' are omitted as surplus. In clause (1), the
word ''foreign'' is substituted for ''of any other government or
governments'' to eliminate unnecessary words. The words ''coins and''
are added for consistency. In clause (2), the words ''United States
coins and currency'' are substituted for ''currency issues of the United
States'' for consistency. In clause (4), the words ''so that the United
States Government and the governments of other countries can stabilize''
are substituted for ''to secure by international agreement a
stabilization'' for clarity. The words ''at proper levels'' are omitted
as surplus.
In subsection (b), before clause (1), the words ''(and the Board is
authorized to permit the banks notwithstanding another law)'' are
substituted for ''notwithstanding any provisions of law or rules and
regulations to the contrary'' for clarity. In clause (1), the words
''pursuant to existing law'' are omitted as surplus. The words
''through each entire'' are substituted for ''throughout'' for clarity.
In clause (2), the words ''in portfolio'', ''or periods of time Treasury
bills or other'' and ''in an aggregate sum of'' are omitted as surplus.
31 USC 5302. Stabilizing exchange rates and arrangements
TITLE 31 -- MONEY AND FINANCE
(a)(1) The Department of the Treasury has a stabilization fund. The
fund is available to carry out this section, section 18 of the Bretton
Woods Agreement Act (22 U.S.C. 286e-3), and section 3 of the Special
Drawing Rights Act (22 U.S.C. 286o), and for investing in obligations of
the United States Government those amounts in the fund the Secretary of
the Treasury, with the approval of the President, decides are not
required at the time to carry out this section. Proceeds of sales and
investments, earnings, and interest shall be paid into the fund and are
available to carry out this section. However, the fund is not available
to pay administrative expenses.
(2) Subject to approval by the President, the fund is under the
exclusive control of the Secretary, and may not be used in a way that
direct control and custody pass from the President and the Secretary.
Decisions of the Secretary are final and may not be reviewed by another
officer or employee of the Government.
(b) Consistent with the obligations of the Government in the
International Monetary Fund on orderly exchange arrangements and a
stable system of exchange rates, the Secretary or an agency designated
by the Secretary, with the approval of the President, may deal in gold,
foreign exchange, and other instruments of credit and securities the
Secretary considers necessary. However, a loan or credit to a foreign
entity or government of a foreign country may be made for more than 6
months in any 12-month period only if the President gives Congress a
written statement that unique or emergency circumstances require the
loan or credit be for more than 6 months.
(c)(1) By the 30th day after the end of each month, the Secretary
shall give the Committee on Banking, Finance and Urban Affairs of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a detailed financial statement on the
stabilization fund showing all agreements made or renewed, all
transactions occurring during the month, and all projected liabilities.
(2) The Secretary shall report each year to the President and
Congress on the operation of the fund.
(d) A repayment of any part of the first subscription payment of the
Government to the International Monetary Fund, previously paid from the
stabilization fund, shall be deposited in the Treasury as a
miscellaneous receipt.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 994.)
In subsection (a)(1), the words ''The Department of the Treasury has
a stabilization fund'' are substituted for ''there is appropriated, out
of the receipts which are directed to be covered into the Treasury under
section 408b of this title, the sum of $2,000,000,000, which sum when
available shall be deposited in the United States Treasury in a
stabilization fund'' because the fund has been established. The words
''(hereinafter called the 'fund')'' are omitted as unnecessary because
of the restatement. The words ''To enable the Secretary of the
Treasury'' and ''The fund shall be available for expenditure, under the
direction of the Secretary of the Treasury and in his discretion, for
any purpose in connection with carrying out the provisions of this
section'' are omitted as surplus. The words ''section 18 of the Bretton
Woods Agreement Act (22 U.S.C. 286e-3), and section 3 of the Special
Drawing Rights Act (22 U.S.C. 286o)'' are added for clarity. The words
''and reinvestment'' and ''direct'' are omitted as surplus. The word
''Government'' is added for consistency. The words ''accruing under the
operations of this section'' are omitted as surplus. The words ''to
carry out this section'' after ''are available'' are substituted for
''for the purposes of the fund'' for consistency.
In subsection (b), the words ''directly . . . through'' and ''for the
account of the fund established in this section'' are omitted as
surplus. The words ''government of a foreign country'' are substituted
for ''foreign government'' for consistency in the revised title and with
other titles of the United States Code. The words ''by or through such
fund'' are omitted as surplus.
In subsection (c)(1), the word ''calendar'' is omitted as surplus.
The words ''beginning after the effective date of this paragraph'' are
omitted as executed. The words ''to occur'' are omitted as surplus.
In subsection (d), the words ''any part of the first subscription
payment of the Government to the International Monetary Fund, previously
paid from the stabilization fund'' are substituted for 31:
822a(c)(words before semicolon) and ''thereof'' for clarity because the
payment has been made.
31 USC 5303. Reserved coins and currencies of foreign countries
TITLE 31 -- MONEY AND FINANCE
An agency may use coins and currencies of a foreign country the
United States Government holds that are or may be reserved for a
specific program or activity of an agency. The agency shall reimburse
the Treasury from appropriations and shall replace the coins and
currencies when they are needed for the program or activity for which
they were reserved originally.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 994.)
The word ''Federal'' is omitted as unnecessary because of the
definition of ''agency'' in section 101 of the revised title. The words
''coins and'' and ''Government'' are added for consistency. The words
''or set aside'' and ''of the Government'' are omitted as surplus. The
words ''The agency shall reimburse . . . shall replace'' are substituted
for ''except (1) that reimbursement shall be made . . . (2) . . . shall
be replaced'' for clarity. The words ''applicable . . . of the agency
concerned'' are omitted as surplus. The words ''program or activity''
are substituted for ''purpose'' for clarity and consistency.
31 USC 5304. Regulations
TITLE 31 -- MONEY AND FINANCE
With the approval of the President, the Secretary of the Treasury may
prescribe regulations --
(1) to carry out section 5301 of this title; and
(2) the Secretary considers necessary to carry out section 5302 of
this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 994.)
Before clause (1), the words ''prescribe regulations'' are
substituted for ''make and promulgate rules and regulations'' in 31:822
and ''issue . . . such rules and regulations'' in 31:822b for
consistency. In clause (1), the words ''to carry out'' are substituted
for ''covering any action taken or to be taken by the President under''
in 31:822 to eliminate unnecessary words. In clause (2), the words ''or
proper'' in 31:822b and ''the purposes of'' are omitted as surplus.
Reference to 31:821 is omitted as obsolete because silver is no longer
coined. Reference to 31:824 is omitted as obsolete because 31:824 is
executed and is not part of the revised title.
31 USC SUBCHAPTER II -- RECORDS AND REPORTS ON MONETARY INSTRUMENTS
TRANSACTIONS
TITLE 31 -- MONEY AND FINANCE
sections 1952, 1956, 1961; title 22 section 2714.
31 USC 5311. Declaration of purpose
TITLE 31 -- MONEY AND FINANCE
It is the purpose of this subchapter (except section 5315) to require
certain reports or records where they have a high degree of usefulness
in criminal, tax, or regulatory investigations or proceedings.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 995.)
Pub. L. 101-647, title I, 101, Nov. 29, 1990, 104 Stat. 4789,
provided that: ''Not later than 180 days after the effective date of
this section (Nov. 29, 1990), and every 2 years for 4 years, the
Secretary of the Treasury shall report to the Congress the following:
''(1) the number of each type of report filed pursuant to subchapter
II of chapter 53 of title 31, United States Code (or regulations
promulgated thereunder) in the previous fiscal year;
''(2) the number of reports filed pursuant to section 6050I of the
Internal Revenue Code of 1986 (26 U.S.C. 6050I) (regarding transactions
involving currency) in the previous fiscal year;
''(3) an estimate of the rate of compliance with the reporting
requirements by persons required to file the reports referred to in
paragraphs (1) and (2);
''(4) the manner in which the Department of the Treasury and other
agencies of the United States collect, organize, analyze and use the
reports referred to in paragraphs (1) and (2) to support investigations
and prosecutions of (A) violations of the criminal laws of the United
States, (B) violations of the laws of foreign countries, and (C) civil
enforcement of the laws of the United States including the provisions
regarding asset forfeiture;
''(5) a summary of sanctions imposed in the previous fiscal year
against persons who failed to comply with the reporting requirements
referred to in paragraphs (1) and (2), and other steps taken to ensure
maximum compliance;
''(6) a summary of criminal indictments filed in the previous fiscal
year which resulted, in large part, from investigations initiated by
analysis of the reports referred to in paragraphs (1) and (2); and
''(7) a summary of criminal indictments filed in the previous fiscal
year which resulted, in large part, from investigations initiated by
information regarding suspicious financial transactions provided
voluntarily by financial institutions.''
Pub. L. 100-690, title IV, 4701, Nov. 18, 1988, 102 Stat. 4290,
provided that:
''(a) Findings. -- The Congress finds that --
''(1) the success of cash transaction and money laundering control
statutes in the United States has been significant; and
''(2) the United States should play a leadership role in the
development of an international system of a similar kind.
''(b) Purpose. -- It is the purpose of this section to urge the
United States Government, to the maximum extent practicable, to seek the
active cooperation of other countries in the enforcement of these
statutes, since only a truly multilateral approach can be effective in
eliminating bank haven loopholes through which money launderers can
escape.
''(c) Establishment of International Agency. -- The Congress urges
the Secretary of the Treasury to negotiate with finance ministers of
foreign countries to establish an international currency control agency
to --
''(1) serve as a central source of information and database for
international drug enforcement agencies;
''(2) collect and analyze currency transaction reports filed by
member countries; and
''(3) encourage the adoption, by member countries, of uniform cash
transaction and money laundering statutes.
''(d) Maintenance of Domestic Effort. -- While establishing a
multilateral agency will be the most effective method of combating money
laundering, the United States must itself continue to do everything it
can to curb international money laundering.''
Pub. L. 100-690, title IV, 4702, Nov. 18, 1988, 102 Stat. 4291,
provided that:
''(a) Findings. -- The Congress finds that international currency
transactions, especially in United States currency, that involve the
proceeds of narcotics trafficking fuel trade in narcotics in the United
States and worldwide and consequently are a threat to the national
security of the United States.
''(b) Purpose. -- The purpose of this section is to provide for
international negotiations that would expand access to information on
transactions involving large amounts of United States currency wherever
those transactions occur worldwide.
''(c) Negotiations. -- (1) The Secretary of the Treasury (hereinafter
in this section referred to as the 'Secretary') shall enter into
negotiations with the appropriate financial supervisory agencies and
other officials of any foreign country the financial institutions of
which do business in United States currency. Highest priority shall be
attached to countries whose financial institutions the Secretary
determines, in consultation with the Attorney General and the Director
of National Drug Control Policy, may be engaging in currency
transactions involving the proceeds of international narcotics
trafficking, particularly United States currency derived from drug sales
in the United States.
''(2) The purposes of negotiations under this subsection are --
''(A) to reach one or more international agreements to ensure that
foreign banks and other financial institutions maintain adequate records
of large United States currency transactions, and
''(B) to establish a mechanism whereby such records may be made
available to United States law enforcement officials.
In carrying out such negotiations, the Secretary should seek to enter
into and further cooperative efforts, voluntary information exchanges,
the use of letters rogatory, and mutual legal assistance treaties.
''(d) Reports. -- Not later than 1 year after the date of enactment
of this Act (Nov. 18, 1988), the Secretary shall submit an interim
report to the Committee on Banking, Finance and Urban Affairs of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on progress in the negotiations under
subsection (c). Not later than 2 years after such enactment, the
Secretary shall submit a final report to such Committees and the
President on the outcome of those negotiations and shall identify, in
consultation with the Attorney General and the Director of National Drug
Control Policy, countries --
''(1) with respect to which the Secretary determines there is
evidence that the financial institutions in such countries are engaging
in currency transactions involving the proceeds of international
narcotics trafficking; and
''(2) which have not reached agreement with United States authorities
on a mechanism for exchanging adequate records on international currency
transactions in connection with narcotics investigations and
proceedings.
''(e) Authority. -- If after receiving the advice of the Secretary
and in any case at the time of receipt of the Secretary's report, the
Secretary determines that a foreign country --
''(1) has jurisdiction over financial institutions that are
substantially engaging in currency transactions that effect (affect) the
United States involving the proceeds of international narcotics
trafficking;
''(2) such country has not reached agreement on a mechanism for
exchanging adequate records on international currency transactions in
connection with narcotics investigations and proceedings; and
''(3) such country is not negotiating in good faith to reach such an
agreement,
the President shall impose appropriate penalties and sanctions,
including temporarily or permanently --
''(1) prohibiting such persons, institutions or other entities in
such countries from participating in any United States dollar clearing
or wire transfer system; and
''(2) prohibiting such persons, institutions or entities in such
countries from maintaining an account with any bank or other financial
institution chartered under the laws of the United States or any State.
Any penalties or sanctions so imposed may be delayed or waived upon
certification of the President to the Congress that it is in the
national interest to do so. Financial institutions in such countries
that maintain adequate records shall be exempt from such penalties and
sanctions.
''(f) Definitions. -- For the purposes of this section --
''(1) The term 'United States currency' means Federal Reserve Notes
and United States coins.
''(2) The term 'adequate records' means records of United States'
currency transactions in excess of $10,000 including the identification
of the person initiating the transaction, the person's business or
occupation, and the account or accounts affected by the transaction, or
other records of comparable effect.
''(g) Sunset. -- The authority given the President in subsection (e)
shall expire on June 30, 1994.''
Foreign Branches of Domestic Institutions
Pub. L. 99-570, title I, 1363, Oct. 27, 1986, 100 Stat. 3207-33,
required the Secretary of the Treasury to initiate discussions with the
central banks or other appropriate governmental authorities of other
countries and propose that an information exchange system be established
to reduce international flow of money derived from illicit drug
operations and other criminal activities and to report to Congress
before the end of the 9-month period beginning Oct. 27, 1986. The
Secretary of the Treasury was also required to conduct a study of (1)
the extent to which foreign branches of domestic institutions are used
to facilitate illicit transfers of or to evade reporting requirements on
transfers of coins, currency, and other monetary instruments into and
out of the United States; (2) the extent to which the law of the United
States is applicable to the activities of such foreign branches; and
(3) methods for obtaining the cooperation of the country in which any
such foreign branch is located for purposes of enforcing the law of the
United States with respect to transfers, and reports on transfers, of
such monetary instruments into and out of the United States and to
report to Congress before the end of the 9-month period beginning Oct.
27, 1986.
31 USC 5312. Definitions and application
TITLE 31 -- MONEY AND FINANCE
(a) In this subchapter --
(1) ''financial agency'' means a person acting for a person (except
for a country, a monetary or financial authority acting as a monetary or
financial authority, or an international financial institution of which
the United States Government is a member) as a financial institution,
bailee, depository trustee, or agent, or acting in a similar way related
to money, credit, securities, gold, or a transaction in money, credit,
securities, or gold.
(2) ''financial institution'' means --
(A) an insured bank (as defined in section 3(h) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(h)));
(B) a commercial bank or trust company;
(C) a private banker;
(D) an agency or branch of a foreign bank in the United States;
(E) an insured institution (as defined in section 401(a) /1/ of the
National Housing Act (12 U.S.C. 1724(a)));
(F) a thrift institution;
(G) a broker or dealer registered with the Securities and Exchange
Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.);
(H) a broker or dealer in securities or commodities;
(I) an investment banker or investment company;
(J) a currency exchange;
(K) an issuer, redeemer, or cashier of travelers' checks, checks,
money orders, or similar instruments;
(L) an operator of a credit card system;
(M) an insurance company;
(N) a dealer in precious metals, stones, or jewels;
(O) a pawnbroker;
(P) a loan or finance company;
(Q) a travel agency;
(R) a licensed sender of money;
(S) a telegraph company;
(T) a business engaged in vehicle sales, including automobile,
airplane, and boat sales;
(U) persons involved in real estate closings and settlements;
(V) the United States Postal Service;
(W) an agency of the United States Government or of a State or local
government carrying out a duty or power of a business described in this
paragraph;
(X) any business or agency which engages in any activity which the
Secretary of the Treasury determines, by regulation, to be an activity
which is similar to, related to, or a substitute for any activity in
which any business described in this paragraph is authorized to engage;
or
(Y) any other business designated by the Secretary whose cash
transactions have a high degree of usefulness in criminal, tax, or
regulatory matters.
(3) ''monetary instruments'' means --
(A) United States coins and currency; and
(B) as the Secretary may prescribe by regulation, coins and currency
of a foreign country, travelers' checks, bearer negotiable instruments,
bearer investment securities, bearer securities, stock on which title is
passed on delivery, and similar material.
(4) ''person'', in addition to its meaning under section 1 of title
1, includes a trustee, a representative of an estate and, when the
Secretary prescribes, a governmental entity.
(5) ''United States'' means the States of the United States, the
District of Columbia, and, when the Secretary prescribes by regulation,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, American Samoa, the Trust Territory of the Pacific
Islands, a territory or possession of the United States, or a military
or diplomatic establishment.
(b) In this subchapter --
(1) ''domestic financial agency'' and ''domestic financial
institution'' apply to an action in the United States of a financial
agency or institution.
(2) ''foreign financial agency'' and ''foreign financial
institution'' apply to an action outside the United States of a
financial agency or institution.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 995; Pub. L. 99-570, title
I, 1362, Oct. 27, 1986, 100 Stat. 3207-33; Pub. L. 100-690, title VI,
6185(a), (g)(1), Nov. 18, 1988, 102 Stat. 4354, 4357.)
In subsection (a)(1), the text of 31:1052(a) is omitted as
unnecessary. The text of 31:1052(b) is omitted because of the
restatement. The text of 31:1052(i) is omitted as unnecessary because
the source provision is restated where necessary in the revised
subchapter.
In subsection (a)(2), (3), (4), and (5), the words ''the Secretary .
. . prescribes'' are substituted for ''specified by the Secretary by
regulation'', ''as the Secretary may by regulation specify'',
''specified by the Secretary'', and ''the Secretary shall by regulation
specify'' for consistency.
In subsection (a)(2) and (3), the words ''for the purposes of the
provision of this chapter to which the regulation relates'' are omitted
as surplus.
In subsection (a)(2), before subclause (A), the words ''any person
which does business in any one or more of the following capacities'' are
omitted as surplus. In subclause (F), the words ''savings bank,
building and loan association, credit union, industrial bank, or other''
are omitted as surplus. In subclause (T), the words ''agency of the
United States Government or of a State or local government'' are
substituted for ''Federal, State, or local government institution'' for
consistency. In subclause (U), the words ''type of'' are omitted as
surplus. The word ''agency'' is substituted for ''institution'' for
consistency.
In subsection (a)(3)(B)-(5), the word ''prescribe'' is substituted
for ''specify'' for consistency in the revised title and with other
titles of the United States Code.
In subsection (a)(3)(B), the words ''in addition'', and ''and such
types of'' are omitted as surplus. The words ''similar material'' are
substituted for ''the equivalent thereof'' for clarity.
In subsection (a)(4), the words ''in addition to its meaning under
section 1 of title 1'' are substituted for ''natural persons,
partnerships, . . . associations, corporations, and all entities
cognizable as legal personalities'' for consistency because 1:1 is
applicable to all laws unless otherwise provided. The words ''a
trustee, a representative of an estate'' are substituted for ''trusts,
estates'', and the word ''entity'' is substituted for ''department or
agency'', for consistency. The words ''either for the purpose of this
chapter generally or any particular requirement thereunder'' are omitted
as surplus.
In subsection (a)(5), the words ''used in a geographic sense'' are
omitted because of the restatement. The words ''either for the purposes
of this chapter generally or any particular requirement thereunder'' are
omitted as surplus. The words ''territory or'' are added for
consistency.
Subsection (b) is substituted for 31:1052(f) and (h) to eliminate
unnecessary words and for consistency.
Section 401 of the National Housing Act, referred to in subsec. (a)(
2)(E), which was classified to section 1724 of Title 12, Banks and
Banking, was repealed by Pub. L. 101-73, title IV, 407, Aug. 9, 1989,
103 Stat. 363.
The Securities Exchange Act of 1934, referred to in subsec. (a)(2)(
G), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is
classified principally to chapter 2B ( 78a et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the
Code, see section 78a of Title 15 and Tables.
1988 -- Subsec. (a)(2)(T) to (Y). Pub. L. 100-690, 6185(a), added
subpars. (T) to (Y) and struck out former subpars. (T) and (U) which
read as follows:
''(T) an agency of the United States Government or of a State or
local government carrying out a duty or power of a business described in
this clause (2), including the United States Postal Service; or
''(U) another business or agency carrying out a similar, related, or
substitute duty or power the Secretary of the Treasury prescribes.''
Subsec. (a)(5). Pub. L. 100-690, 6185(g)(1), inserted a comma after
''Puerto Rico'' and struck out second comma after ''Pacific Islands''.
1986 -- Subsec. (a)(2)(T). Pub. L. 99-570, 1362(a), which directed
that the Postal Service be included within United States agencies by
amending subsec. (a)(2)(U) of this section by inserting before the
semicolon at the end thereof the following '', including the United
States Postal Service'', was executed to subsec. (a)(2)(T) of this
section as the probable intent of Congress, because subsec. (a)(2)(U)
does not contain a semicolon and subsec. (a)(2)(T) relates to United
States agencies.
Subsec. (a)(5). Pub. L. 99-570, 1362(b), inserted ''the Virgin
Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust
Territory of the Pacific Islands,'' after ''Puerto Rico''.
18 sections 1956, 1957; title 19 sections 1401,
1607; title 26 section 6050I.
/1/ See References in Text note below.
31 USC 5313. Reports on domestic coins and currency transactions
TITLE 31 -- MONEY AND FINANCE
(a) When a domestic financial institution is involved in a
transaction for the payment, receipt, or transfer of United States coins
or currency (or other monetary instruments the Secretary of the Treasury
prescribes), in an amount, denomination, or amount and denomination, or
under circumstances the Secretary prescribes by regulation, the
institution and any other participant in the transaction the Secretary
may prescribe shall file a report on the transaction at the time and in
the way the Secretary prescribes. A participant acting for another
person shall make the report as the agent or bailee of the person and
identify the person for whom the transaction is being made.
(b) The Secretary may designate a domestic financial institution as
an agent of the United States Government to receive a report under this
section. However, the Secretary may designate a domestic financial
institution that is not insured, chartered, examined, or registered as a
domestic financial institution only if the institution consents. The
Secretary may suspend or revoke a designation for a violation of this
subchapter or a regulation under this subchapter (except a violation of
section 5315 of this title or a regulation prescribed under section
5315), section 411 /1/ of the National Housing Act (12 U.S.C. 1730d), or
section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b).
(c)(1) A person (except a domestic financial institution designated
under subsection (b) of this section) required to file a report under
this section shall file the report --
(A) with the institution involved in the transaction if the
institution was designated;
(B) in the way the Secretary prescribes when the institution was not
designated; or
(C) with the Secretary.
(2) The Secretary shall prescribe --
(A) the filing procedure for a domestic financial institution
designated under subsection (b) of this section; and
(B) the way the institution shall submit reports filed with it.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 996.)
In subsection (a), the words ''coins or'' are added, and the words
''prescribe'' and ''prescribes'' are substituted for ''specify'' in 31:
1081, and ''require'', for consistency. The words ''other parties
thereto or'' in 31:1082 are omitted as surplus. The words ''to the
Secretary'' in 31:1081 are omitted as unnecessary and for clarity. The
words ''in such detail'' are omitted as surplus. The words ''A
participant acting for another person shall make the report as the agent
or bailee of the person and identify the person for whom the transaction
is being made'' are substituted for 31:1082(last sentence) for clarity
and to eliminate unnecessary words.
In subsection (b), the words ''in his discretion'' and ''individually
or by class'' are omitted as surplus. The word ''Government'' is added
for consistency. The words ''or a regulation under this subchapter'',
are added because of the restatement. The words ''(except a violation
of section 5315 of this title or a regulation prescribed under section
5315)'' are added because 31: 1141-1143 was not enacted as a part of
the Currency and Foreign Transactions Reporting Act that is restated in
this subchapter.
In subsection (c)(1), clause (A) is substituted for ''with respect to
a domestic financial institution . . . with that institution'' for
clarity. Clause (C) is substituted for ''any such person may, at his
election and in lieu of filing the report in the manner hereinabove
prescribed, file the report with the Secretary'' to eliminate
unnecessary words.
Section 411 of the National Housing Act, referred to in subsec. (b),
which was classified to section 1730d of Title 12, Banks and Banking,
was repealed by Pub. L. 101-73, title IV, 407, Aug. 9, 1989, 103 Stat.
363.
title; title 18 sections 981,
982.
/1/ See References in Text note below.
31 USC 5314. Records and reports on foreign financial agency
transactions
TITLE 31 -- MONEY AND FINANCE
(a) Considering the need to avoid impeding or controlling the export
or import of monetary instruments and the need to avoid burdening
unreasonably a person making a transaction with a foreign financial
agency, the Secretary of the Treasury shall require a resident or
citizen of the United States or a person in, and doing business in, the
United States, to keep records, file reports, or keep records and file
reports, when the resident, citizen, or person makes a transaction or
maintains a relation for any person with a foreign financial agency.
The records and reports shall contain the following information in the
way and to the extent the Secretary prescribes:
(1) the identity and address of participants in a transaction or
relationship.
(2) the legal capacity in which a participant is acting.
(3) the identity of real parties in interest.
(4) a description of the transaction.
(b) The Secretary may prescribe --
(1) a reasonable classification of persons subject to or exempt from
a requirement under this section or a regulation under this section;
(2) a foreign country to which a requirement or a regulation under
this section applies if the Secretary decides applying the requirement
or regulation to all foreign countries is unnecessary or undesirable;
(3) the magnitude of transactions subject to a requirement or a
regulation under this section;
(4) the kind of transaction subject to or exempt from a requirement
or a regulation under this section; and
(5) other matters the Secretary considers necessary to carry out this
section or a regulation under this section.
(c) A person shall be required to disclose a record required to be
kept under this section or under a regulation under this section only as
required by law.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 997.)
In subsection (a), before clause (1), the words ''currency or
other'', ''legitimately'', ''by regulation'', and ''directly or
indirectly'' are omitted as surplus. The words ''for any person'' are
substituted for ''on behalf of himself or another'' to eliminate
unnecessary words. The words ''and to the extent'' are substituted for
''and in such detail'' for clarity. In clauses (1) and (2), the words
''participants'' and ''participant'' are substituted for ''parties'' for
consistency. In clause (2), the words ''to the transaction or
relationship'' are omitted as surplus. In clause (3), the words ''if
one or more of the parties are not acting solely as principals'' are
omitted as surplus. In clause (4), the words ''including the amounts of
money, credit, or other property involved'' are omitted as surplus.
In subsection (b), the words ''or a regulation under this section''
are added because of the restatement. The words ''or does not apply''
and ''uniform'' in clause (2) are omitted as surplus. In clause (5),
the words ''carry out'' are substituted for ''the application of'' for
consistency.
In subsection (c), the words ''produce or otherwise . . . the
contents of'' and ''in compliance with a subpena or summons duly
authorized and issued or . . . may otherwise be'' are omitted as
surplus. The words ''under a regulation'' are added because of the
restatement.
31 USC 5315. Reports on foreign currency transactions
TITLE 31 -- MONEY AND FINANCE
(a) Congress finds that --
(1) moving mobile capital can have a significant impact on the proper
functioning of the international monetary system;
(2) it is important to have the most feasible current and complete
information on the kind and source of capital flows, including
transactions by large United States businesses and their foreign
affiliates; and
(3) additional authority should be provided to collect information on
capital flows under section 5(b) of the Trading With the Enemy Act (50
App. U.S.C. 5(b)) and section 8 of the Bretton Woods Agreement Act (22
U.S.C. 286f).
(b) In this section, ''United States person'' and ''foreign person
controlled by a United States person'' have the same meanings given
those terms in section 7(f)(2)(A) and (C), respectively, of the
Securities and Exchange Act of 1934 (15 U.S.C. 78g(f)(2)(A), (C)).
(c) The Secretary of the Treasury shall prescribe regulations
consistent with subsection (a) of this section requiring reports on
foreign currency transactions conducted by a United States person or a
foreign person controlled by a United States person. The regulations
shall require that a report contain information and be submitted at the
time and in the way, with reasonable exceptions and classifications,
necessary to carry out this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 997.)
In subsection (a)(3), the words ''it is desirable to emphasize this
objective . . . existing legal'' are omitted as unnecessary.
In subsection (c), the words ''(hereafter referred to as the
'Secretary')'' are omitted because of the restatement. The words
''under the authority of this subchapter and any other authority
conferred by law'' are omitted as surplus. The word ''prescribe'' is
substituted for ''supplement'' for clarity. The words ''the statement
of findings under'' and ''the submission of'' are omitted as surplus.
The words ''Reports required under this subchapter shall cover foreign
currency transactions'' are omitted because of the restatement. The
words ''such terms are'' and ''the policy of'' are omitted as surplus.
Section 5(b) of the Trading With the Enemy Act, referred to in
subsec. (a)(3), is also classified to section 95a of Title 12, Banks
and Banking.
31 USC 5316. Reports on exporting and importing monetary instruments
TITLE 31 -- MONEY AND FINANCE
(a) Except as provided in subsection (c) of this section, a person or
an agent or bailee of the person shall file a report under subsection
(b) of this section when the person, agent, or bailee knowingly --
(1) transports, is about to transport, or has transported, monetary
instruments of more than $10,000 at one time --
(A) from a place in the United States to or through a place outside
the United States; or
(B) to a place in the United States from or through a place outside
the United States; or
(2) receives monetary instruments of more than $10,000 at one time
transported into the United States from or through a place outside the
United States.
(b) A report under this section shall be filed at the time and place
the Secretary of the Treasury prescribes. The report shall contain the
following information to the extent the Secretary prescribes:
(1) the legal capacity in which the person filing the report is
acting.
(2) the origin, destination, and route of the monetary instruments.
(3) when the monetary instruments are not legally and beneficially
owned by the person transporting the instruments, or if the person
transporting the instruments personally is not going to use them, the
identity of the person that gave the instruments to the person
transporting them, the identity of the person who is to receive them, or
both.
(4) the amount and kind of monetary instruments transported.
(5) additional information.
(c) This section or a regulation under this section does not apply to
a common carrier of passengers when a passenger possesses a monetary
instrument, or to a common carrier of goods if the shipper does not
declare the instrument.
(d) Cumulation of Closely Related Events. -- The Secretary of the
Treasury may prescribe regulations under this section defining the term
''at one time'' for purposes of subsection (a). Such regulations may
permit the cumulation of closely related events in order that such
events may collectively be considered to occur at one time for the
purposes of subsection (a).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98-473, title
II, 901(c), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title I,
1358, title III, 3153, Oct. 27, 1986, 100 Stat. 3207-26, 3207-94.)
In subsection (a), before clause (1), the words ''a person or an
agent or bailee of the person shall'' are substituted for ''whoever,
whether as principal, agent, or bailee, or by an agent or bailee'' for
consistency. The words ''or reports'' are omitted as unnecessary
because of 1:1. In clause (2), the words ''transported into the United
States'' are substituted for ''at the termination of their
transportation to the United States'' for consistency and to eliminate
unnecessary words.
In subsection (b), before clause (1), the word ''required'' is
omitted as surplus. The word ''prescribes'' is substituted for
''require'' for consistency in the revised title and with other titles
of the United States Code. The words ''to the extent'' are substituted
for ''in such detail'' for clarity. In clause (1), the words ''with
respect to the monetary instruments transported'' are omitted as
surplus. In clause (3), the words ''or if the person transporting the
instruments personally is not going to use them'' are substituted for
''or are transported for any purpose other than the use in his own
behalf of the person transporting the same'' for clarity.
In subsection (c), the words ''or a regulation under this section''
are added because of the restatement.
1986 -- Subsec. (a)(1). Pub. L. 99-570, 1358(b), substituted
''transports, is about to transport, or has transported'' for
''transports or has transported, or attempts to transport or have
transported''.
Subsec. (a)(2). Pub. L. 99-570, 1358(c), 3153, made identical
amendments substituting ''$10,000'' for ''$5,000''.
Subsec. (d). Pub. L. 99-570, 1358(a), added subsec. (d).
1984 -- Subsec. (a)(1). Pub. L. 98-473 inserted '', or attempts to
transport or have transported,'' after ''transports or has transported''
and substituted ''$10,000'' for ''$5,000''.
Section 1364(d) of Pub. L. 99-570 provided that: ''Any regulation
prescribed under the amendments made by section 1358 (amending this
section) shall apply with respect to transactions completed after the
effective date of such regulation.''
31 USC 5317. Search and forfeiture of monetary instruments
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Treasury may apply to a court of competent
jurisdiction for a search warrant when the Secretary reasonably believes
a monetary instrument is being transported and a report on the
instrument under section 5316 of this title has not been filed or
contains a material omission or misstatement. The Secretary shall
include a statement of information in support of the warrant. On a
showing of probable cause, the court may issue a search warrant for a
designated person or a designated or described place or physical object.
This subsection does not affect the authority of the Secretary under
another law.
(b) Searches at Border. -- For purposes of ensuring compliance with
the requirements of section 5316, a customs officer may stop and search,
at the border and without a search warrant, any vehicle, vessel,
aircraft, or other conveyance, any envelope or other container, and any
person entering or departing from the United States.
(c) If a report required under section 5316 with respect to any
monetary instrument is not filed (or if filed, contains a material
omission or misstatement of fact), the instrument and any interest in
property, including a deposit in a financial institution, traceable to
such instrument may be seized and forfeited to the United States
Government. A monetary instrument transported by mail or a common
carrier, messenger, or bailee is being transported under this subsection
from the time the instrument is delivered to the United States Postal
Service, common carrier, messenger, or bailee through the time it is
delivered to the addressee, intended recipient, or agent of the
addressee or intended recipient without being transported further in, or
taken out of, the United States.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98-473, title
II, 901(d), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title I,
1355, Oct. 27, 1986, 100 Stat. 3207-22.)
In subsection (a), the words ''The Secretary shall include a
statement of information in support of the warrant'' are substituted for
31:1105(a)(last sentence) to eliminate unnecessary words and for
consistency. The word ''for'' is substituted for ''authorizing the
search of . . . all of the following'' to eliminate unnecessary words.
The words ''or more'' are omitted as unnecessary because the singular
includes the plural under 1:1. The words ''or premises'', ''letters,
parcels, packages, or other'', and ''vehicles'' are omitted as surplus.
In subsection (b), the words ''either'' and ''the possession of'' are
omitted as surplus. The words ''United States Postal Service'' are
substituted for ''postal service'' for consistency with title 39. The
words ''or retained in'' are omitted as surplus.
1986 -- Subsec. (b). Pub. L. 99-570, 1355(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''A
customs officer may stop and search, without a search warrant, a
vehicle, vessel, aircraft, or other conveyance, envelope or other
container, or person entering or departing from the United States with
respect to which or whom the officer has reasonable cause to believe
there is a monetary instrument being transported in violation of section
5316 of this title.''
Subsec. (c). Pub. L. 99-570, 1355(b), amended first sentence
generally. Prior to amendment, first sentence read as follows: ''A
monetary instrument being transported may be seized and forfeited to the
United States Government when a report on the instrument under section
5316 of this title has not been filed or contains a material omission or
misstatement.''
1984 -- Subsecs. (b), (c). Pub. L. 98-473, 901, added subsec. (b)
and redesignated former subsec. (b) as (c).
Section 1364(b) of Pub. L. 99-570 provided that: ''The amendments
made by sections 1355(b) and 1357(a) (amending this section and section
5321 of this title) shall apply with respect to violations committed
after the end of the 3-month period beginning on the date of the
enactment of this Act (Oct. 27, 1986).''
31 USC 5318. Compliance, exemptions, and summons authority
TITLE 31 -- MONEY AND FINANCE
(a) General Powers of Secretary. -- The Secretary of the Treasury may
(except under section 5315 of this title and regulations prescribed
under section 5315) --
(1) except as provided in subsection (b)(2), delegate duties and
powers under this subchapter to an appropriate supervising agency or the
Postal Inspection Service and the Postal Service;
(2) require a class of domestic financial institutions to maintain
appropriate procedures to ensure compliance with this subchapter and
regulations prescribed under this subchapter;
(3) examine any books, papers, records, or other data of domestic
financial institutions relevant to the recordkeeping or reporting
requirements of this subchapter;
(4) summon a financial institution, an officer or employee of a
financial institution (including a former officer or employee), or any
person having possession, custody, or care of the reports and records
required under this subchapter, to appear before the Secretary of the
Treasury or his delegate at a time and place named in the summons and to
produce such books, papers, records, or other data, and to give
testimony, under oath, as may be relevant or material to an
investigation described in subsection (b); and
(5) prescribe an appropriate exemption from a requirement under this
subchapter and regulations prescribed under this subchapter. The
Secretary may revoke an exemption by actually or constructively
notifying the parties affected. A revocation is effective during
judicial review.
(b) Limitations on Summons Power. --
(1) Scope of power. -- The Secretary of the Treasury may take any
action described in paragraph (3) or (4) of subsection (a) only in
connection with investigations for the purpose of civil enforcement of
violations of this subchapter, section 21 of the Federal Deposit
Insurance Act, section 411 /1/ of the National Housing Act, or chapter 2
of Public Law 91-508 (12 U.S.C. 1951 et seq.) or any regulation under
any such provision.
(2) Authority to issue. -- A summons may be issued under subsection
(a)(4) only by, or with the approval of, the Secretary of the Treasury
or a supervisory level delegate of the Secretary of the Treasury.
(c) Administrative Aspects of Summons. --
(1) Production at designated site. -- A summons issued pursuant to
this section may require that books, papers, records, or other data
stored or maintained at any place be produced at any designated location
in any State or in any territory or other place subject to the
jurisdiction of the United States not more than 500 miles distant from
any place where the financial institution operates or conducts business
in the United States.
(2) Fees and travel expenses. -- Persons summoned under this section
shall be paid the same fees and mileage for travel in the United States
that are paid witnesses in the courts of the United States.
(3) No liability for expenses. -- The United States shall not be
liable for any expense, other than an expense described in paragraph
(2), incurred in connection with the production of books, papers,
records, or other data under this section.
(d) Service of Summons. -- Service of a summons issued under this
section may be by registered mail or in such other manner calculated to
give actual notice as the Secretary may prescribe by regulation.
(e) Contumacy or Refusal. --
(1) Referral to attorney general. -- In case of contumacy by a person
issued a summons under paragraph (3) or (4) of subsection (a) or a
refusal by such person to obey such summons, the Secretary of the
Treasury shall refer the matter to the Attorney General.
(2) Jurisdiction of court. -- The Attorney General may invoke the aid
of any court of the United States within the jurisdiction of which --
(A) the investigation which gave rise to the summons is being or has
been carried on;
(B) the person summoned is an inhabitant; or
(C) the person summoned carries on business or may be found,
to compel compliance with the summons.
(3) Court order. -- The court may issue an order requiring the person
summoned to appear before the Secretary or his delegate to produce
books, papers, records, and other data, to give testimony as may be
necessary to explain how such material was compiled and maintained, and
to pay the costs of the proceeding.
(4) Failure to comply with order. -- Any failure to obey the order of
the court may be punished by the court as a contempt thereof.
(5) Service of process. -- All process in any case under this
subsection may be served in any judicial district in which such person
may be found.
(f) Written and Signed Statement Required. -- No person shall qualify
for an exemption under subsection (a)(5) unless the relevant financial
institution prepares and maintains a statement which --
(1) describes in detail the reasons why such person is qualified for
such exemption; and
(2) contains the signature of such person.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 999; Pub. L. 99-570, title
I, 1356(a), (b), (c)(2), Oct. 27, 1986, 100 Stat. 3207-23, 3207-24;
Pub. L. 100-690, title VI, 6185(e), 6469(c), Nov. 18, 1988, 102 Stat.
4357, 4377.)
In the section, before clause (1), the words ''have the
responsibility to assure compliance with the requirements of this
chapter'' in 31:1054(a) are omitted as unnecessary because of section
321 of the revised title. The words ''(except under section 5315 of
this title and regulations prescribed under section 5315)'' are added
because 31:1141-1143 was not enacted as a part of the Currency and
Foreign Transactions Reporting Act that is restated in this subchapter.
In clause (1), the words ''duties and powers'' are substituted for
''responsibilities'' for consistency in the revised title and with other
titles of the United States Code. The words ''bank supervisory agency,
or other'' are omitted as surplus. In clause (2), the words ''by
regulation'' and ''as he may deem'' are omitted as surplus. The words
''and regulations prescribed under this subchapter'' are added because
of the restatement. In clause (3), the word ''prescribe'' is
substituted for ''make'' in 31:1055 for consistency in the revised title
and with other titles of the Code. The words ''otherwise imposed'',
31:1055(1st sentence), and the words ''in his discretion'' are omitted
as surplus.
Section 21 of the Federal Deposit Insurance Act, referred to in
subsec. (b)(1), is classified to section 1829b of Title 12, Banks and
Banking.
Section 411 of the National Housing Act, referred to in subsec. (b)(
1), which was classified to section 1730d of Title 12, was repealed by
Pub. L. 101-73, title IV, 407, Aug. 9, 1989, 103 Stat. 363.
Chapter 2 of Public Law 91-508 (12 U.S.C. 1951 et seq.), referred to
in subsec. (b)(1), probably means chapter 2 ( 121 to 129) of title I of
Pub. L. 91-508, Oct. 26, 1970, 84 Stat. 1116, which is classified
generally to chapter 21 ( 1951 et seq.) of Title 12.
1988 -- Subsec. (a)(1). Pub. L. 100-690, 6469(c), inserted ''or the
Postal Inspection Service'' after ''appropriate supervising agency''.
Pub. L. 100-690, 6185(e), inserted ''and the Postal Service'' after
''appropriate supervising agency''.
1986 -- Pub. L. 99-570, 1356(c)(2), substituted ''Compliance,
exemptions, and summons authority'' for ''Compliance and exemptions'' in
section catchline.
Subsec. (a). Pub. L. 99-570, 1356(a)(1)-(5), designated existing
provisions as subsec. (a), added subsec. heading, inserted ''except as
provided in subsection (b)(2),'' in par. (1), added pars. (3) and (4),
and redesignated former par. (3) as (5).
Subsecs. (b) to (e). Pub. L. 99-570, 1356(a)(6), added subsecs. (b)
to (e).
Subsec. (f). Pub. L. 99-570, 1356(b), added subsec. (f).
/1/ See References in Text note below.
31 USC 5319. Availability of reports
TITLE 31 -- MONEY AND FINANCE
The Secretary of the Treasury shall make information in a report
filed under section 5313, 5314, or 5316 of this title available to an
agency on request of the head of the agency. The report shall be
available for a purpose consistent with those sections or a regulation
prescribed under those sections. However, a report and records of
reports are exempt from disclosure under section 552 of title 5.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 999.)
The words ''upon such conditions and pursuant to such procedures as
he may by regulation prescribe'' and ''set forth'' in 31:1061, and the
word ''specifically'' in 31:1052(j), are omitted as surplus.
31 USC 5320. Injunctions
TITLE 31 -- MONEY AND FINANCE
When the Secretary of the Treasury believes a person has violated, is
violating, or will violate this subchapter or a regulation prescribed or
order issued under this subchapter, the Secretary may bring a civil
action in the appropriate district court of the United States or
appropriate United States court of a territory or possession of the
United States to enjoin the violation or to enforce compliance with the
subchapter, regulation, or order. An injunction or temporary
restraining order shall be issued without bond.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 999.)
The words ''has violated, is violating, or will violate this
subchapter'' are substituted for ''has engaged, is engaged, or is about
to engage in any acts or practices constituting a violation of the
provisions of this chapter'' in 31:1057 and ''failed to submit a report
required under any rule or regulation issued under this subchapter or
has violated any rule or regulation issued hereunder'' in 31:1143(b)(
words before last comma) to eliminate unnecessary words. The words ''or
a regulation prescribed'' are added because of the restatement. The
words ''in his discretion'' are omitted as surplus. The word ''civil''
is added because of rule 2 of the Federal Rules of Civil Procedure (28
App. U.S.C.). The word ''possession'' is substituted for ''other place
subject to the jurisdiction'' for consistency in the revised title and
with other titles of the United States Code. The words ''or to enforce
compliance with the subchapter, regulation, or order'' are substituted
for 31:1057(last sentence) and the words ''a mandatory injunction
commanding such person to comply with such rule or regulation'' in 31:
1143(b)(words before last comma) to eliminate unnecessary words. The
words ''and upon a proper showing . . . permanent or'' are omitted as
surplus.
31 USC 5321. Civil penalties
TITLE 31 -- MONEY AND FINANCE
(a)(1) A domestic financial institution, and a partner, director,
officer, or employee of a domestic financial institution, willfully
violating this subchapter or a regulation prescribed under this
subchapter (except sections 5314 and 5315 of this title or a regulation
prescribed under sections 5314 and 5315) is liable to the United States
Government for a civil penalty of not more than the greater of the
amount (not to exceed $100,000) involved in the transaction (if any) or
$25,000. For a violation of section 5318(a)(2) of this title or a
regulation prescribed under section 5318(a)(2), a separate violation
occurs for each day the violation continues and at each office, branch,
or place of business at which a violation occurs or continues.
(2) The Secretary of the Treasury may impose an additional civil
penalty on a person not filing a report, or filing a report containing a
material omission or misstatement, under section 5316 of this title or a
regulation prescribed under section 5316. A civil penalty under this
paragraph may not be more than the amount of the monetary instrument for
which the report was required. A civil penalty under this paragraph is
reduced by an amount forfeited under section 5317(b) of this title.
(3) A person not filing a report under a regulation prescribed under
section 5315 of this title or not complying with an injunction under
section 5320 of this title enjoining a violation of, or enforcing
compliance with, section 5315 or a regulation prescribed under section
5315, is liable to the Government for a civil penalty of not more than
$10,000.
(4) Structured Transaction Violation. --
(A) Penalty authorized. -- The Secretary of the Treasury may impose a
civil money penalty on any person who willfully violates any provision
of section 5324.
(B) Maximum amount limitation. -- The amount of any civil money
penalty imposed under subparagraph (A) shall not exceed the amount of
the coins and currency (or such other monetary instruments as the
Secretary may prescribe) involved in the transaction with respect to
which such penalty is imposed.
(C) Coordination with forfeiture provision. -- The amount of any
civil money penalty imposed by the Secretary under subparagraph (A)
shall be reduced by the amount of any forfeiture to the United States
under section 5317(d) in connection with the transaction with respect to
which such penalty is imposed.
(5) Foreign Financial Agency Transaction Violation. --
(A) Penalty authorized. -- The Secretary of the Treasury may impose a
civil money penalty on any person who willfully violates any provision
of section 5314.
(B) Maximum amount limitation. -- The amount of any civil money
penalty imposed under subparagraph (A) shall not exceed --
(i) in the case of violation of such section involving a transaction,
the greater of --
(I) the amount (not to exceed $100,000) of the transaction; or
(II) $25,000; and
(ii) in the case of violation of such section involving a failure to
report the existence of an account or any identifying information
required to be provided with respect to such account, the greater of --
(I) an amount (not to exceed $100,000) equal to the balance in the
account at the time of the violation; or
(II) $25,000.
(6) Negligence. -- The Secretary of the Treasury may impose a civil
money penalty of not more than $500 on any financial institution which
negligently violates any provision of this subchapter or any regulation
prescribed under this subchapter.
(b) Time Limitations for Assessments and Commencement of Civil
Actions. --
(1) Assessments. -- The Secretary of the Treasury may assess a civil
penalty under subsection (a) at any time before the end of the 6-year
period beginning on the date of the transaction with respect to which
the penalty is assessed.
(2) Civil actions. -- The Secretary may commence a civil action to
recover a civil penalty assessed under subsection (a) at any time before
the end of the 2-year period beginning on the later of --
(A) the date the penalty was assessed; or
(B) the date any judgment becomes final in any criminal action under
section 5322 in connection with the same transaction with respect to
which the penalty is assessed.
(c) The Secretary may remit any part of a forfeiture under subsection
(c) or (d) of section 5317 of this title or civil penalty under
subsection (a)(2) of this section.
(d) Criminal Penalty Not Exclusive of Civil Penalty. -- A civil money
penalty may be imposed under subsection (a) with respect to any
violation of this subchapter notwithstanding the fact that a criminal
penalty is imposed with respect to the same violation.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 999; Pub. L. 98-473, title
II, 901(a), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title I,
1356(c)(1), 1357(a)-(f), (h), Oct. 27, 1986, 100 Stat. 3207-24 --
3207-26; Pub. L. 100-690, title VI, 6185(g)(2), Nov. 18, 1988, 102
Stat. 4357.)
In subsection (a)(1), the words ''or a regulation prescribed under
this subchapter'' are added because of the restatement. The words
''(except section 5315 of this title or a regulation prescribed under
section 5315)'' are added because 31:1141-1143 was not enacted as a part
of the Currency and Foreign Transactions Reporting Act that is restated
in this subchapter. The words ''is liable to the United States
Government for'' are substituted for ''the Secretary may assess upon''
in 31:1056(a) for consistency in the revised title and with other titles
of the United States Code. The words ''the purposes of both civil and
criminal penalties for'' in 31:1054(b)(last sentence)( related to civil
penalties) are omitted, and the words ''or a regulation prescribed under
section 5318(2)'' are added, because of the restatement. The words
''the violation continues'' are added for consistency in the revised
title and with other titles of the Code. The word ''separate'' before
''office'' is omitted as surplus.
In subsection (a)(2), the word ''impose'' is substituted for
''assess'' for consistency in the revised title and with other titles of
the Code. The word ''additional'' is substituted for 31:1103(last
sentence words before last comma) to eliminate unnecessary words. The
words ''or a regulation prescribed under section 5316'' are added
because of the restatement. The words ''amount of this'', ''to be
filed'', and ''actually'' are omitted as surplus.
Subsection (a)(3) is substituted for 31:1143(a) and (b)(words after
last comma) for clarity and consistency and because of the restatement.
In subsection (b), the words ''in the discretion of'', ''in the name
of the United States'', and ''of any person'' are omitted as surplus.
In subsection (c), the words ''in his discretion'' and ''upon such
terms and conditions as he deems reasonable and just'' are omitted as
surplus. The word ''civil'' is added for clarity.
1988 -- Subsec. (a)(1). Pub. L. 100-690 inserted ''(if any)'' after
''transaction''.
1986 -- Subsec. (a)(1). Pub. L. 99-570, 1356(c)(1), 1357(b),
substituted ''sections 5314 and 5315'' for ''section 5315'' in two
places, substituted ''5318(a)(2)'' for ''5318(2)'' in two places, and
substituted ''the greater of the amount (not to exceed $100,000)
involved in the transaction or $25,000'' for ''$10,000''.
Subsec. (a)(4). Pub. L. 99-570, 1357(a), added par. (4).
Subsec. (a)(5). Pub. L. 99-570, 1357(c), added par. (5).
Subsec. (a)(6). Pub. L. 99-570, 1357(d), added par. (6).
Subsec. (b). Pub. L. 99-570, 1357(e), amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''The Secretary may
bring a civil action to recover a civil penalty under subsection (a)(1)
or (2) of this section that has not been paid.''
Subsec. (c). Pub. L. 99-570, 1357(h), substituted ''subsection (c) or
(d) of section 5317'' for ''section 5317(b)''.
Subsec. (d). Pub. L. 99-570, 1357(f), added subsec. (d).
1984 -- Subsec. (a)(1). Pub. L. 98-473 substituted ''$10,000'' for
''$1,000''.
Amendment by section 1357(a) of Pub. L. 99-570, applicable with
respect to violations committed after the end of the 3-month period
beginning Oct. 27, 1986, see section 1364(b) of Pub. L. 99-570, set
out as a note under section 5317 of this title.
Section 1364(c) of Pub. L. 99-570 provided that: ''The amendments
made by section 1357 (other than subsection (a) of such section)
(amending sections 5321 and 5322 of this title) shall apply with respect
to violations committed after the date of the enactment of this Act
(Oct. 27, 1986).''
31 USC 5322. Criminal penalties
TITLE 31 -- MONEY AND FINANCE
(a) A person willfully violating this subchapter or a regulation
prescribed under this subchapter (except section 5315 of this title or a
regulation prescribed under section 5315) shall be fined not more than
$250,000, or imprisonment /1/ not more than five years, or both.
(b) A person willfully violating this subchapter or a regulation
prescribed under this subchapter (except section 5315 of this title or a
regulation prescribed under section 5315), while violating another law
of the United States or as part of a pattern of any illegal activity
involving more than $100,000 in a 12-month period, shall be fined not
more than $500,000, imprisoned for not more than 10 years, or both.
(c) For a violation of section 5318(a)(2) of this title or a
regulation prescribed under section 5318(a)(2), a separate violation
occurs for each day the violation continues and at each office, branch,
or place of business at which a violation occurs or continues.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98-473,
title II, 901(b), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title
I, 1356(c)(1), 1357(g), Oct. 27, 1986, 100 Stat. 3207-24, 3207-26.)
In subsections (a) and (b), the words ''(except section 5315 of this
title or a regulation prescribed under section 5315)'' are added because
31:1141-1143 was not enacted as part of the Currency and Foreign
Transactions Reporting Act that is restated in the subchapter.
In subsection (a), the word ''prescribed'' is added for consistency.
In subsection (b), the words ''or a regulation prescribed under this
subchapter'' are added because of the restatement. The words
''committed'' and ''the commission of'' are omitted as surplus. The
words ''United States'' are substituted for ''Federal'' for consistency
in the revised title and with other titles of the United States Code.
In subsection (c), the words ''the purposes of both civil and
criminal penalties for'' are omitted because of the restatement. The
word ''separate'' before ''office'' is omitted as surplus.
1986 -- Subsec. (b). Pub. L. 99-570, 1357(g), substituted ''any
illegal activity involving'' for ''illegal activity involving
transactions of'' and ''10 years'' for ''5 years''.
Subsec. (c). Pub. L. 99-570, 1356(c)(1), substituted ''5318(a)(2)''
for ''5318(2)'' in two places.
1984 -- Subsec. (a). Pub. L. 98-473, which directed the substitution
of ''$250,000, or imprisonment not more than five years, or both'' for
''$1,000, or imprisonment not more than one year, or both'', was
executed by substituting the quoted wording for ''$1,000, imprisoned for
not more than one year, or both'' to reflect the probable intent of
Congress.
Amendment by section 1357(g) of Pub. L. 99-570 applicable with
respect to violations committed after Oct. 27, 1986, see section 1364(
c) of Pub. L. 99-570, set out as a note under section 5321 of this
title.
/1/ So in original. Probably should be ''imprisoned for''.
31 USC 5323. Rewards for informants
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary may pay a reward to an individual who provides
original information which leads to a recovery of a criminal fine, civil
penalty, or forfeiture, which exceeds $50,000, for a violation of this
chapter.
(b) The Secretary shall determine the amount of a reward under this
section. The Secretary may not award more than 25 per centum of the net
amount of the fine, penalty, or forfeiture collected or $150,000,
whichever is less.
(c) An officer or employee of the United States, a State, or a local
government who provides information described in subsection (a) in the
performance of official duties is not eligible for a reward under this
section.
(d) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section.
(Added Pub. L. 98-473, title II, 901(e), Oct. 12, 1984, 98 Stat.
2135.)
31 USC 5324. Structuring transactions to evade reporting requirement
prohibited
TITLE 31 -- MONEY AND FINANCE
No person shall for the purpose of evading the reporting requirements
of section 5313(a) with respect to such transaction --
(1) cause or attempt to cause a domestic financial institution to
fail to file a report required under section 5313(a);
(2) cause or attempt to cause a domestic financial institution to
file a report required under section 5313(a) that contains a material
omission or misstatement of fact; or
(3) structure or assist in structuring, or attempt to structure or
assist in structuring, any transaction with one or more domestic
financial institutions.
(Added Pub. L. 99-570, title I, 1354(a), Oct. 27, 1986, 100 Stat.
3207-22.)
Section 1364(a) of Pub. L. 99-570 provided that: ''The amendment
made by section 1354 (enacting this section) shall apply with respect to
transactions for the payment, receipt, or transfer of United States
coins or currency or other monetary instruments completed after the end
of the 3-month period beginning on the date of the enactment of this Act
(Oct. 27, 1986).''
31 USC 5325. Identification required to purchase certain monetary
instruments
TITLE 31 -- MONEY AND FINANCE
(a) In General. -- No financial institution may issue or sell a bank
check, cashier's check, traveler's check, or money order to any
individual in connection with a transaction or group of such
contemporaneous transactions which involves United States coins or
currency (or such other monetary instruments as the Secretary may
prescribe) in amounts or denominations of $3,000 or more unless --
(1) the individual has a transaction account with such financial
institution and the financial institution --
(A) verifies that fact through a signature card or other information
maintained by such institution in connection with the account of such
individual; and
(B) records the method of verification in accordance with regulations
which the Secretary of the Treasury shall prescribe; or
(2) the individual furnishes the financial institution with such
forms of identification as the Secretary of the Treasury may require in
regulations which the Secretary shall prescribe and the financial
institution verifies and records such information in accordance with
regulations which such Secretary shall prescribe.
(b) Report to Secretary Upon Request. -- Any information required to
be recorded by any financial institution under paragraph (1) or (2) of
subsection (a) shall be reported by such institution to the Secretary of
the Treasury at the request of such Secretary.
(c) Transaction Account Defined. -- For purposes of this section, the
term ''transaction account'' has the meaning given to such term in
section 19(b)(1)(C) of the Federal Reserve Act.
(Added Pub. L. 100-690, title VI, 6185(b), Nov. 18, 1988, 102 Stat.
4355.)
Section 19(b)(1)(C) of the Federal Reserve Act, referred to in
subsec. (c), is classified to section 461(b)(1)(C) of Title 12, Banks
and Banking.
31 USC 5326. Records of certain domestic coin and currency transactions
TITLE 31 -- MONEY AND FINANCE
(a) In General. -- If the Secretary of the Treasury finds, upon the
Secretary's own initiative or at the request of an appropriate Federal
or State law enforcement official, that reasonable grounds exist for
concluding that additional recordkeeping and reporting requirements are
necessary to carry out the purposes of this subtitle and prevent
evasions thereof, the Secretary may issue an order requiring any
domestic financial institution or group of domestic financial
institutions in a geographic area --
(1) to obtain such information as the Secretary may describe in such
order concerning --
(A) any transaction in which such financial institution is involved
for the payment, receipt, or transfer of United States coins or currency
(or such other monetary instruments as the Secretary may describe in
such order) the total amounts or denominations of which are equal to or
greater than an amount which the Secretary may prescribe; and
(B) any other person participating in such transaction;
(2) to maintain a record of such information for such period of time
as the Secretary may require; and
(3) to file a report with respect to any transaction described in
paragraph (1)(A) in the manner and to the extent specified in the order.
(b) Maximum Effective Period for Order. -- No order issued under
subsection (a) shall be effective for more than 60 days unless renewed
pursuant to the requirements of subsection (a).
(Added Pub. L. 100-690, title VI, 6185(c), Nov. 18, 1988, 102 Stat.
4355.)
31 USC SUBTITLE V -- GENERAL ASSISTANCE ADMINISTRATION
TITLE 31 -- MONEY AND FINANCE
Chap. Sec.
61. Program Information 6101
62. Consolidated Federal Funds Report 6201
63. Using Procurement Contracts and Grant and Cooperative Agreements
6301
65. Intergovernmental Cooperation 6501
(67. lRepealed.)
69. Payment for Entitlement Land 6901
71. Joint Funding Simplification 7101
73. Administering Block Grants 7301
75. Requirements for Single Audits 7501
1986 -- Pub. L. 99-547, 2(c), Oct. 27, 1986, 100 Stat. 3060, added
item for chapter 62.
Pub. L. 99-272, title XIV, 14001(b)(1), Apr. 7, 1986, 100 Stat.
328, struck out item for chapter 67 ''Revenue Sharing''.
1984 -- Pub. L. 98-502, 2(c), Oct. 19, 1984, 98 Stat. 2334, added
item for chapter 75.
31 USC CHAPTER 61 -- PROGRAM INFORMATION
TITLE 31 -- MONEY AND FINANCE
Sec.
6101. Definitions.
6102. Program information requirements.
6102a. Assistance awards information system.
6103. Access to computer information system.
6104. Catalog of Federal domestic assistance programs.
6105. Oversight responsibility of Director.
6106. Authorization of appropriations.
1983 -- Pub. L. 98-169, 6, Nov. 29, 1983, 97 Stat. 1115, added
items 6105 and 6106, and struck out item 6105 ''Authorization of
appropriations''.
Pub. L. 97-452, 1(23)(B), Jan. 12, 1983, 96 Stat. 2478, added item
6102a.
31 USC 6101. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''administering office'' means the lowest unit of an agency
responsible for managing a domestic assistance program.
(2) ''agency'' has the same meaning given that term in section 551(
1) of title 5.
(3) ''assistance'' --
(A) means the transfer of anything of value for a public purpose of
support or stimulation authorized by a law of the United States,
including --
(i) financial assistance;
(ii) United States Government facilities, services, and property;
and
(iii) expert and technical information; and
(B) does not include conventional public information services or
procurement of property or services for the direct benefit or use of the
Government.
(4) ''domestic assistance program'' --
(A) means assistance from an agency for --
(i) a State;
(ii) the District of Columbia;
(iii) a territory or possession of the United States;
(iv) a county;
(v) a city;
(vi) a political subdivision or instrumentality of a governmental
authority listed in subclauses (i)-(v) of this clause (A);
(vii) a domestic corporation;
(viii) a domestic institution; and
(ix) an individual of the United States; and
(B) does not include assistance from an agency for an agency /1/
(5) ''Director'' means the Director of the Office of Management and
Budget.
(6) ''Administrator'' means the Administrator of General Services.
(7) ''formula'' means any prescribed method employing objective data
or statistical estimates for making individual determinations among
recipients of Federal funds, either in terms of eligibility or actual
funding allocations, that can be written in the form of either --
(A) a closed mathematical statement; or
(B) an iterative procedure or algorithm which can be written as a
computer program;
and from which the results can be objectively replicated, within
reasonable limits due to rounding error, through independent application
of such statement, procedures, or algorithm, by different qualified
individuals.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98-169,
1(1), 3(a), Nov. 29, 1983, 97 Stat. 1113; Pub. L. 99-547, 2(b)(2),
Oct. 27, 1986, 100 Stat. 3060.)
In the section, the word ''Federal'' is omitted as unnecessary.
In clause (1), the word ''unit'' is substituted for ''subdivision''
for consistency in the revised title. The words ''direct operational''
are omitted as unnecessary.
In clause (3)(A), the words ''money, property, services, or'' are
omitted as being included in ''anything of value''. The word ''for'' is
substituted for ''the principal purpose of which is to accomplish'' to
eliminate unnecessary words. In subclause (i), the words ''grants,
loans, loan guarantees, scholarships, mortgage loans, insurance or other
types of'' are omitted as being included in ''financial assistance''.
In subclause (ii), the word ''goods'' is omitted as being included in
''property''. The words ''and service activities of regulatory
agencies'' are omitted as being included in ''services''. In subclause
(iii), the words ''expert and technical information'' are substituted
for ''technical assistance, and counseling, statistical and other expert
information'' to eliminate unnecessary words.
In clause (3)(B), the words ''or procurement of property or services
for the direct benefit or use of the Government'' are added for
consistency in subtitle V of the revised title.
In clause (4)(A), the words ''or benefits'' are omitted as being
included in ''assistance''. Subclause (ii) is included for consistency
in the revised title because the District of Columbia is stated when a
provision is meant to apply to the District. In subclause (vi), the
word ''grouping'' is omitted as being included in ''political
subdivision or instrumentality''. In subclauses (vii)-(ix), the words
''profit or nonprofit'' are omitted as surplus. In subclause (ix), the
words ''individual of the United States'' are substituted for ''domestic
. . . individual'' for clarity.
1986 -- Par. (4)(B). Pub. L. 99-547 substituted ''assistance from an
agency for an agency'' for ''a department, agency, or instrumentality of
the Government.''
1983 -- Pars. (5), (6). Pub. L. 98-169, 1(1), added pars. (5) and
(6).
Par. (7). Pub. L. 98-169, 3(a), added par. (7).
Section 7 of Pub. L. 98-169 provided that: ''The Director of the
Office of Management and Budget shall transfer to the Administrator of
General Services such personnel, property, records, and unexpended
balances of appropriations available in connection with any authorities
and responsibilities so transferred, as the Director of the Office of
Management and Budget determines are necessary to carry out the
responsibilities transferred pursuant to this Act (enacting sections
6105 and 6106 of this title, amending sections 6101 to 6104 of this
title and repealing section 6105 of this title).''
Ex. Ord. No. 12549, Feb. 18, 1986, 51 F.R. 6370, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, and in order to curb fraud, waste,
and abuse in Federal programs, increase agency accountability, and
ensure consistency among agency regulations concerning debarment and
suspension of participants in Federal programs, it is hereby ordered
that:
Section 1. (a) To the extent permitted by law and subject to the
limitations in Section 1(c), Executive departments and agencies shall
participate in a system for debarment and suspension from programs and
activities involving Federal financial and nonfinancial assistance and
benefits. Debarment or suspension of a participant in a program by one
agency shall have government-wide effect.
(b) Activities covered by this Order include but are not limited to:
grants, cooperative agreements, contracts of assistance, loans, and loan
guarantees.
(c) This Order does not cover procurement programs and activities,
direct Federal statutory entitlements or mandatory awards, direct awards
to foreign governments or public international organizations, benefits
to an individual as a personal entitlement, or Federal employment.
Sec. 2. To the extent permitted by law, Executive departments and
agencies shall:
(a) Follow government-wide criteria and government-wide minimum due
process procedures when they act to debar or suspend participants in
affected programs.
(b) Send to the agency designated pursuant to Section 5 identifying
information concerning debarred and suspended participants in affected
programs, participants who have agreed to exclusion from participation,
and participants declared ineligible under applicable law, including
Executive Orders. This information shall be included in the list to be
maintained pursuant to Section 5.
(c) Not allow a party to participate in any affected program if any
Executive department or agency has debarred, suspended, or otherwise
excluded (to the extent specified in the exclusion agreement) that party
from participation in an affected program. An agency may grant an
exception permitting a debarred, suspended, or excluded party to
participate in a particular transaction upon a written determination by
the agency head or authorized designee stating the reason(s) for
deviating from this Presidential policy. However, I intend that
exceptions to this policy should be granted only infrequently.
Sec. 3. Executive departments and agencies shall issue regulations
governing their implementation of this Order that shall be consistent
with the guidelines issued under Section 6. Proposed regulations shall
be submitted to the Office of Management and Budget for review within
four months of the date of the guidelines issued under Section 6. The
Director of the Office of Management and Budget may return for
reconsideration proposed regulations that the Director believes are
inconsistent with the guidelines. Final regulations shall be published
within twelve months of the date of the guidelines.
Sec. 4. There is hereby constituted the Interagency Committee on
Debarment and Suspension, which shall monitor implementation of this
Order. The Committee shall consist of representatives of agencies
designated by the Director of the Office of Management and Budget.
Sec. 5. The Director of the Office of Management and Budget shall
designate a Federal agency to perform the following functions: maintain
a current list of all individuals and organizations excluded from
program participation under this Order, periodically distribute the list
to Federal agencies, and study the feasibility of automating the list;
coordinate with the lead agency responsible for government-wide
debarment and suspension of contractors; chair the Interagency
Committee established by Section 4; and report periodically to the
Director on implementation of this Order, with the first report due
within two years of the date of the Order.
Sec. 6. The Director of the Office of Management and Budget is
authorized to issue guidelines to Executive departments and agencies
that govern which programs and activities are covered by this Order,
prescribe government-wide criteria and government-wide minimum due
process procedures, and set forth other related details for the
effective administration of the guidelines.
Sec. 7. The Director of the Office of Management and Budget shall
report to the President within three years of the date of this Order on
Federal agency compliance with the Order, including the number of
exceptions made under Section 2(c), and shall make such recommendations
as are appropriate further to curb fraud, waste, and abuse.
Ronald Reagan.
Ex. Ord. No. 12689, Aug. 16, 1989, 54 F.R. 34131, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, and in order to protect the
interest of the Federal Government, to deal only with responsible
persons, and to insure proper management and integrity in Federal
activities, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ''Procurement activities'' refers to all acquisition programs and
activities of the Federal Government, as defined in the Federal
Acquisition Regulation.
(b) ''Nonprocurement activities'' refers to all programs and
activities involving Federal financial and nonfinancial assistance and
benefits, as covered by Executive Order No. 12549 (set out as a note
above) and the Office of Management and Budget guidelines implementing
that order.
(c) ''Agency'' refers to executive departments and agencies.
Sec. 2. Governmentwide Effect.
(a) To the extent permitted by law and upon resolution of differences
and promulgation of final regulations pursuant to section 3 of this
order, the debarment, suspension, or other exclusion of a participant in
a procurement activity under the Federal Acquisition Regulation, or in a
nonprocurement activity under regulations issued pursuant to Executive
Order No. 12549, shall have governmentwide effect. No agency shall
allow a party to participate in any procurement or nonprocurement
activity if any agency has debarred, suspended, or otherwise excluded
(to the extent specified in the exclusion agreement) that party from
participation in a procurement or nonprocurement activity.
(b) An agency may grant an exception permitting a debarred,
suspended, or otherwise excluded party to participate in procurement
activities of that agency to the extent exceptions are authorized under
the Federal Acquisition Regulation, or to participate in nonprocurement
activities of that agency to the extent exceptions are authorized under
regulations issued pursuant to Executive Order No. 12549.
Sec. 3. Implementation.
(a) The Office of Management and Budget may assist Federal agencies
in resolving differences between the provisions contained in the Federal
Acquisition Regulation and in regulations issued pursuant to Executive
Order No. 12549. The Office of Management and Budget may determine the
date of resolution of differences and then shall notify affected
agencies of that date.
(b) To implement this order, proposed regulations amending the
Federal Acquisition Regulation and the agency regulations issued
pursuant to Executive Order No. 12549 shall be published simultaneously
within 6 months of the resolution of differences.
(c) Final regulations shall be published simultaneously within 12
months of the publication of the proposed regulations, to be effective
30 days thereafter.
George Bush.
/1/ So in original. Probably should be followed by a period.
31 USC 6102. Program information requirements
TITLE 31 -- MONEY AND FINANCE
(a) The Director shall collect and review information on domestic
assistance programs and shall provide such information to the
Administrator. The information on each domestic assistance program
shall include the following:
(1) identification of the program by --
(A) title;
(B) authorizing law;
(C) administering office; and
(D) an identifying number assigned by the Director.
(2) a description of the --
(A) program;
(B) objectives of the program;
(C) types of activities financed under the program;
(D) eligibility requirements;
(E) types of assistance;
(F) uses, and restrictions on the use, of assistance; and
(G) duties of recipients under the program.
(3) a specification of each formula governing eligibility for
assistance or the distribution of assistance under the program, which
shall be described through the use of --
(A) the language used to specify each such formula in the law
authorizing the program;
(B) the language used to specify each such formula in any Federal
rule promulgated pursuant to the law authorizing the program; or
(C) a mathematical statement which is derived from the language
referred to in subparagraphs (A) and (B) of this paragraph;
(4) a description of all data and statistical estimates used to carry
out each formula specified pursuant to paragraph (3), and an
identification of the sources of such data and estimates;
(5) financial information, including the --
(A) amounts appropriated for the current fiscal year or, if
unavailable, the amounts requested by the President and the amounts
obligated; and
(B) average amounts of awards made in past years.
(6) identification of information contacts, including the
administering office and regional and local offices with their addresses
and telephone numbers.
(7) a general description of --
(A) the application requirements and procedures; and
(B) to the extent practical, an estimate of the time required to
process the application.
(b) On request of the Director, an agency shall give to the Director
current information on all domestic assistance programs administered by
the agency. The Director shall be responsible for ensuring that the
Administrator incorporates all relevant information received on a
regular basis.
(c) The Administrator --
(1) shall ensure that information and catalogs under this chapter are
made available to the public at reasonable prices;
(2) may develop information services to assist State and local
governments in identifying and obtaining sources of assistance;
(3) shall ensure that the information in the computerized system is
made current on a regular basis and that the printed catalog and
supplements thereto contain the most current data available at the time
of printing; and
(4) shall transmit annually the information compiled under paragraphs
(3) and (4) of subsection (a) to the Committee on Government Operations
of the House of Representatives and the Committee on Governmental
Affairs of the Senate.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1001; Pub. L. 98-169,
1(2), 2, 3(b), (c), Nov. 29, 1983, 97 Stat. 1113, 1114.)
In subsection (a), before clause (1), the words in parentheses are
omitted as unnecessary because of the restatement. The words
''information on domestic assistance programs. The information on each
domestic assistance program shall include the following'' are
substituted for ''a Federal Assistance Information Data Base . . . For
each Federal domestic assistance program the data base shall'' for
clarity and consistency. In clause (1)(A), the word ''law'' is
substituted for ''statute'' for consistency. In clause (2)(H), the word
''obligations'' is omitted as surplus.
In subsection (c)(1), the word ''catalogs'' is added for clarity.
In subsection (c)(2), the words ''further'', ''officials'', and
''Federal'' are omitted as unnecessary.
1983 -- Subsec. (a). Pub. L. 98-169, 2(1), substituted ''collect and
review information on domestic assistance programs and shall provide
such information to the Administrator'' for ''prepare and maintain
information on domestic assistance programs''.
Pub. L. 98-169, 1(2), substituted ''Director'' for ''Director of the
Office of Management and Budget''.
Subsec. (a)(2)(E) to (H). Pub. L. 98-169, 3(b)(1), struck out
subpar. (E) relating to formulas governing distribution of amounts, and
redesignated subpars. (F) to (H) as (E) to (G), respectively.
Subsec. (a)(3) to (7). Pub. L. 98-169, 3(b)(2), (3), added pars.
(3) and (4) and redesignated former pars. (3) to (5) as (5) to (7),
respectively.
Subsec. (b). Pub. L. 98-169, 2(2), substituted ''The Director shall
be responsible for ensuring that the Administrator incorporates all
relevant information received on a regular basis'' for ''The Director
shall incorporate on a regular basis all relevant information
received''.
Subsec. (c). Pub. L. 98-169, 2(3), substituted ''Administrator'' for
''Director''.
Subsec. (c)(3). Pub. L. 98-169, 2(4), added par. (3).
Subsec. (c)(4). Pub. L. 98-169, 3(c), added par. (4).
Pub. L. 97-326, Oct. 15, 1982, 96 Stat. 1607, as amended by Pub.
L. 97-452, 4(b), Jan. 12, 1983, 96 Stat. 2480, known as the
''Consolidated Federal Funds Report Act of 1982'', which required the
Director of the Office of Management and Budget to prepare Consolidated
Federal Funds Reports for the fiscal years 1981 through 1985, was
repealed by Pub. L. 99-547, 2(d), Oct. 27, 1986, 100 Stat. 3060,
effective May 1, 1986.
31 USC 6102a. Assistance awards information system
TITLE 31 -- MONEY AND FINANCE
(a) The Director shall --
(1) maintain the United States Government assistance awards
information system established as a result of the study conducted under
section 9 of the Federal Program Information Act; and
(2) update the system on a quarterly basis.
(b) To carry out subsection (a) of this section, the Director --
(1) may delegate the responsibility for carrying out subsection (a)
of this section to the head of another executive agency;
(2) shall review a report the head of an agency submits to the
Director on the method of carrying out subsection (a) of this section;
and
(3) may validate, by appropriate means, the method by which an agency
prepares the report.
(c) The Director shall transmit promptly after the end of each
calendar quarter, free of charge, the data in the system required by
subsection (a) to the Committee on Rules and Administration of the
Senate and to the Committee on House Administration of the House of
Representatives.
(Added Pub. L. 97-452, 1(23)(A), Jan. 12, 1983, 96 Stat. 2477, and
amended Pub. L. 98-169, 1(2), Nov. 29, 1983, 97 Stat. 1113; Pub. L.
99-547, 2(b)(1), Oct. 27, 1986, 100 Stat. 3060.)
In subsection (a)(1), the words ''operate and'' are omitted as
surplus. The words ''United States Government'' are substituted for
''Federal'' for consistency in the revised title and with other titles
of the United States Code. The words ''information system'' are
substituted for ''data system'' for consistency with 31:6102. The words
''by the Director'' are omitted as surplus.
In subsection (b)(1), the words ''the head of another executive
agency'' are substituted for ''any authority of the executive branch of
the Federal Government'' for consistency in the revised title and with
other titles of the Code.
In subsection (b)(2), the words ''the head of'' are added for
consistency in the revised title and with other titles of the Code.
Section 9 of the Federal Program Information Act, referred to in
subsec. (a)(1), is section 9 of Pub. L. 95-220, Dec. 28, 1977, 91
Stat. 1617, and was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982,
96 Stat. 1068.
1986 -- Subsec. (c). Pub. L. 99-547 added subsec. (c).
1983 -- Subsec. (a). Pub. L. 98-169 substituted ''Director'' for
''Director of the Office of Management and Budget''.
31 USC 6103. Access to computer information system
TITLE 31 -- MONEY AND FINANCE
(a) The Administrator shall maintain a computerized information
system providing access to --
(1) the information described in paragraphs (1), (2), (5), (6), and
(7) of section 6102(a) of this title; and
(2) such portions or summaries, as the Administrator considers
appropriate, of the information described in paragraphs (3) and (4) of
such section.
(b) To the greatest extent practicable, the Administrator shall
provide for the widespread availability of the information by available
computer terminals.
(c) When the Administrator decides the efficiency of the information
system under subsection (a) of this section requires it, the
Administrator may make contracts with private organizations to obtain
computer time-sharing services, including --
(1) computer telecommunications networks;
(2) computer software; and
(3) associated services.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1002; Pub. L. 98-169,
1(2), 3(d), 4, Nov. 29, 1983, 97 Stat. 1113, 1114.)
In subsection (a), the words ''establish and'' are omitted as
surplus. The word ''information'' is substituted for ''data base'' for
consistency. The words ''described in section 6102 of this title'' are
added for clarity.
In subsection (b), the words ''contained in the data base'' are
omitted as unnecessary.
In subsection (c), the words ''notwithstanding another provision of
law to the contrary'' and ''but not limited to'' are omitted as
unnecessary.
1983 -- Subsec. (a). Pub. L. 98-169, 3(d), amended subsec. (a)
generally, substituting provisions requiring the Administrator to
maintain a computerized information system providing access to the
information described in section 6102(a)(1), (2), (5), (6), and (7) of
this title and such portions or summaries, as the Administrator
considers appropriate, of the information described in section 6102(a)(
3), (4) of this title for provisions requiring the Director to maintain
a computerized information system providing access to the information
described in section 6102 of this title.
Pub. L. 98-169, 1(2), substituted ''Director'' for ''Director of the
Office of Management and Budget''.
Subsecs. (b), (c). Pub. L. 98-169, 4, substituted ''Administrator''
for ''Director'' wherever appearing.
31 USC 6104. Catalog of Federal domestic assistance programs
TITLE 31 -- MONEY AND FINANCE
(a) The Administrator shall prepare and publish each year a catalog
of domestic assistance programs.
(b) In a form selected by the Administrator, the catalog shall
contain --
(1)(A) all substantive information on domestic assistance programs
that, at the time the catalog is prepared, is in the system under
paragraphs (1), (2), (5), (6), and (7) of section 6102(a) of this title;
and
(B) such portions or summaries, as the Administrator considers
appropriate, of the information on domestic assistance programs that, at
the time the catalog is prepared, is in the system under paragraphs (3)
and (4) of section 6102(a) of this title;
(2) information the Administrator decides may be helpful to a
potential applicant for or beneficiary of assistance; and
(3) a detailed index.
(c) When the Administrator decides it is necessary, the Administrator
shall prepare and publish --
(1) supplements to the catalog; and
(2) specialized compilations by function of information in the
catalog.
(d) The Administrator may distribute a catalog without cost to each
--
(1) member of Congress;
(2) department, agency, and instrumentality of the United States
Government;
(3) State;
(4) general purpose unit of a local government;
(5) Indian tribe recognized by the United States Government;
(6) depository library of Government publications; and
(7) depository designated by the Administrator.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1002; Pub. L. 98-169, 1(
2), 3(e), 4, Nov. 29, 1983, 97 Stat. 1113, 1114.)
In subsection (a), the words in parentheses are omitted as
unnecessary.
In subsection (b)(1), the word ''Federal'' is omitted as unnecessary.
The words ''system under section 6102(a) of this title'' are
substituted for ''data base'' for clarity and consistency.
In subsection (d), before clause (1), the text of 31:1705(e)(1) is
omitted as unnecessary because of section 6102(c) of the revised title.
The words ''The Director'' are added for clarity and consistency. The
words ''member of Congress'' are substituted for ''Members of Congress,
Delegates, Resident Commissioners'' for consistency. In clause (6), the
words ''depository library of United States Government publications''
are substituted for ''Federal deposit libraries'' as being more precise.
In clause (7), the word ''depository'' is substituted for ''other local
repositories'' for clarity and to eliminate unnecessary words.
1983 -- Subsec. (a). Pub. L. 98-169, 4, substituted
''Administrator'' for ''Director''.
Pub. L. 98-169, 1(2), substituted ''Director'' for ''Director of the
Office of Management and Budget''.
Subsec. (b). Pub. L. 98-169, 4, substituted ''Administrator'' for
''Director'' in provisions preceding par. (1).
Subsec. (b)(1). Pub. L. 98-169, 3(e), amended par. (1) generally,
substituting provisions requiring that the catalog contain all
substantive information on domestic assistance programs that is in the
system under section 6102(a)(1), (2), and (5)-(7) of this title, and
such portions or summaries, as the Administrator considers appropriate,
of information in the system under section 6102(a)(3), (4) of this
title, at the time the catalog is prepared, for provision requiring that
the catalog contain all such information in the system under section
6102(a) of this title at the time the catalog was prepared.
Subsecs. (b)(2), (c), (d). Pub. L. 98-169, 4, substituted
''Administrator'' for ''Director'' wherever appearing.
31 USC 6105. Oversight responsibility of Director
TITLE 31 -- MONEY AND FINANCE
The Director shall have oversight responsibility for the exercise of
all authorities and responsibilities in this chapter not specifically
assigned to the Director.
(Added Pub. L. 98-169, 5, Nov. 29, 1983, 97 Stat. 1115.)
A prior section 6105, Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
1002, relating to authorization of appropriations to carry out this
chapter, was repealed by section 5 of Pub. L. 98-169. See section 6106
of this title.
31 USC 6106. Authorization of appropriations
TITLE 31 -- MONEY AND FINANCE
After October 1, 1983, there may be appropriated to the Administrator
such sums as may be necessary to carry out the responsibilities of this
chapter.
(Added Pub. L. 98-169, 5, Nov. 29, 1983, 97 Stat. 1115.)
31 USC CHAPTER 62 -- CONSOLIDATED FEDERAL FUNDS REPORT
TITLE 31 -- MONEY AND FINANCE
Sec.
6201. Definitions.
6202. Content, form, and data for report. /1/
6203. Printing and distribution of reports and machine-readable
records.
6204. Delegation.
6205. Availability of information.
6206. Data consistency and uniformity of data elements.
6207. Authorization of appropriations.
Provisions similar to this chapter were contained in Pub. L.
97-326, Oct. 15, 1982, 96 Stat. 1607, as amended, which was set out as
a note under section 6102 of this title and was repealed by Pub. L.
99-547, 2(d), Oct. 27, 1986, 100 Stat. 3060, eff. May 1, 1986.
/1/ So in original. Does not conform to section catchline.
31 USC 6201. Definitions
TITLE 31 -- MONEY AND FINANCE
As used in this chapter, the term --
(1) ''Director'' means the Director of the Office of Management and
Budget;
(2) ''State'' means any State, the Commonwealth of Puerto Rico, the
District of Columbia, Guam, American Samoa, the Virgin Islands, the
Government of the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands; and
(3) ''municipality'' means any subcounty unit of general local
government that received Federal assistance in the fiscal year that is
the subject of the report.
(Added Pub. L. 99-547, 2(a), Oct. 27, 1986, 100 Stat. 3057.)
Section 1 of Pub. L. 99-547 provided that: ''This Act (enacting
this chapter, amending sections 6101 and 6102a of this title, enacting
provisions set out as a note under section 6102 of this title, and
repealing provisions set out as a note under section 6102 of this title)
may be cited as the 'Consolidated Federal Funds Report Amendments of
1985'.''
31 USC 6202. Content, form and data for report
TITLE 31 -- MONEY AND FINANCE
(a) For fiscal years 1986, 1987, 1988, 1989, and 1990, not later than
180 days after the end of each fiscal year, the Director shall prepare a
Consolidated Federal Funds Report presenting the total amount of Federal
funds that were obligated for expenditure or expended in each State,
county or parish, congressional district, and municipality of the United
States in appropriate general categories of Federal funds during the
preceding fiscal year. To the extent practicable, such categories shall
be consistently constituted from year to year. The report shall be in
the form described in subsection (b) and shall be based on the data
referred to in subsection (c).
(b) The Director shall include in each report required by subsection
(a) --
(1) the total amount of Federal funds that were reported obligated
for expenditure in each State, county or parish, congressional district,
and municipality of the United States in appropriate general categories
of Federal funds in the fiscal year preceding the fiscal year in which
the report is made; or
(2) the total amount of Federal funds that were reported actually
expended in each State, county or parish, congressional district, and
municipality of the United States in appropriate categories in the
fiscal year preceding the fiscal year in which the report is made.
(c) The report required by subsection (a) shall be based on the data
included in --
(1) the Federal assistance awards data system established pursuant to
section 6102a of this title;
(2) the Federal procurement data system established pursuant to
section 6(d)(5) of the Office of Federal Procurement Policy Act (41 U.
S.C. 405(d)(5));
(3) the appropriate data files of the Office of Personnel Management;
(4) the payroll, pension, and grants files of the Office of the
Secretary of Defense;
(5) the appropriate data files of the United States Postal Service
and the Postal Rate Commission;
(6) the data system used by the Bureau of the Census to prepare the
annual Federal aid to States report;
(7) the retirement and disability files of the United States Coast
Guard, the Tennessee Valley Authority, the Commissioned Corps of the
Public Health Service, the Commissioned Corps of the National Oceanic
and Atmospheric Administration, and the Foreign Service;
(8) the insurance claims files of the Federal Emergency Management
Agency and the Department of Agriculture;
(9) the grants files of the Legal Services Corporation;
(10) the excess earned income tax credit file of the Internal Revenue
Service;
(11) the appropriate data files of the National Railroad Passenger
Corporation; and
(12) the payroll file of the Federal Bureau of Investigation.
(d) For the purposes of subsection (b), the general categories of
Federal funds presented in each report required by subsection (a) shall
include data with respect to grants, loans, purchases and contracts,
cooperative agreements, direct Federal payments to individuals, pay of
civilian employees of the Government, military pay, annuities,
retirement pay, pensions, and disability compensation.
(Added Pub. L. 99-547, 2(a), Oct. 27, 1986, 100 Stat. 3057.)
31 USC 6203. Printing and distribution of reports and machine-readable
records
TITLE 31 -- MONEY AND FINANCE
(a)(1) The Director shall --
(A) prepare --
(i) printed copies of each of the reports required by this chapter;
and
(ii) machine-readable records of such reports; and
(B) make the printed copies of the reports and the machine-readable
records available to the public for purchase at a price fixed under
subsection (b).
(2) The Director shall transmit free of charge one of each of the
printed copies of the reports required by this chapter to --
(A) each Federal regional depository library;
(B) the Committees on Government Operations, the Budget, and
Appropriations of the House of Representatives; and
(C) the Committees on Governmental Affairs, the Budget, and
Appropriations of the Senate.
(3) The Director shall also transmit promptly after the end of each
calendar year, free of charge, one machine-readable record of the report
required by section 6202 to the Committee on Rules and Administration of
the Senate and to the Committee on House Administration of the House of
Representatives.
(4) Subject to subsection (b), the Director may, at his discretion,
waive all or part of the fee required by subsection (a)(1)(B) of this
section.
(b) In carrying out subsection (a)(1)(B), the Director shall, based
on the estimates made under paragraphs (1) and (2) of this subsection,
fix the price of each printed copy and each machine-readable record of
the report so that the aggregate revenues obtained in each fiscal year
under subsection (a) will cover as much as is feasible of the
incremental costs incurred in making these reports and machine-readable
records available for purchase by the public. In computing these costs
the Director shall not consider the costs of the activities set forth in
sections 6102a and 6205 of this title but shall consider --
(1) the cost of compiling the reports required by this chapter;
preparing the printed copies and machine-readable records under
subsection (a); and distributing the printed copies and the
machine-readable records of the report for each fiscal year; and
(2) the number of printed copies and the number of machine-readable
records of the report that will be purchased.
(Added Pub. L. 99-547, 2(a), Oct. 27, 1986, 100 Stat. 3058.)
31 USC 6204. Delegation
TITLE 31 -- MONEY AND FINANCE
In order to carry out sections 6202 and 6203 of this chapter, the
Director may delegate to any authority of the executive branch of the
Federal Government the responsibility for carrying out such sections.
The Director shall oversee the activities of any authority to which
responsibilities are delegated under this section and shall monitor the
compliance of each authority with respect to the requirements set forth
in section 6205.
(Added Pub. L. 99-547, 2(a), Oct. 27, 1986, 100 Stat. 3059.)
31 USC 6205. Availability of information
TITLE 31 -- MONEY AND FINANCE
Each head of any authority of the Government having custody of the
data files and systems referred to in section 6202(c) --
(1) shall make available to the Director (or other authority to which
the Director has delegated the responsibility to carry out such section)
the information requested in the form designated; and
(2) is authorized to make available to the Director (or such other
authority) such administrative services, equipment, personnel, and
facilities (and funds appropriated therefor) as the Director or such
authority requires to carry out such section.
(Added Pub. L. 99-547, 2(a), Oct. 27, 1986, 100 Stat. 3059.)
31 USC 6206. Data consistency and uniformity of data elements
TITLE 31 -- MONEY AND FINANCE
The Director shall designate a single organizational unit to provide
for data consistency and uniform reporting of data elements.
(Added Pub. L. 99-547, 2(a), Oct. 27, 1986, 100 Stat. 3059.)
31 USC 6207. Authorization of appropriations
TITLE 31 -- MONEY AND FINANCE
There are authorized to be appropriated to carry out this chapter
such sums as may be necessary for each of the fiscal years 1986, 1987,
1988, 1989, and 1990.
(Added Pub. L. 99-547, 2(a), Oct. 27, 1986, 100 Stat. 3060.)
31 USC CHAPTER 63 -- USING PROCUREMENT CONTRACTS AND GRANT AND
COOPERATIVE AGREEMENTS
TITLE 31 -- MONEY AND FINANCE
Sec.
6301. Purposes.
6302. Definitions.
6303. Using procurement contracts.
6304. Using grant agreements.
6305. Using cooperative agreements.
6306. Authority to vest title in tangible personal property for
research.
6307. Interpretative guidelines and exemptions.
6308. Use of multiple relationships for different parts of jointly
financed projects.
section 450e-1; title 30 section 1732; title 40
section 815.
31 USC 6301. Purposes
TITLE 31 -- MONEY AND FINANCE
The purposes of this chapter are to --
(1) promote a better understanding of United States Government
expenditures and help eliminate unnecessary administrative requirements
on recipients of Government awards by characterizing the relationship
between executive agencies and contractors, States, local governments,
and other recipients in acquiring property and services and in providing
United States Government assistance;
(2) prescribe criteria for executive agencies in selecting
appropriate legal instruments to achieve --
(A) uniformity in their use by executive agencies;
(B) a clear definition of the relationships they reflect; and
(C) a better understanding of the responsibilities of the parties to
them; and
(3) promote increased discipline in selecting and using procurement
contracts, grant agreements, and cooperative agreements, maximize
competition in making procurement contracts, and encourage competition
in making grants and cooperative agreements.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1003.)
In the chapter, the words ''procurement contract'' are substituted
for ''contract'' for consistency.
The text of 41:501(a) and (b)(4) is omitted as executed.
31 USC 6302. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''executive agency'' does not include a mixed-ownership
Government corporation.
(2) ''grant agreement'' and ''cooperative agreement'' do not include
an agreement under which is provided only --
(A) direct United States Government cash assistance to an individual;
(B) a subsidy;
(C) a loan;
(D) a loan guarantee; or
(E) insurance.
(3) ''local government'' means a unit of government in a State, a
local public authority, a special district, an intrastate district, a
council of governments, a sponsor group representative organization, an
interstate entity, or another instrumentality of a local government.
(4) ''other recipient'' means a person or recipient (except a State
or local government) authorized to receive United States Government
assistance or procurement contracts and includes a charitable or
educational institution.
(5) ''State'' means a State of the United States, the District of
Columbia, a territory or possession of the United States, an agency or
instrumentality of a State, and a multi-State, regional, or interstate
entity having governmental duties and powers.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1003.)
Clause (3) restates the source provisions because of the definition
of ''executive agency'' in section 102 of the revised title. The words
''a county, municipality, city, town, township'' are omitted as being
included in ''a unit of government in a State''.
In clause (5), the words ''the Commonwealth of Puerto Rico'' are
omitted as being included in ''territory or possession of the United
States'' and as unnecessary because of 48:734. The words ''duties and
powers'' are substituted for ''functions'' for consistency in the
revised title and with other titles of the United States Code.
31 USC 6303. Using procurement contracts
TITLE 31 -- MONEY AND FINANCE
An executive agency shall use a procurement contract as the legal
instrument reflecting a relationship between the United States
Government and a State, a local government, or other recipient when --
(1) the principal purpose of the instrument is to acquire (by
purchase, lease, or barter) property or services for the direct benefit
or use of the United States Government; or
(2) the agency decides in a specific instance that the use of a
procurement contract is appropriate.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.)
The words ''type of'' are omitted as unnecessary. The word
''decides'' is substituted for ''determines'' for consistency.
31 USC 6304. Using grant agreements
TITLE 31 -- MONEY AND FINANCE
An executive agency shall use a grant agreement as the legal
instrument reflecting a relationship between the United States
Government and a State, a local government, or other recipient when --
(1) the principal purpose of the relationship is to transfer a thing
of value to the State or local government or other recipient to carry
out a public purpose of support or stimulation authorized by a law of
the United States instead of acquiring (by purchase, lease, or barter)
property or services for the direct benefit or use of the United States
Government; and
(2) substantial involvement is not expected between the executive
agency and the State, local government, or other recipient when carrying
out the activity contemplated in the agreement.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.)
The words ''type of'' are omitted as unnecessary. The words ''money,
property, services'' are omitted as being included in ''a thing of
value''. The words ''in order'' are omitted as surplus. The words
''law of the United States'' are substituted for ''Federal statute'' for
consistency.
31 USC 6305. Using cooperative agreements
TITLE 31 -- MONEY AND FINANCE
An executive agency shall use a cooperative agreement as the legal
instrument reflecting a relationship between the United States
Government and a State, a local government, or other recipient when --
(1) the principal purpose of the relationship is to transfer a thing
of value to the State, local government, or other recipient to carry out
a public purpose of support or stimulation authorized by a law of the
United States instead of acquiring (by purchase, lease, or barter)
property or services for the direct benefit or use of the United States
Government; and
(2) substantial involvement is expected between the executive agency
and the State, local government, or other recipient when carrying out
the activity contemplated in the agreement.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.)
The words ''type of'' are omitted as unnecessary. The words ''money,
property, services'' are omitted as being included in ''a thing of
value''. The words ''law of the United States'' are substituted for
''Federal statute'' for consistency.
Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 995, provided
that: ''Notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the Fish and
Wildlife Service is hereafter authorized to negotiate and enter into
cooperative arrangements and grants with public and private agencies,
organizations, institutions, and individuals to implement on a
public-private cost sharing basis, the North American Wetlands
Conservation Act (16 U.S.C. 4401 et seq.) and the North American
Waterfowl Management Plan''.
Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1018, provided
that: ''Notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the Forest
Service is authorized hereafter to negotiate and enter into cooperative
arrangements with public and private agencies, organizations,
institutions, and individuals to print educational materials and to
continue the Challenge Cost-Share Program.''
Cooperative Arrangements To Implement Challenge
Cost-Share Programs
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1918, provided
that: ''the Bureau (of Land Management) is authorized hereafter to
negotiate and enter into cooperative arrangements with public and
private agencies, organizations, institutions, and individuals, to
implement challenge cost-share programs.''
31 USC 6306. Authority to vest title in tangible personal property for
research
TITLE 31 -- MONEY AND FINANCE
The head of an executive agency may vest title in tangible personal
property in a nonprofit institution of higher education or in a
nonprofit organization whose primary purpose is conducting scientific
research --
(1) when the property is bought with amounts provided under a
procurement contract, grant agreement, or cooperative agreement with the
institution or organization to conduct basic or applied scientific
research;
(2) when the head of the agency decides the vesting furthers the
objectives of the agency;
(3) without further obligation to the United States Government; and
(4) under conditions the head of the agency considers appropriate.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.)
The text of 41:506(a) is omitted as unnecessary because it duplicates
the requirements of sections 6303-6305 of the revised title. The word
''equipment'' is omitted as being included in ''tangible personal
property''. The words ''amounts provided under a contract, grant
agreement, or cooperative agreement'' are substituted for ''such funds''
for clarity. The words ''decides the vesting'' are substituted for ''it
is deemed'' for clarity. The word ''conditions'' is substituted for
''terms and conditions'' because it is inclusive.
31 USC 6307. Interpretative guidelines and exemptions
TITLE 31 -- MONEY AND FINANCE
The Director of the Office of Management and Budget may --
(1) issue supplementary interpretative guidelines to promote
consistent and efficient use of procurement contracts, grant agreements,
and cooperative agreements; and
(2) exempt a transaction or program of an executive agency from this
chapter.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005.)
In clause (2), the word ''exempt'' is substituted for ''except'' for
consistency.
31 USC 6308. Use of multiple relationships for different parts of
jointly financed projects
TITLE 31 -- MONEY AND FINANCE
This chapter does not require an executive agency to establish only
one relationship between the United States Government and a State, a
local government, or other recipient on a jointly financed project
involving amounts from more than one program or appropriation when
different relationships would otherwise be appropriate for different
parts of the project.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005.)
The word ''financed'' is substituted for ''funded'', and the word
''amounts'' is substituted for ''funds'', for consistency in the revised
title.
31 USC CHAPTER 65 -- INTERGOVERNMENTAL COOPERATION
TITLE 31 -- MONEY AND FINANCE
Sec.
6501. Definitions.
6502. Information on grants received.
6503. Intergovernmental financing.
6504. Use of existing State or multimember agency to administer
grant programs.
6505. Authority to provide specialized or technical services.
6506. Development assistance.
6507. Congressional review of grant programs.
6508. Studies and reports.
1990 -- Pub. L. 101-453, 5(c), Oct. 24, 1990, 104 Stat. 1061,
substituted ''Intergovernmental financing'' for ''Transfer and deposit
requirements'' in item 6503.
31 USC 6501. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''assistance'' means the transfer of anything of value for a
public purpose of support or stimulation that is --
(A) authorized by a law of the United States;
(B) provided by the United States Government through grant or
contractual arrangements (including technical assistance programs
providing assistance by loan, loan guarantee, or insurance); and
(C) not an annual payment by the United States Government to the
District of Columbia government under section 502 of the District of
Columbia Self-Government and Governmental Reorganization Act (Public Law
93-198, 87 Stat. 813, D.C. Code, 47-3406).
(2) ''comprehensive planning'' includes, to the extent directly
related to area needs or needs of a unit of general local government --
(A) preparation, as a guide for governmental policies and action, of
general plans on --
(i) the pattern and intensity of land use;
(ii) providing public facilities (including transportation
facilities) and other governmental services; and
(iii) the effective development and use of human and natural
resources;
(B) long-range physical and fiscal plans for an action referred to in
subparagraph (A);
(C) a program for capital improvements and other major expenditures
based on their relative urgency, and definitive financing plans for the
expenditures in the earlier years of the program;
(D) coordination of related plans and activities of States and local
governments and agencies concerned; and
(E) preparation of regulatory and administrative measures to support
the items referred to in subparagraphs (A), (B), (C), and (D).
(3) ''executive agency'' does not include a mixed-ownership
Government corporation.
(4)(A) ''grant'' (except as provided in subparagraph (C)) means
money, or property provided instead of money, that is paid or provided
by the United States Government under a fixed annual or total
authorization, to a State, to a local government, or to a beneficiary
under a plan or program administered by a State or a local government
that is subject to approval by an executive agency, if the authorization
--
(i) requires the State or local government to expend non-Government
money as a condition of receiving money or property from the United
States Government; or
(ii) specifies directly, or establishes by means of a formula, the
amount that may be provided to the State or local government, or the
amount to be allotted for use in each State by the State, local
government, and beneficiaries.
(B) ''grant'' (except as provided in subparagraph (C)) also means
money, or property provided instead of money, that is paid or provided
by the United States Government to a private, nonprofit community
organization eligible to receive amounts under the Community Services
Block Grant Act (42 U.S.C. 9901 et seq.).
(C) ''grant'' does not include --
(i) shared revenue;
(ii) payment of taxes;
(iii) payment instead of taxes;
(iv) a loan or repayable advance;
(v) surplus property or surplus agricultural commodities provided as
surplus property;
(vi) a payment under a research and development procurement contract
or grant awarded directly and on similar terms to all qualifying
organizations; or
(vii) a payment to a State or local government as complete
reimbursement for costs incurred in paying benefits or providing
services to persons entitled to them under a law of the United States.
(5) ''head of a State agency'' includes the designated delegate of
the head of the agency.
(6) ''local government'' means a unit of general local government, a
school district, or other special district established under State law.
(7) ''Secretary'' means the Secretary of the Treasury.
(8) ''special-purpose unit of local government'' means a special
district, public-purpose local government of a State except a school
district.
(9) ''State'' means a State of the United States, the District of
Columbia, a territory or possession of the United States, and an agency,
instrumentality, or fiscal agent of a State but does not mean a local
government of a State.
(10) ''unit of general local government'' means a county, city, town,
village, or other general purpose political subdivision of a State.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005; Pub. L. 97-452, 1(
24), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 101-453, 3, 5(a), Oct. 24,
1990, 104 Stat. 1058, 1059.)
In clause (1), the word ''assistance'' is substituted for '''Federal
assistance', 'Federal assistance programs', or 'federally assisted
programs''' for consistency in the revised title and to have only one
defined term in the chapter. The words ''the transfer of anything of
value for a public purpose of support or stimulation that is (A)
authorized by a law of the United States'' are substituted for
''programs that provide assistance'' for consistency with section 6101(
3) of the revised title. The words ''section 502 of the District of
Columbia Self-Government and Governmental Reorganization Act (Public Law
93-198, 87 Stat. 813, D.C. Code 47-3406)'' are substituted for ''article
VI of the District of Columbia Revenue Act of 1947 (D.C. Code secs.
47-2501a and 47-2501b)'' because the former has superseded the latter.
Clause (3) restates the source provisions because of the definition
of ''executive agency'' in section 102 of the revised title.
In clause (4)(A) and (B), the word ''grant'' is substituted for
'''grant' or 'grant-in-aid''' for consistency in the revised title and
to have only one defined term in the chapter.
In clause (4)(B), the words ''a private, nonprofit community
organization eligible to receive amounts under the Community Services
Block Grant Act (42 U.S.C. 9901 et seq.)'' are substituted for ''a
community action agency under the Economic Opportunity Act of 1964, as
amended'' because of section 683(c)(2) of the Omnibus Budget
Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 519).
In clause (4)(C), the words ''whether public or private'' are omitted
as surplus. The words ''law of the United States'' are substituted for
''Federal laws'' for consistency.
In clause (5), the words ''head of a Federal agency'' are omitted as
unnecessary because heads of Federal agencies already have the authority
to delegate.
In clause (6), the words ''local government'' are substituted for
'''political subdivision' or 'local government''' for consistency in the
revised title and to have only one defined term in the chapter. The
words ''unit of general local government'' are substituted for ''local
unit of government, including specifically a county, municipality, city,
town, township'' to incorporate the definition in clause (9).
In clause (7), the words ''public-purpose local government'' are
substituted for ''public-purpose corporation or other strictly limited
purpose political subdivision'' to eliminate unnecessary words.
In clause (8), the words ''the Commonwealth of Puerto Rico'' are
omitted as being included in ''territory or possession of the United
States'' and as necessary because of 48:734.
In clause (9), the word ''parish'' is omitted as included in county
because of 1:2.
This amends 31:6501(1)(B) to clarify the section as enacted by the
Act of Sept. 13, 1982 (Pub. L. 97-258, 96 Stat. 1005).
The Community Services Block Grant Act, referred to in par. (4)(b),
is subtitle B ( 671-683) of title VI of Pub. L. 97-35, Aug. 13, 1981,
95 Stat. 511, as amended, which is classified generally to chapter 106
( 9901 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 9901 of Title 42 and Tables.
1990 -- Par. (2)(B). Pub. L. 101-453, 3(1), substituted
''subparagraph (A)'' for ''subclause (A) of this clause (2)''.
Par. (2)(E). Pub. L. 101-453, 3(2), substituted ''subparagraphs (A),
(B), (C), and (D)'' for ''subclauses (A)-(D) of this clause (2)''.
Par. (4)(A). Pub. L. 101-453, 3(3), substituted ''subparagraph (C)''
for ''subclause (C) of this clause (4)''.
Par. (4)(B). Pub. L. 101-453, 3(4), substituted ''subparagraph (C)''
for ''subclause (C) of this clause (4)''.
Par. (7). Pub. L. 101-453, 5(a)(2), added par. (7). Former par. (7)
redesignated (8).
Par. (8). Pub. L. 101-453, 5(a)(1), redesignated par. (7) as (8).
Former par. (8) redesignated (9).
Par. (9). Pub. L. 101-453, 5(a)(1), (3), redesignated par. (8) as
(9), added new text, and struck out former text which read as follows:
'''State' means a State of the United States, the District of Columbia,
a territory or possession of the United States, and an agency or
instrumentality of a State but does not mean a local government of a
State.'' Former par. (9) redesignated (10).
Par. (10). Pub. L. 101-453, 5(a)(1), redesignated par. (9) as (10).
1983 -- Par. (1)(B). Pub. L. 97-452 struck out ''the law of'' after
''provided by''.
Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L.
97-452, set out as a note under section 3331 of this title.
Section 1 of Pub. L. 101-453 provided that: ''This Act (enacting
section 3335 of this title, amending this section and section 6503 of
this title, and enacting provisions set out as notes under this section
and sections 3335 and 6503 of this title) may be cited as the 'Cash
Management Improvement Act of 1990'.''
Section 2 of Pub. L. 101-453 provided that: ''The purpose of this
Act (see Short Title of 1990 Amendment note above) is to ensure greater
efficiency, effectiveness, and equity in the exchange of funds between
the Federal Government and the States.''
31 USC 6502. Information on grants received
TITLE 31 -- MONEY AND FINANCE
On request of a chief executive officer of a State, a State
legislature, or an official designated by either of them, an executive
agency carrying out a grant program to States and local governments
shall provide the requesting officer or legislature with written
information on the purpose and amounts of grants provided to the State
or local government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.)
The words ''chief executive officer'' are substituted for
''Governor'' because the definition of State includes the District of
Columbia. The words ''executive agency'' are substituted for
''department or agency of the United States Government'' because of the
definition in sections 102 and 6501(3) of the revised title. The words
''shall provide the requesting officer or legislature'' are substituted
for the last sentence of 42:4211 to eliminate unnecessary words. The
word ''information'' is substituted for ''such data'' because it is more
accurate. The words ''in writing'' and ''actual'' are omitted as
unnecessary.
31 USC 6503. Intergovernmental financing
TITLE 31 -- MONEY AND FINANCE
(a) Consistent with program purposes and with regulations of the
Secretary, and in accordance with an agreement under subsection (b)
entered into by the Secretary and a State --
(1) the head of an executive agency (other than the Tennessee Valley
Authority) carrying out a program shall schedule transfers of funds to
the State under the program so as to minimize the time elapsing between
transfer of funds from the United States Treasury and the issuance or
redemption of checks, warrants, or payments by other means by a State;
and
(2) the State shall minimize the time elapsing between transfer of
funds from the United States Treasury and the issuance or redemption of
checks, warrants, or payments by other means for program purposes.
(b)(1) The Secretary shall enter into an agreement with each State to
which transfers of funds are made, which establishes procedures and
requirements for implementing this section.
(2) An agreement under this subsection shall --
(A) specify procedures chosen by the State for carrying out transfers
of funds under the agreement;
(B) describe the process by which the Federal Government shall review
and approve the implementation of the procedures specified under
subparagraph (A);
(C) establish the methods to be used for calculating and documenting
payments of interest pursuant to this section; and
(D) specify those types of costs directly incurred by the State for
interest calculations required under this section, and require the
Secretary to consider those costs in computing payments under this
section.
(3) The Secretary shall issue regulations establishing procedures and
requirements for implementing this section with respect to a State with
which no agreement is entered into by the Secretary under paragraph (1).
Such regulations shall apply to a State until such time as the
Secretary enters into an agreement with the State under paragraph (1).
(c)(1) The Secretary shall issue regulations that shall require a
State, when not inconsistent with program purposes, to pay interest to
the United States on funds from the time funds are deposited by the
United States to the State's account until the time that funds are paid
out by the State in order to redeem checks or warrants or make payments
by other means for program purposes. Except as provided under paragraph
(3)(B) (relating to the Unemployment Trust Fund), the interest payable
under this subsection shall be calculated at a rate equal to the average
of the bond equivalent rates of 13-week Treasury bills auctioned during
the period for which interest is calculated, as determined by the
Secretary.
(2) Except as provided in paragraph (3), amounts received by the
United States as payment of interest under this subsection shall be
deposited in the Treasury and credited as miscellaneous receipts.
(3)(A) Amounts paid by a State under paragraph (1) as interest on
funds paid to a State from a trust fund for which the Secretary is the
trustee shall be credited to such trust fund.
(B) Notwithstanding any other provision of this section, amounts of
interest paid by a State, on funds drawn from its account in the
Unemployment Trust Fund, shall be deposited into that account and shall
consist of actual interest earnings by the State, less related banking
costs incurred by the State, for the period for which interest is
calculated.
(d)(1) If a State disburses its own funds for program purposes in
accordance with Federal law, Federal regulation, or Federal-State
agreement, the State shall be entitled to interest from the time the
State's funds are paid out to redeem checks or warrants, or make
payments by other means, until the Federal funds are deposited to the
State's bank account. The Secretary shall pay, out of any money in the
Treasury not otherwise appropriated, such amounts as may be necessary
for interest owed to a State under this subsection. Such interest shall
be calculated, at a rate equal to the average of the bond equivalent
rates of 13-week Treasury bills auctioned during the period for which
interest is calculated, as determined by the Secretary.
(2) If interest is paid under this subsection as a result of a State
disbursing its own funds before receiving payment from a trust fund for
which the Secretary of the Treasury is the trustee, such interest shall
be charged against such trust fund.
(e) The budget submitted by the President under section 1105 of this
title for a fiscal year shall include a statement specifying, for the
most recently completed fiscal year, amounts of interest accrued to the
Federal Government under subsection (c) and amounts of interest paid to
States under subsection (d).
(f) If a State receives refunds of funds disbursed by the State under
a Federal program, the State shall return those refunds to the Federal
executive agency administering the program or apply those refunds to
reduce the amount of funds owed by the Federal Government to the State
under such program. Interest earned on such refunds shall be considered
when setting overall interest obligations between the State and the
Federal Government as required by this section.
(g) If the Federal Government makes a payment to a recipient under a
Federal program, and a portion of the payment is an amount which the
Federal Government is paying to such recipient on behalf of a State,
such amount shall be considered to be a transfer of funds between the
Federal Government and the State for purposes of this section.
(h) A State may not be required by a law or regulation of the United
States to deposit funds received by it in a separate bank account.
However, a State shall account for funds made available to the State as
United States Government funds in the accounts of the State. The head
of the State agency concerned shall make periodic authenticated reports
to the head of the appropriate Federal executive agency on the status
and the application of the funds, the liabilities and obligations on
hand, and other information required by the head of the executive
agency. Records related to the funds received by the State shall be
made available to the head of the executive agency, the Inspector
General of the executive agency, and the Comptroller General for
necessary audits.
(i) The Secretary shall prescribe methods for the payment of interest
under this section between the Federal Government and the States,
including provisions for offsetting amounts owed by the respective
parties. Such methods of payment shall require payment of interest on
an annual basis and shall provide for comparable treatment in manner,
technique, and timing for both the States and the Federal Government.
(j) Consistent with Federal program purposes and regulations of the
Director of the Office of Management and Budget, the head of a Federal
executive agency carrying out a program shall execute grant awards to
States on a timely basis to assure the availability of funds to
accomplish transfers in compliance with subsection (a) of this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007; Pub. L. 101-453, 5(
b), Oct. 24, 1990, 104 Stat. 1059.)
In the section, the words ''executive agency'' are substituted for
''Federal departments and agencies'' because of the definition in
sections 102 and 6501(3) of the revised title.
In subsection (a), the word ''money'' is substituted for ''funds''
for consistency in the section. The words ''so as'' and ''United
States'' are omitted as surplus. The words ''before or after'' are
substituted for ''prior to or subsequent to'' for consistency. The
words ''subsequent to such transfer of funds'' are omitted as
unnecessary the second time they are used.
In subsection (b), the words ''apart from other funds administered by
the state'', ''properly'', ''In each case'', and ''examination'' are
omitted as unnecessary. The word ''money'' is substituted for ''all
federal grant-in-aid funds'' for consistency in the section. The words
''United States Government grant money'' are substituted for ''Federal
funds'' for consistency in the revised title. The word ''make'' is
substituted for ''render'', the word ''periodic'' is substituted for
''regular'', and the word ''information'' is substituted for ''facts'',
for clarity. The words ''or any of their duly authorized
representatives'' are omitted as unnecessary. The words ''Records shall
be made available to . . . for auditing'' are substituted for ''shall
have access for the purpose of audit and examination to any books,
documents, papers, and records'' for consistency in the revised title
and with other titles of the United States Code.
1990 -- Pub. L. 101-453 amended section generally, substituting
provisions relating to intergovernmental financing for provisions
relating to transfer and deposit requirements.
Section 5(e) of Pub. L. 101-453 provided that: ''The amendments
made by this section (amending this section and section 6501 of this
title) shall take effect on the date of enactment of this Act (Oct. 24,
1990), except that subsections (c) and (d) of section 6503 of title 31,
United States Code, as added by subsection (b) of this section (relating
to payments of interest between the Federal Government and State
governments), shall take effect 2 years after the date of enactment of
this Act.''
Section 5(d) of Pub. L. 101-453 provided that:
''(1) Secretary's efforts to enter agreements. -- The Secretary of
the Treasury shall make all reasonable efforts to enter into an
agreement with each State under section 6503(b) of title 31, United
States Code, as added by this section (relating to procedures and
requirements for transfers of funds between executive agencies and
States), by not later than 2 years after the date of the enactment of
this Act (Oct. 24, 1990).
''(2) Effective date of regulations. -- Regulations issued by the
Secretary of the Treasury under subsection (b)(3) of section 6503 of
title 31, United States Code, as added by the (this) section (relating
to procedures and requirements for transfers of funds involving States
not entering agreements), shall take effect 2 years after the date of
the enactment of this Act.''
Section 6 of Pub. L. 101-453 provided that: ''Four years after the
date of the enactment of this Act (Oct. 24, 1990) the Comptroller
General shall submit an audit of the implementation of the amendments
made by section 5 (amending this section and section 6501 of this title)
and submit a report to the Congress describing the results of that
audit.''
42 sections 300w-2, 300x-2, 703, 706, 1397a, 1397e,
8626, 9873, 9907.
31 USC 6504. Use of existing State or multimember agency to administer
grant programs
TITLE 31 -- MONEY AND FINANCE
Notwithstanding a law of the United States providing that one State
agency or multimember agency must be established or designated to carry
out or supervise the administration of a grant program, the head of the
executive agency carrying out the program may, when requested by the
executive or legislative authority of the State responsible for the
organizational structure of a State government --
(1) waive the one State agency or multimember agency provision on an
adequate showing that the provision prevents the establishment of the
most effective and efficient organizational arrangement within the State
government; and
(2) approve another State administrative structure or arrangement
after deciding that the objectives of the law authorizing the grant
program will not be endangered by using another State structure or
arrangement.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.)
In the section, the word ''agency'' is substituted for ''board or
commission'' for consistency in the revised title. Before clause (1),
the words ''executive agency'' are substituted for ''Federal department
or agency'' because of the definition in sections 102 and 6501(3) of the
revised title. The words ''appropriate'' and ''determining or
revising'' are omitted as surplus. The words ''Governor or other'' are
omitted as covered by ''executive . . . authority''. In clause (2), the
words ''after deciding'' are substituted for ''Provided, That the head
of the Federal department or agency determines'' to eliminate
unnecessary words.
31 USC 6505. Authority to provide specialized or technical services
TITLE 31 -- MONEY AND FINANCE
(a) The President may prescribe statistical and other studies and
compilations, development projects, technical tests and evaluations,
technical information, training activities, surveys, reports, documents,
and other similar services that an executive agency is especially
competent and authorized by law to provide. The services prescribed
must be consistent with and further the policy of the United States
Government of relying on the private enterprise system to provide
services reasonably and quickly available through ordinary business
channels.
(b) The head of an executive agency may provide services prescribed
by the President under this section to a State or local government when
--
(1) written request is made by the State or local government; and
(2) payment of pay and all other identifiable costs of providing the
services is made to the executive agency by the State or local
government making the request.
(c) Payment received by an executive agency for providing services
under this section shall be deposited to the credit of the principal
appropriation from which the cost of providing the services has been
paid or will be charged.
(d) The authority under this section is in addition to authority
under another law in effect on October 16, 1968.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.)
In the section, the words ''executive agency'' are substituted for
''Federal department or agency'' and ''department or agency of the
executive branch of the Federal Government'' because of the definition
in sections 102 and 6501(3) of the revised title.
In subsection (a), the source provisions are consolidated to
eliminate an unnecessary definition. The word ''President'' is
substituted for ''Director of the Office of Management and Budget'' in
42:4222(proviso, words after proviso) because sections 101 and 102(a) of
Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085)
designated the Bureau of the Budget as the Office of Management and
Budget and transferred all functions of the Bureau to the President.
The words ''rules and regulations'' are omitted as unnecessary.
In subsection (b), the word ''may'' is substituted for ''is
authorized within his discretion'' for clarity and to omit unnecessary
words. The words ''specialized or technical services'' are omitted
because of consolidation of the source provisions. The words ''direct
or indirect'' are omitted as surplus.
In subsection (c), the word ''Payment'' is substituted for ''moneys''
for consistency in the section. The words ''All'' and ''or any bureau
or other administrative division thereof'' are omitted as surplus.
In subsection (d), the words ''and does not supersede'' are omitted
as unnecessary. The words ''authority under another law in effect on
October 16, 1968'' are substituted for ''authority now possessed'' for
clarity. The words ''by any Federal department or agency with respect
to furnishing services, whether on a reimbursable or nonreimbursable
basis, to State and local units of government'' are omitted as
unnecessary.
31 USC 6506. Development assistance
TITLE 31 -- MONEY AND FINANCE
(a) The economic and social development of the United States and the
achievement of satisfactory levels of living depend on the sound and
orderly development of urban and rural areas. When urbanization
proceeds rapidly, the sound and orderly development of urban communities
depends to a large degree on the social and economic health and the
sound development of smaller communities and rural areas.
(b) The President shall prescribe regulations governing the
formulation, evaluation, and review of United States Government programs
and projects having a significant impact on area and community
development (including programs and projects providing assistance to
States and localities) to serve most effectively the basic objectives of
subsection (a) of this section. The regulations shall provide for the
consideration of concurrently achieving the following specific
objectives and, to the extent authorized by law, reasoned choices shall
be made between the objectives when they conflict:
(1) appropriate land uses for housing, commercial, industrial,
governmental, institutional, and other purposes.
(2) wise development and conservation of all natural resources.
(3) balanced transportation systems, including highway, air, water,
pedestrian, mass transit, and other means to move people and goods.
(4) adequate outdoor recreation and open space.
(5) protection of areas of unique natural beauty and historic and
scientific interest.
(6) properly planned community facilities (including utilities for
supplying power, water, and communications) for safely disposing of
wastes, and for other purposes.
(7) concern for high standards of design.
(c) To the extent possible, all national, regional, State, and local
viewpoints shall be considered in planning development programs and
projects of the United States Government or assisted by the Government.
State and local government objectives and the objectives of regional
organizations shall be considered within a framework of national public
objectives expressed in laws of the United States. Available projections
of future conditions in the United States and needs of regions, States,
and localities shall be considered in plan formulation, evaluation, and
review.
(d) To the maximum extent possible and consistent with national
objectives, assistance for development purposes shall be consistent with
and further the objectives of State, regional, and local comprehensive
planning. Consideration shall be given to all developmental aspects of
our total national community, including housing, transportation,
economic development, natural and human resources development, community
facilities, and the general improvement of living environments.
(e) To the maximum extent practicable, each executive agency carrying
out a development assistance program shall consult with and seek advice
from all other significantly affected executive agencies in an effort to
ensure completely coordinated programs. To the extent possible,
systematic planning required by individual United States Government
programs (such as highway construction, urban renewal, and open space)
shall be coordinated with and, to the extent authorized by law, made
part of comprehensive local and areawide development planning.
(f) When a law of the United States provides that both a
special-purpose unit of local government and a unit of general local
government are eligible to receive a loan or grant, the head of an
executive agency shall make the loan or grant to the unit of general
local government instead of the special-purpose unit of local government
in the absence of substantial reasons to the contrary.
(g) The President may designate an executive agency to prescribe
regulations to carry out this section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1008.)
In subsection (a), the words ''United States'' are substituted for
''the Nation'' for consistency. The word ''When'' is substituted for
''in a time'' for clarity.
In subsection (b), before clause (1), the word ''therefore'' is
omitted as unnecessary. The word ''regulations'' is substituted for
''rules and regulations'' for consistency in the revised title and with
other titles of the United States Code. In clause (2), the words ''all
natural resources'' are substituted for ''natural resources, including
land, water, minerals, wildlife, and others'' to eliminate unnecessary
words.
In subsection (c), the words ''fully'', ''taken into account'', and
''evaluated'' are omitted as surplus. The words ''development programs
and projects of the United States Government or assisted by the
Government'' are substituted for ''Federal or federally assisted
development programs and projects'', and the words ''laws of the United
States'' are substituted for ''Federal law'', for consistency in the
revised title.
In subsection (d), the word ''assistance'' is substituted for
''federal aid'' because of the definition in section 6501(1) of the
revised title.
In subsection (e), the words ''executive agency'' are substituted for
''Federal department and agency'' and ''Federal departments and
agencies'' because of the definition in sections 102 and 6501(3) of the
revised title. The words ''To the extent'' are substituted for
''Insofar as'' for consistency.
In subsection (f), the words ''law of the United States'' are
substituted for ''Federal law'' for consistency.
In subsection (g), the words ''Office of Management and Budget . . .
other'' are omitted as surplus.
Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended by Ex.
Ord. No. 12416, Apr. 8, 1983, 48 F.R. 15587, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including Section 401(a) of the
Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4231(a)) (31 U.S.
C. 6506(a) and (b)), Section 204 of the Demonstration Cities and
Metropolitan Development Act of 1966 (42. U.S.C. 3334) and Section 301
of Title 3 of the United States Code, and in order to foster an
intergovernmental partnership and a strengthened federalism by relying
on State and local processes for the State and local government
coordination and review of proposed Federal financial assistance and
direct Federal development, it is hereby ordered as follows:
Section 1. Federal agencies shall provide opportunities for
consultation by elected officials of those State and local governments
that would provide the non-Federal funds for, or that would be directly
affected by, proposed Federal financial assistance or direct Federal
development.
Sec. 2. To the extent the States, in consultation with local general
purpose governments, and local special purpose governments they consider
appropriate, develop their own processes or refine existing processes
for State and local elected officials to review and coordinate proposed
Federal financial assistance and direct Federal development, the Federal
agencies shall, to the extent permitted by law:
(a) Utilize the State process to determine official views of State
and local elected officials.
(b) Communicate with State and local elected officials as early in
the program planning cycle as is reasonably feasible to explain specific
plans and actions.
(c) Make efforts to accommodate State and local elected officials'
concerns with proposed Federal financial assistance and direct Federal
development that are communicated through the designated State process.
For those cases where the concerns cannot be accommodated, Federal
officials shall explain the bases for their decision in a timely manner.
(d) Allow the States to simplify and consolidate existing Federally
required State plan submissions. Where State planning and budgeting
systems are sufficient and where permitted by law, the substitution of
State plans for Federally required State plans shall be encouraged by
the agencies.
(e) Seek the coordination of views of affected State and local
elected officials in one State with those of another State when proposed
Federal financial assistance or direct Federal development has an impact
on interstate metropolitan urban centers or other interstate areas.
Existing interstate mechanisms that are redesignated as part of the
State process may be used for this purpose.
(f) Support State and local governments by discouraging the
reauthorization or creation of any planning organization which is
Federally-funded, which has a Federally-prescribed membership, which is
established for a limited purpose, and which is not adequately
representative of, or accountable to, State or local elected officials.
Sec. 3. (a) The State process referred to in Section 2 shall include
those where States delegate, in specific instances, to local elected
officials the review, coordination, and communication with Federal
agencies.
(b) At the discretion of the State and local elected officials, the
State process may exclude certain Federal programs from review and
comment.
Sec. 4. The Office of Management and Budget (OMB) shall maintain a
list of official State entities designated by the States to review and
coordinate proposed Federal financial assistance and direct Federal
development. The Office of Management and Budget shall disseminate such
lists to the Federal agencies.
Sec. 5. (a) Agencies shall propose rules and regulations governing
the formulation, evaluation, and review of proposed Federal financial
assistance and direct Federal development pursuant to this Order, to be
submitted to the Office of Management and Budget for approval.
(b) The rules and regulations which result from the process indicated
in Section 5(a) above shall replace any current rules and regulations
and become effective September 30, 1983.
Sec. 6. The Director of the Office of Management and Budget is
authorized to prescribe such rules and regulations, if any, as he deems
appropriate for the effective implementation and administration of this
Order and the Intergovernmental Cooperation Act of 1968 (31 U.S.C. 6501
et seq.). The Director is also authorized to exercise the authority
vested in the President by Section 401(a) of that Act (42 U.S.C. 4231(
a)) (31 U.S.C. 6506(a) and (b)) in a manner consistent with this Order.
Sec. 7. The Memorandum of November 8, 1968, is terminated (33 Fed.
Reg. 16487, November 13, 1968). The Director of the Office of
Management and Budget shall revoke OMB Circular A-95, which was issued
pursuant to that Memorandum. However, Federal agencies shall continue
to comply with the rules and regulations issued pursuant to that
Memorandum, including those issued by the Office of Management and
Budget, until new rules and regulations have been issued in accord with
this Order.
Sec. 8. The Director of the Office of Management and Budget shall
report to the President by September 30, 1984 on Federal agency
compliance with this Order. The views of State and local elected
officials on their experiences with these policies, along with any
suggestions for improvement, will be included in the Director's report.
Ronald Reagan.
title 43 section 1721.
31 USC 6507. Congressional review of grant programs
TITLE 31 -- MONEY AND FINANCE
(a) The committees of Congress having jurisdiction over a grant
program authorized by a law of the United States without a specified
expiration date for the program shall study the program. The committees
may conduct studies separately or jointly and shall report the results
of their findings to their respective Houses of Congress not later than
the end of each period specified in subsection (b) of this section. The
committees shall give special attention to --
(1) the extent to which the purposes of the grants have been met;
(2) the extent to which the objective of the program can be carried
on without further assistance;
(3) whether a change in the purpose, direction, or administration of
the original program, or in procedures and requirements applicable to
the program, should be made; and
(4) the extent to which the program is adequate to meet the growing
and changing needs that it was designed to support.
(b)(1) A study under subsection (a) of this section of a grant
program authorized by a law of the United States enacted before October
16, 1968, shall be conducted before the end of each 4th calendar year
after the year during which a study of the program was last conducted
under this section.
(2) A study under subsection (a) of this section of a grant program
authorized by a law of the United States enacted after October 16, 1968,
shall be conducted before the end of the 4th calendar year after the
year of enactment of the law and before the end of each 4th calendar
year thereafter.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1009.)
In the section, the words ''law of the United States'' are
substituted for ''Act of Congress'' for clarity. The word ''grants'' is
substituted for ''grants-in-aid'', and the words ''grant program'' are
substituted for ''grant-in-aid program'', for consistency in the
chapter.
In subsection (a), before clause (1), the words ''grant program'' are
substituted for ''program under which such grants-in-aid are made'' for
consistency in the chapter and to eliminate unnecessary words. The
words ''committees of Congress'' are substituted for ''Committee of the
Senate and the House of Representatives'' for consistency in the revised
title and with other titles of the United States Code. The words ''The
committees may conduct'' are added for clarity. The word ''report'' is
substituted for ''advise'' for clarity. In clause (2), the word
''assistance'' is substituted for ''financial assistance from the United
States'' because of the definition in section 6501(1) of the revised
title.
In subsection (b), the words ''prior to the expiration of the fourth
calendar year beginning after October 16, 1968, and thereafter'' are
omitted as executed.
31 USC 6508. Studies and reports
TITLE 31 -- MONEY AND FINANCE
(a)(1) When requested by a committee of Congress having jurisdiction
over a grant program, the Comptroller General shall study the program.
The study shall include a review of --
(A) the extent to which --
(i) the program conflicts with or duplicates other grant programs;
and
(ii) more effective, efficient, economical, and uniform
administration of the program may be achieved by changing the
requirements and procedures applicable to it; and
(B) budgetary, accounting, reporting, and administrative procedures
of the program.
(2) The Comptroller General shall submit to Congress a report on a
study made under this subsection and any recommendations. To the extent
practicable, a report on an expiring program shall be submitted in the
year before the year in which a program ends.
(b)(1) When requested by a committee of Congress having jurisdiction
over a grant program, the Advisory Commission on Intergovernmental
Relations shall study the intergovernmental relations aspects of the
program, including --
(A) the impact of the program on the structural organization of
States and local governments and on Federal-State-local fiscal
relations; and
(B) the coordination of administration of the program by the United
States Government and State and local governments.
(2) The Commission shall submit to the committee requesting the study
and to Congress a report and any recommendations.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1010.)
In the section, the words ''of Congress'' are added for clarity. The
words ''grant program'' are substituted for ''grant-in-aid program'' for
consistency in the chapter.
In subsection (a)(1), before clause (A), the words ''The study shall
include a review of'' are substituted for ''to determine'' for clarity.
In clause (B), the words ''among other relevant matters'' are omitted as
unnecessary.
In subsection (b)(1)(B), the words ''administration of the program by
the United States Government'' are substituted for ''Federal
administration'' for consistency in the revised title.
In subsection (b)(2), the words ''requesting the study'' are added
for clarity.
31 USC (CHAPTER 67 -- REPEALED)
TITLE 31 -- MONEY AND FINANCE
31 USC ( 6701 to 6724. Repealed. Pub. L. 99-272, title XIV, 14001( a)(
1), Apr. 7, 1986, 100 Stat. 327)
TITLE 31 -- MONEY AND FINANCE
Section 6701, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1010; Pub.
L. 98-185, 2, 9(a), Nov. 30, 1983, 97 Stat. 1309, 1311, related to
definitions and application of chapter.
Section 6702, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1012,
related to payments to governments.
Section 6703, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1012; Pub.
L. 98-185, 3, Nov. 30, 1983, 97 Stat. 1309, related to State and
Local Government Fiscal Assistance Trust Fund.
Section 6704, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1013; Pub.
L. 98-185, 9(b), Nov. 30, 1983, 97 Stat. 1311, related to
qualifications of State or local governments for payments under this
chapter.
Section 6705, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1014,
related to State government allocations.
Section 6706, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1014,
related to reductions in State government allocations.
Section 6707, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1016; Pub.
L. 98-185, 9(c), Nov. 30, 1983, 97 Stat. 1312, related to State
allocations for units of general local government.
Section 6708, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1017,
related to county area and county government allocations.
Section 6709, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1018; Pub.
L. 97-452, 1(25), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98-185, 9(
d), Nov. 30, 1983, 97 Stat. 1312, related to other local government
allocations.
Section 6710, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1020,
related to separate law enforcement officer allocations for Louisiana.
Section 6711, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1021; Pub.
L. 98-185, 4, Nov. 30, 1983, 97 Stat. 1309, related to State
variation of local government allocations.
Section 6712, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1021,
related to adjustments of local government allocations.
Section 6713, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1022; Pub.
L. 98-185, 5, 9(e), Nov. 30, 1983, 97 Stat. 1309, 1312, related to
information used in allocation formulas.
Section 6714, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1023; Pub.
L. 98-185, 6, Nov. 30, 1983, 97 Stat. 1310, related to public
hearings.
Section 6715, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1024,
related to prohibition on using payments to influence legislation.
Section 6716, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1024; Pub.
L. 98-185, 9(f), (g), Nov. 30, 1983, 97 Stat. 1312; Pub. L. 98-216,
1(8), Feb. 14, 1984, 98 Stat. 4, related to prohibition of
discrimination.
Section 6717, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1025; Pub.
L. 98-185, 7, 9(h), Nov. 30, 1983, 97 Stat. 1310, 1312, related to
discrimination proceedings.
Section 6718, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1026; Pub.
L. 98-185, 9(i), Nov. 30, 1983, 97 Stat. 1312, related to suspension
and termination of payments in discrimination proceedings.
Section 6719, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1027,
related to compliance agreements.
Section 6720, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1027,
related to enforcement by Attorney General of prohibitions on
discrimination.
Section 6721, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1028,
related to civil action by person adversely affected.
Section 6722, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1028,
related to judicial review.
Section 6723, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1029; Pub.
L. 98-185, 8, Nov. 30, 1983, 97 Stat. 1310, related to audits,
investigations, and reviews.
Section 6724, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1030,
related to reports to Congress.
Pub. L. 99-272, title XIV, 14001(a), (c)-(e), Apr. 7, 1986, 100
Stat. 327, 329, provided that:
''(a) In General. -- (1) Except as otherwise provided in this
section, chapter 67 of title 31, United States Code, is hereby repealed.
''(2) The Secretary of the Treasury shall continue to be the trustee
of the Trust Fund, which shall remain in existence until all entitlement
payments which are required to be made under the Revenue Sharing Act are
made in accordance with the terms of such Act. Any funds remaining in
the Trust Fund after all of such entitlement payments are completely
made shall revert to the General Fund of the Treasury of the United
States.
''(3) The Secretary is authorized to take such necessary or
appropriate actions, to carry out the requirements of this Act (see
Tables for classification) with respect to funds appropriated to the
Trust Fund, as were authorized under the terms of the Revenue Sharing
Act, including but not limited to enforcement of the regulatory
provisions concerning nondiscrimination, audits, accounting procedures,
public hearings, expenditures in accordance with State and local law,
and cooperation with reasonable requests for information.
''(4) The Secretary may increase or decrease a payment to a unit of
general local government under the Revenue Sharing Act for the
entitlement period ending September 30, 1986, to account for a prior
underpayment or overpayment only if the increase or decrease is demanded
by the Secretary or such unit of general local government before June 2,
1986.
''(5) Amounts paid to units of general local government from the
Trust Fund shall be used, obligated, or appropriated by the units of
general local government before October 1, 1987, and shall continue to
be subject to the terms of the Revenue Sharing Act.
''(6) Subsection (a)(1) of this section shall not have the effect of
releasing or extinguishing any fiscal sanction, finding, determination,
compliance agreement, or other duly authorized action for the purpose of
sustaining any proper action or prosecution for enforcement authorized
under the terms of the Revenue Sharing Act.
''(7) The Attorney General, and persons adversely affected by a
practice of a local government, may bring a civil action in an
appropriate district court of the United States against the applicable
unit of general local government as authorized under the Revenue Sharing
Act. The court is authorized to grant such relief as was authorized
under the terms of the Revenue Sharing Act.
''(8) The Secretary shall report to Congress on the operation and
status of the Trust Fund and the implementation of this section not
later than December 1 of each year the Trust Fund remains on the books
of the Department of the Treasury.
''(c) Definitions. -- For purposes of this section --
''(1) The term 'Trust Fund' means the State and Local Government
Fiscal Assistance Trust Fund established under the Revenue Sharing Act.
''(2) The term 'Revenue Sharing Act' means the provisions of chapter
67 of title 31, United States Code, as in effect on the day before the
date of enactment of this Act (Apr. 7, 1986) and subject to the terms of
any appropriation Act of fiscal year 1986.
''(3) The term 'Secretary' means the Secretary of the Treasury.
''(d) Authorization of Appropriations. -- There are hereby authorized
to be appropriated for fiscal year 1987 such sums as may be necessary to
administer the provisions of this section.
''(e) Effective Dates. -- (1) Except as otherwise provided in this
subsection, the repeal and amendments made by this section, and the
provisions of this section (amending section 1715z-13 of Title 12, Banks
and Banking, section 3502 of Title 16, Conservation, and sections 1315,
1471, 5302, 5318, and 6101 of Title 42, The Public Health and Welfare,
and repealing this chapter), shall take effect on the earlier of --
''(A) the date of the adjournment sine die of the 99th Congress (Oct.
18, 1986), or
''(B) December 31, 1986,
unless the provisions of chapter 67 of title 31, United States Code,
are amended before the earlier of such dates to apply to any entitlement
period beginning after September 30, 1986.
''(2) The provisions of subsections (a)(4), (c), and (d) shall take
effect on the date of enactment of this Act (Apr. 7, 1986).
''(3) Nothing in this section shall be construed to prevent the
payment of any allocation for the entitlement period ending September
30, 1986.''
31 USC CHAPTER 69 -- PAYMENT FOR ENTITLEMENT LAND
TITLE 31 -- MONEY AND FINANCE
Sec.
6901. Definitions.
6902. Authority and eligibility.
6903. Payments.
6904. Additional payments.
6905. Redwood National Park and the Lake Tahoe Basin.
6906. Authorization of appropriations.
6907. State legislation requiring reallocation or redistribution of
payments to smaller units of general purpose government. /1/
/1/ Editorially supplied. Section 6907 added by Pub. L. 98-63
without enactment of section catchline or amendment of chapter analysis.
31 USC 6901. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''entitlement land'' means land owned by the United States
Government --
(A) that is in the National Park System or the National Forest
System, including wilderness areas and lands described in section 2 of
the Act of June 22, 1948 (16 U.S.C. 577d), and section 1 of the Act of
June 22, 1956 (16 U.S.C. 577d-1);
(B) the Secretary of the Interior administers through the Bureau of
Land Management;
(C) dedicated to the use of the Government for water resource
development projects;
(D) on which are located semi-active or inactive installations
(except industrial installations) that the Secretary of the Army keeps
for mobilization and for reserve component training;
(E) that is a dredge disposal area under the jurisdiction of the
Secretary of the Army;
(F) that is located in the vicinity of Purgatory River Canyon and
Pinon Canyon, Colorado, and acquired after December 23, 1981, by the
United States Government to expand the Fort Carson military
installation; or
(G) that is a reserve area (as defined in section 401(g)(3) of the
Act of June 15, 1935 (16 U.S.C. 715s(g)(3))).
(2) ''unit of general local government'' means:
(A) a county (or parish), township, borough existing in Alaska on
October 20, 1976, /1/ or city where the city is independent of any other
unit of general local government, that: (i) is within the class or
classes of such political subdivisions in a State that the Secretary of
the Interior, in his discretion, determines to be the principal provider
or providers of governmental services within the State; and (ii) is a
unit of general government as determined by the Secretary of the
Interior on the basis of the same principles as were used on January 1,
1983, by the Secretary of Commerce for general statistical purposes.
The term ''governmental services'' includes, but is not limited to,
those services that relate to public safety, environment, housing,
social services, transportation, and governmental administration;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam; and
(E) the Virgin Islands.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1031; Pub. L. 98-63, title
I, 101(1), July 30, 1983, 97 Stat. 323.)
In clause (1), before subclause (A), the text of 31:1606(b) is
omitted as unnecessary because of the restatement of the source
provisions. In subclause (A), the word ''and'' is substituted for
''within each, or any combination thereof'' to eliminate unnecessary
words. The words ''but not limited to'' are omitted as surplus. In
subclause (D), the words ''effective October 1, 1978'' are omitted as
executed. The words ''Secretary of the Army'' are substituted for
''Army'' for consistency. In subclause (E), the words ''owned by the
United States'' are omitted as surplus. The words ''Secretary of the
Army'' are substituted for ''Army Corps of Engineers'' because of 10:
3012. In subclause (F), the word ''Government'' is added for clarity.
In subclause (G), the words ''In administering sections 1601 to 1607 of
title 31'' are omitted as unnecessary. The words ''for fiscal years
occurring after September 30, 1978'' are omitted as executed. Subclause
(G) is substituted for 16:715s(h)(1) because of the restatement.
In clause (2), before subclause (A), the word ''general'' is added
for consistency in the title. In subclause (A), the word ''parish'' is
omitted as unnecessary because of 1:2. The word ''city'' is substituted
for ''municipality'' for consistency in the subtitle. The words ''State
of'' are omitted as surplus. The words ''political subdivision of a
State'' are substituted for ''unit of government below the State'' for
consistency. The words ''the basis of'' are omitted as surplus. The
word ''basis'' is substituted for ''principle'' for consistency in the
subtitle. The words ''Secretary of Commerce'' are substituted for
''Bureau of the Census'', and the words ''general purpose political
subdivision of a State'' are substituted for ''unit of general
government'', for consistency. In subclause (B), the words ''Such term
also includes'' are omitted as unnecessary. Subclause (D) is added
because of section 502 of the Covenant to Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United States
of America.
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1775, which
directed that the ''Payments in Lieu of Taxes Act (31 U.S.C. 6901(2)) is
amended by deleting the phrase 'existing in the State of Alaska on the
date of enactment of this Act' from the definition of a unit of
Government'' could not be executed because the language of this section
as enacted by Pub. L. 97-258 was not the same as the directory
language.
1983 -- Par. (2). Pub. L. 98-63 amended par. (2) generally,
substituting in subpar. (A) ''a county (or parish), township, borough
existing in Alaska on October 20, 1976, or city where the city is
independent of any other unit of general local government, that: (i) is
within the class or classes of such political subdivisions in a State
that the Secretary of the Interior, in his discretion, determines to be
the principal provider or providers of governmental services within the
State; and (ii) is a unit of general government as determined by the
Secretary of the Interior on the basis of the same principles as were
used on January 1, 1983, by the Secretary of Commerce for general
statistical purposes. The term 'governmental services' includes, but is
not limited to, those services that relate to public safety,
environment, housing, social services, transportation, and governmental
administration'' for ''a county, city, township, borough existing in
Alaska on October 20, 1976, or other political subdivision of a State
that the Secretary of the Interior, on the same basis that the Secretary
of Commerce uses for general statistical purposes, decides is a general
purpose political subdivision of a State''; including the District of
Columbia in definition; and excluding the Commonwealth of the Northern
Mariana Islands from definition.
/1/ See Codification note below.
31 USC 6902. Authority and eligibility
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Interior shall make a payment for each
fiscal year to each unit of general local government in which
entitlement land is located. A unit may use the payment for any
governmental purpose.
(b) A unit of general local government may not receive a payment for
land for which payment under this chapter otherwise may be received if
the land was owned or administered by a State or unit and was exempt
from real estate taxes when the land was conveyed to the United States
Government. This subsection does not apply to payments for land a State
or unit acquires from a private party to donate to the Government within
8 years of acquisition.
(c) A unit of general local government receiving payment for a fiscal
year for land under the Act of August 28, 1937 (43 U.S.C. 1181a et
seq.), or the Act of May 24, 1939 (ch. 144, 53 Stat. 753), may not
receive a payment under this chapter for the land for that fiscal year.
This chapter does not apply to either Act.
(d) If the total payment to a unit of general local government for a
fiscal year would be less than $100, the Secretary may not make the
payment.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1032.)
In subsection (a), the words ''Effective for fiscal years beginning
on and after October 1, 1976'' are omitted as executed. The words ''(as
defined in section 1606 of this title)'' are omitted because of the
restatement. The text of 31:1601(last sentence) is omitted as
unnecessary.
In subsection (b), the word ''or'' is substituted for ''and/or'' for
consistency. The words ''except that, beginning in fiscal year 1979''
are omitted as executed. The words ''of such land'' are omitted as
surplus. The word ''Federal'' is omitted as unnecessary. The words
''and which is or was so donated . . . thereof by the State or unit of
local government'' are omitted as surplus.
In subsection (c), the citation in parentheses for the Act of May 24,
1939, is included only for information purposes.
In subsection (d), the words ''county or'' are omitted as unnecessary
because a county is a unit of general local government under section
6901 of the revised title.
Act of August 28, 1937, referred to in subsec. (c), is act Aug. 28,
1937, ch. 876, 50 Stat. 874, as amended, which is classified to
sections 1181a to 1181f of Title 43, Public Lands. For complete
classification of this Act to the Code, see Tables.
Act of May 24, 1939 (ch. 144, 53 Stat. 753), referred to in subsec.
(c), is act May 24, 1939, ch. 144, 53 Stat. 753, which is classified
to sections 1181f-1 to 1181f-4 of Title 43. For complete classification
of this Act to the Code, see Tables.
31 USC 6903. Payments
TITLE 31 -- MONEY AND FINANCE
(a) In this section --
(1) ''payment law'' means --
(A) the Act of June 20, 1910 (ch. 310, 36 Stat. 557);
(B) section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1012);
(C) the Act of May 23, 1908 (16 U.S.C. 500);
(D) section 5 of the Act of June 22, 1948 (16 U.S.C. 577g, 577g-1);
(E) section 401(c)(2) of the Act of June 15, 1935 (16 U.S.C. 715s(
c)(2));
(F) section 17 of the Federal Power Act (16 U.S.C. 810);
(G) section 35 of the Act of February 25, 1920 (30 U.S.C. 191);
(H) section 6 of the Mineral Leasing Act for Acquired Lands (30 U.S.
C. 355);
(I) section 3 of the Act of July 31, 1947 (30 U.S.C. 603); and
(J) section 10 of the Act of June 28, 1934 (known as the Taylor
Grazing Act) (43 U.S.C. 315i).
(2) population shall be determined on the same basis that the
Secretary of Commerce determines resident population for general
statistical purposes.
(3) a unit of general local government may not be credited with a
population of more than 50,000.
(b)(1) A payment under section 6902 of this title is equal to the
greater of --
(A) 75 cents for each acre of entitlement land located within a unit
of general local government (but not more than the limitation determined
under subsection (c) of this section) reduced (but not below 0) by
amounts the unit received in the prior fiscal year under a payment law;
or
(B) 10 cents for each acre of entitlement land located in the unit
(but not more than the limitation determined under subsection (c) of
this section).
(2) The chief executive officer of a State shall submit to the
Secretary of the Interior a statement on the amounts of payments the
State transfers to each unit of general local government in the State
out of amounts received under a payment law.
(c)(1) The limitation for a unit of general local government with a
population of not more than 4,999 is $50 times the population.
(2) The limitation for a unit of general local government with a
population of at least 5,000 is the following amount (rounding the
population off to the nearest thousand):
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1032; Pub. L. 98-63, title
I, 101(2), July 30, 1983, 97 Stat. 324.)
In subsection (a)(1), before subclause (A), the word ''payment'' is
added for clarity. Subclause (E) is substituted for 16:715s(h)(2)
because of the restatement. In clause (2), the words ''Secretary of
Commerce'' are substituted for ''Bureau of the Census'' for consistency.
In clause (4), the words ''the jurisdiction of'' are omitted as
surplus. The word ''deemed'' is substituted for ''treated'' for
consistency.
In subsections (b) and (c), the word ''population'' before
''limitation'' is omitted as unnecessary.
In subsection (b)(1), before clause (A), the words ''The amount of .
. . made for any fiscal year to a unit of local government . . . the
following amounts'' are omitted as surplus. In clauses (A) and (B), the
words ''the boundaries of'' are omitted as surplus. In clause (A), the
words ''aggregate . . . of payments, if any'' are omitted as surplus.
The words ''a payment law'' are substituted for ''all of the provisions
specified in section 1604 of this title'' because of the restatement.
In subsection (b)(2), the words ''chief executive officer'' are
substituted for ''Governor (or his delegate)'' for consistency in the
revised title and with other titles of the United States Code. The
words ''a payment law'' are substituted for ''a provision specified in
section 1604 of this title'' because of the restatement of 31:1604 in
subsection (a).
In subsection (c)(1), the words ''amount equal to'' and ''within the
jurisdiction of such unit of local government'' are omitted as surplus.
In subsection (c)(2), the words ''computed under the . . . table''
are omitted as unnecessary. The words ''the limitation is equal to the
population times'' are substituted for ''Payment shall not exceed the
amount computed by multiplying such population by'' for clarity and
consistency.
Act of June 20, 1910 (ch. 310, 36 Stat. 557), referred to in subsec.
(a)(1)(A), is not classified to the Code.
1983 -- Subsec. (a)(4). Pub. L. 98-63 struck out par. (4) which
provided that if any part of a small unit was located within another
unit, entitlement land within both units was deemed to be located within
the smaller unit.
Section 101(3) of Pub. L. 98-63 provided in part that: ''The United
States shall not be subject to any cause of action or any liability for
distribution of payments made prior to January 1, 1983, under the Act of
October 20, 1976 (90 Stat. 2662), as amended (Pub. L. 94-565, see 31
U.S.C. 6901 et seq.), or regulations pursuant thereto.''
31 USC 6904. Additional payments
TITLE 31 -- MONEY AND FINANCE
(a) In addition to payments the Secretary of the Interior makes under
section 6902 of this title, the Secretary shall make a payment for each
fiscal year to a unit of general local government collecting and
distributing real property taxes (including a unit in Alaska outside the
boundaries of an organized borough) in which is located an interest in
land that --
(1) the United States Government acquires for --
(A) the National Park System; or
(B) the National Forest Wilderness Areas; and
(2) was subject to local real property taxes within the 5-year period
before the interest is acquired.
(b) The Secretary shall make payments only for the 5 fiscal years
after the fiscal year in which the interest in land is acquired. Under
guidelines the Secretary prescribes, the unit of general local
government receiving the payment from the Secretary shall distribute
payments proportionally to units and school districts that lost real
property taxes because of the acquisition of the interest. A unit
receiving a distribution may use a payment for any governmental purpose.
(c) Each yearly payment by the Secretary under this section is equal
to one percent of the fair market value of the interest in land on the
date the Government acquires the interest. However, a payment may not
be more than the amount of real property taxes levied on the property
during the last fiscal year before the fiscal year in which the interest
is acquired. A decision on fair market value under this section may not
include an increase in the value of an interest because the land is
rezoned when the rezoning causes the increase after the date of
enactment of a law authorizing the acquisition of an interest under
subsection (a) of this section.
(d) The Secretary may prescribe regulations under which payments may
be made to units of general local government when subsections (a) and
(b) of this section will not carry out the purpose of subsections (a)
and (b).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1033.)
In the section, the words ''land or'' are omitted as being included
in ''interest in land''.
In subsection (a), before clause (1), the words ''the Secretary of
the Interior makes'' are added for clarity. The words ''unit of general
local government collecting and distributing real property taxes
(including a unit in Alaska outside the boundaries of an organized
borough)'' are substituted for ''county'' and 31:1603(a)(3d sentence)
and (e) to eliminate unnecessary words. The words ''the jurisdiction
of'' are omitted as surplus. In subclause (A), the words ''for the
Redwood National Park pursuant to subchapter VII of chapter 1 of title
16'' are omitted as executed because the Redwood National Park is now
part of the National Park System.
In subsection (b), the words ''The Secretary shall make payments only
for the 5 fiscal years after the fiscal year in which the interest in
land is acquired'' are substituted for 31:1603(b)(1st sentence) and (d)
to eliminate unnecessary words. The words ''affected'' and ''for
addition to either such systems'' are omitted as surplus. The words
''receiving a distribution'' are added for clarity.
In subsection (c), the words ''The amount of . . . made . . . fiscal
. . . to any unit of local government and affected school districts''
are omitted as surplus. The words ''by the Secretary'' are added for
clarity. The words ''made for any fiscal year to a unit of local
government under subsection (a) of this section'', ''assessed and'',
''full'', and ''for addition to the National Park System or National
Forest Wilderness Areas'' are omitted as surplus.
section 1457a.
31 USC 6905. Redwood National Park and the Lake Tahoe Basin
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary of the Interior shall make a payment for each
fiscal year to each unit of general local government in which an
interest in land owned by the United States Government in the Redwood
National Park is located. A unit may use the payment for any
governmental purpose. The payment shall be made as provided in section
6903 of this title and shall include an amount payable under section
6903.
(b)(1) In addition to payments the Secretary makes under subsection
(a) of this section, the Secretary shall make a payment for each fiscal
year to each unit of general local government in which is located an
interest in land --
(A) owned by the Government in the Redwood National Park; or
(B) acquired in the Lake Tahoe Basin under the Act of December 23,
1980 (Public Law 96-586, 94 Stat. 3383).
(2) The payment shall be made as provided in section 6904 of this
title and shall include an amount payable under section 6904. However,
an amount computed but not paid because of the first sentence of
subsection (b) and the 2d sentence of subsection (c) of section 6904
shall be carried forward and applied to future years in which the
payment would not otherwise equal the amount of real property taxes
assessed and levied on the land during the last fiscal year before the
fiscal year in which the interest was acquired until the amount is
applied completely.
(3) The unit of general local government may use the payment for any
governmental purpose.
(4) The Redwoods Community College District is a school district
under section 6904(b) of this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1034.)
In subsection (a), the words ''Notwithstanding any contrary provision
of sections 1601 to 1607 of title 31'' are omitted as unnecessary
because of the restatement. The word ''general'' is added for
consistency in the revised title and with other titles of the United
States Code. The words ''an interest in'' are added for consistency
because of the source provisions restated in the revised section. The
word ''Government'' is added for consistency in the revised title and
with other titles of the Code. The text of 16:79o( a)(last sentence) is
omitted as unnecessary.
In subsection (b)(1)-(3), the source provisions are combined for
clarity and because of the restatement.
In subsection (b)(2), the words ''portion of the total'', ''full'',
and ''land or'' are omitted as surplus. The words ''for addition to
Redwood National Park'' are omitted as unnecessary because of the
restatement.
In subsection (b)(4), the word ''affected'' is omitted as surplus.
The provisions of Act of December 23, 1980 (Public Law 96-586, 94
Stat. 3383) which relate to the acquisition of the Lake Tahoe Basin,
referred to in subsec. (b)(1)(B), are not classified to the Code.
31 USC 6906. Authorization of appropriations
TITLE 31 -- MONEY AND FINANCE
Necessary amounts may be appropriated to the Secretary of the
Interior to carry out this chapter. Amounts are available only as
provided in appropriation laws.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1035.)
The words ''to the Secretary of the Interior'' are added for clarity.
The words ''Provided, That, notwithstanding any other provision of this
chapter'' and ''in advance'' are omitted as unnecessary.
31 USC 6907. State legislation requiring reallocation or redistribution
of payments to smaller units of general purpose government /1/
TITLE 31 -- MONEY AND FINANCE
(a) Notwithstanding any other provision of this chapter, a State may
enact legislation which requires that any payments which would be made
to units of general local government pursuant to this chapter be
reallocated and redistributed in whole or part to other smaller units of
general purpose government which (1) are located within the boundaries
of the larger unit of general local government, (2) provide general
governmental services and (3) contain entitlement lands within their
boundaries. Such reallocation or redistribution shall generally reflect
the level of services provided by, and the number of entitlement acres
within, the smaller unit of general local government.
(b) Upon enactment of legislation by a State, described in subsection
(a), the Secretary shall make one payment to such State equaling the
aggregate amount of payments which he otherwise would have made to units
of general local government within such State pursuant to this chapter.
It shall be the responsibility of such State to make any further
distribution of the payment pursuant to subsection (a). Such
redistribution shall be made within 30 days after receipt of such
payment. No payment, or portion thereof, made by the Secretary shall be
used by any State for the administration of this subsection or
subsection (a).
(c) Appropriations made for payments in lieu of taxes for a fiscal
year may be used to correct underpayments in the previous fiscal year to
achieve equity among all qualified recipients.
(Added Pub. L. 98-63, title I, 101(4), July 30, 1983, 97 Stat. 324.)
/1/ Section catchline editorially supplied.
31 USC CHAPTER 71 -- JOINT FUNDING SIMPLIFICATION
TITLE 31 -- MONEY AND FINANCE
Sec.
7101. Purposes.
7102. Definitions.
7103. Authority of the President and heads of executive agencies.
7104. Processing project requests to be financed by at least 2
assistance programs.
7105. Prescribing uniform technical and administrative provisions.
7106. Delegation of supervision of assistance.
7107. Joint management funds.
7108. Limitation on authority under sections 7105-7107.
7109. Appropriations available for joint financing.
7110. Use of joint financing provisions for Federal-State assisted
projects.
7111. Report to Congress.
7112. Expiration date.
42 section 3020a.
31 USC 7101. Purposes
TITLE 31 -- MONEY AND FINANCE
The purposes of this chapter are to --
(1) enable States, local governments, and private nonprofit
organizations to use assistance of the United States Government more
effectively and efficiently;
(2) adapt the assistance more readily to particular needs through
wider use of projects that are supported by more than one executive
agency, assistance program, or appropriation of the United States
Government; and
(3) encourage Federal-State arrangements under which local
governments and private nonprofit organizations may more effectively and
efficiently combine Federal and State resources to support projects of
common interest to those local governments and those organizations.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1035.)
In the chapter, the words ''executive agency'' are substituted for
''Federal agency'' because of the definition in section 102 of the
revised title. The words ''assistance program'' are substituted for
''Federal assistance programs'' because of the definition in section
7102 of the revised title.
In the section, the words ''resources available from'' and ''It is
the further purpose of this chapter'' are omitted as unnecessary because
of the restatement.
31 USC 7102. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''applicant'' means a State, local government, or private
nonprofit organization applying for assistance for one project.
(2) ''assistance program'' means a program of the United States
Government providing assistance through a grant or contract but does not
include revenue sharing, a loan, a loan guarantee, or insurance.
(3) ''local government'' means a county, city, political subdivision
of a county or city, or other general purpose politicial /1/ subdivision
of a State, a school district, a council of governments, or other
instrumentality of a local government.
(4) ''project'' means an undertaking that includes components that
contribute materially to carrying out one purpose or closely related
purposes and are proposed or approved for assistance under --
(A) more than one United States Government program; or
(B) at least one Government program and at least one State program.
(5) ''State'' means a State of the United States, the District of
Columbia, a territory or possession of the United States, an agency or
instrumentality of a State, and a tribe as defined in section 3(c) of
the Indian Financing Act of 1974 (25 U.S.C. 1452(c)).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1035.)
In clause (1), the words ''applying for'' are substituted for
''seeking'' for clarity. The words ''acting separately or together''
are omitted as unnecessary. The text of 42:4261(4) is omitted as
unnecessary because of section 102 of the revised title.
In clause (2), the words ''of the United States Government'' are
added for clarity. The words ''assistance in the form of'' are omitted
as unnecessary.
In clause (3), the words ''a county, city, political subdivision of a
county or city, or other general purpose political subdivision of a
State'' are substituted for ''a local unit of government including a
city, county, parish, town, township, village,'' for consistency in the
revised title and because of 1:2. The word ''agency'' is omitted because
it is included in ''instrumentality''.
In clause (4), the words ''that contribute'' are substituted for ''if
each of those components'' to eliminate unnecessary words. The words
''whether of a temporary or continuing nature'' are omitted as
unnecessary.
In clause (5), the words ''any of the several'' are omitted as
unnecessary. The words ''the Commonwealth of Puerto Rico'' are omitted
as being included in ''territory or possession of the United States''
and as unnecessary because of 48:734.
/1/ So in original. Probably should be ''political''.
31 USC 7103. Authority of the President and heads of executive agencies
TITLE 31 -- MONEY AND FINANCE
(a) The President shall prescribe necessary regulations to carry out
section 7101 of this title and to ensure that this chapter is applied by
all executive agencies consistently. The regulations may require
executive agencies to adopt or prescribe procedures requiring applicants
for assistance for a project to be jointly financed under this chapter
to take steps to --
(1) get the views and recommendations of States and local governments
that may be significantly affected by the project; and
(2) resolve questions of common interest to those States and local
governments before making application.
(b) Subject to regulations prescribed under subsection (a) of this
section and other law, the head of an executive agency may do the
following by an order of the agency head or by agreement with another
executive agency:
(1) identify related programs likely to be particularly suitable in
providing joint financing for specific kinds of projects.
(2) to assist in planning and developing a project financed from
different programs, develop and prescribe --
(A) guidelines;
(B) model or illustrative projects;
(C) joint or common application forms; and
(D) other materials or guidance.
(3) review administrative program requirements to identify
requirements that may impede joint financing of a project and modify the
requirements when appropriate.
(4) establish common technical or administrative regulations for
related programs to assist in providing joint financing to support a
specific project or class of projects.
(5) establish joint or common application processing and project
supervision procedures, including procedures for designating --
(A) a lead agency responsible for processing applications; and
(B) a managing agency responsible for project supervision.
(c) The head of an executive agency shall --
(1) take maximum action to carry out section 7101 of this title in
conducting an assistance program of the agency; and
(2) consult and cooperate with the heads of other executive agencies
to carry out section 7101 of this title in conducting assistance
programs of different executive agencies that may be used jointly to
finance projects undertaken by States, local governments, or private
nonprofit organizations.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1036.)
In subsection (a), before clause (1), the words ''as may be necessary
or appropriate'' are omitted as unnecessary. The words ''to carry out
section 7101 of this title'' are substituted for ''in accordance with
its purposes'' as being more precise. The word ''requiring'' is
substituted for ''that will assure that'' to eliminate unnecessary
words. The words ''to be jointly financed under this chapter'' are
substituted for ''funded pursuant to the provisions of this chapter''
for clarity and consistency. In clause (1), the words ''States and
local governments'' are substituted for ''non-Federal agencies'' for
clarity and because of the definition in section 7102.
In subsection (b), before clause (1), the words ''under subsection
(a) of this section'' are substituted for ''as the President may
prescribe'' because of the restatement. The words ''applicable'' and
''take the following actions'' are omitted as unnecessary. In clauses
(1), (3), and (4), the words ''joint financing'' are substituted for
''joint support'' and ''joint use of funds'' for consistency in the
revised chapter. In clause (1), the words ''or appropriate'' and
''thereunder'' are omitted as unnecessary. In clause (3), the words
''to identify'' are substituted for ''in order to determine'', and the
word ''modify'' is substituted for ''the extent to which such
requirements may be modified'' and ''making such modifications'', to
eliminate unnecessary words. In clause (5), the words ''or mechanisms''
and ''for designation'' are omitted as unnecessary.
In subsection (c), the words ''take maximum action'' are substituted
for ''be responsible for taking actions, to the maximum extent permitted
under applicable law'' to eliminate unnecessary words. The words ''to
carry out section 7101 of this title'' are substituted for ''that will
further the purpose of this chapter'' and ''to promote the purposes of
this chapter'' as being more precise. The words ''in conducting'' are
substituted for ''with respect to'' for clarity. The words ''used
jointly to finance'' are substituted for ''used jointly in support of''
for consistency in the revised chapter. The words ''Each Federal agency
head shall also'' and the words ''in order similarly'' are omitted as
surplus.
Ex. Ord. No. 11867, eff. June 19, 1975, 40 F.R. 26253, which
delegated to Administrator of General Services authority to issue
regulations, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.
R. 7237.
Ex. Ord. No. 11893, eff. Dec. 31, 1975, 41 F.R. 1040, provided:
By virtue of the authority vested in me as President by the
Constitution and Statutes of the United States, particularly by section
301 of title 3 of the United States Code, the Federal Property and
Administrative Services Act of 1949, as amended, the Budget and
Accounting Act, 1921, as amended, the Budget and Accounting Procedures
Act of 1950, as amended, Reorganization Plan No. 2 of 1970 (set out in
the Appendix to Title 5, Government Organization and Employees); and
section 5317 of title 5 of the United States Code, it is hereby ordered
as follows:
Section 1. There are hereby transferred to the Director of the
Office of Management and Budget all policy functions that were
transferred to the Administrator of General Services by Section 1 (1) of
Executive Order No. 11717, dated May 9, 1973 (set out as a note under
section 501 of Title 31, Money and Finance), and Executive Order No.
11867, dated June 19, 1975 (formerly set out above).
Sec. 2. The Director of the Office of Management and Budget shall
continue to perform policy formulation and general oversight functions
with regard to the other transfers made by Executive Order No. 11717
and Executive Order No. 11867. No function vested by statute in the
Administrator shall be deemed to be affected by the provisions of this
order.
Sec. 3. So much of the personnel, property and records attendant to
the functions transferred by this order as the Director of the Office of
Management and Budget shall determine, shall be transferred to the
Office of Management and Budget, at such times as the Director shall
specify.
Sec. 4. Executive Order No. 11717 of May 9, 1973, and Executive
Order No. 11867 of June 19, 1975, are hereby superseded to the extent
that they are inconsistent with this order. Any circulars, directives,
or regulations issued pursuant to functions transferred by this order
shall remain in effect until modified or rescinded by the Office of
Management and Budget.
Sec. 5. Section 2 of Executive Order No. 11861 of May 21, 1975, as
amended (formerly set out as a note under section 5317 of Title 5,
Government Organization and Employees), placing certain positions in
level V of the Executive Schedule, is further amended by deleting ''(9)
Associate Administrator for Federal Management Policy, General Services
Administration.''.
Sec. 6. This order shall be effective as of December 31, 1975.
Gerald R. Ford.
31 USC 7104. Processing project requests to be financed by at least 2
assistance programs
TITLE 31 -- MONEY AND FINANCE
In processing an application or request for assistance for a project
to be financed by at least 2 assistance programs, the head of an
executive agency shall take action that will ensure that --
(1) required reviews and approvals are handled expeditiously;
(2) complete account is taken of special considerations of timing
that are made known by the applicant that would affect the feasibility
of a jointly financed project;
(3) an applicant is required to deal with a minimum number of
representatives of the United States Government;
(4) an applicant is promptly informed of a decision or special
problem that could affect the feasibility of providing joint assistance
under the application; and
(5) an applicant is not required to get information or assurances
from one executive agency for a requesting executive agency when the
requesting agency may get the information or assurances directly.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1037.)
In the section, before clause (1), the words ''for a project to be
financed by at least 2 assistance programs'' are substituted for ''under
two or more Federal programs in support of any project'' for consistency
in the revised chapter. The words ''shall take action'' are substituted
for ''Actions taken by Federal agency heads pursuant to this chapter
that relate to'', and the words ''that will ensure'' are substituted for
''shall be designed to assure'', to eliminate unnecessary words. The
words ''so far as reasonably possible'' are omitted as surplus. In
clause (4), the word ''impediments'' is omitted as surplus. The word
''providing'' is substituted for ''Federal provision of'', and the words
''joint assistance under the application'' are substituted for ''on a
joint basis'', to eliminate unnecessary words. Clause (5) is
substituted for 42:4253(5) because of the restatement.
31 USC 7105. Prescribing uniform technical and administrative
provisions
TITLE 31 -- MONEY AND FINANCE
(a) To make participation in a project easier than would be possible
because of varying or conflicting technical or administrative
regulations and procedures not required by law, the head of an executive
agency may prescribe uniform provisions about inconsistent or
conflicting requirements on --
(1) financial administration of the project (including accounting,
reporting and auditing, and maintaining a separate bank account), to the
extent consistent with section 7108 of this title;
(2) the timing of payments by the United States Government for the
project when one schedule or a combined schedule is to be established
for the project;
(3) providing assistance by grant rather than procurement contract or
by procurement contract rather than by grant; and
(4) accountability for, or the disposition of, records, property, or
structures acquired or constructed with assistance from the Government
when common regulations are established for the project.
(b) To make easier the processing of applications for assistance, the
head of an executive agency may provide for review of proposals for a
project by one panel, board, or committee where reviews by separate
panels, boards, or committees are not specifically required by law.
(c) Notwithstanding a requirement that one public agency or a
specific public agency be established or designated to carry out or
supervise that part of the assistance from the Government under an
assistance program for a jointly financed project, the head of the
executive agency carrying out the program may waive the requirement when
--
(1) administration by another public agency is consistent with State
or local law and the objectives of the assistance program; and
(2)(A) the waiver is requested by the head of a unit of general
government certifying jurisdiction over the public agencies concerned;
or
(B) the State or local public agencies concerned agree to the waiver.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1037.)
In subsection (a), before clause (1), the words ''To make
participation in a project easier than would be possible'' are
substituted for ''In order to provide for projects'' for clarity. The
words ''because of'' are substituted for ''that would otherwise be
subject to'' to eliminate unnecessary words. The word ''prescribe'' is
substituted for ''adopt'', and the word ''about'' is substituted for
''with respect to'', for consistency in the revised title. In clause
(2), the words ''payments by the United States Government'' are
substituted for ''Federal payments'' for consistency in the revised
title. In clause (3), the words ''providing assistance by'' are
substituted for ''that assistance be extended in the form of'' to
eliminate unnecessary words. The word ''procurement'' is added for
consistency with chapter 63 of the revised title. In clause (4), the
words ''assistance from the Government'' are substituted for ''Federal
assistance'' for consistency.
In subsection (b), the words ''To make easier'' are substituted for
''In order to permit'', and the words ''applications for assistance''
are substituted for ''applications in accordance with the purposes of
this chapter'', for clarity. The words ''where . . . are not'' are
substituted for ''except when such review is'' because of the
restatement.
Subsection (c) is substituted for 42:4255(c) for consistency in
subtitle V of the revised title.
31 USC 7106. Delegation of supervision of assistance
TITLE 31 -- MONEY AND FINANCE
With the approval of the President, the head of an executive agency
may delegate or otherwise arrange to have another executive agency carry
out or supervise a project or class of projects jointly financed under
this chapter. A delegation --
(1) shall be made under conditions ensuring that duties and powers
delegated are exercised consistent with law; and
(2) may not relieve the head of an executive agency of responsibility
for the proper and efficient management of a project for which the
agency provides assistance.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1038.)
In the section, before clause (1), the words ''to have another
executive agency carry out or supervise'' are substituted for ''to other
Federal agencies powers and functions relating to the supervision or
administration'' to eliminate unnecessary words. In clause (1), the
words ''under conditions ensuring'' are substituted for ''only on such
conditions as may be appropriate to assure'', the word ''consistent'' is
substituted for ''in full conformity'', and the word ''law'' is
substituted for ''applicable statutory provisions and policies'', to
eliminate unnecessary words. In clause (2), the words ''for which the
agency provides assistance'' are substituted for ''funded by their
agencies'', for clarity because the source provisions do not provide for
funding. The words ''of Federal assistance'', ''for other agencies to
perform'', ''such activities with respect to'', and ''under this
section'' are omitted as unnecessary.
31 USC 7107. Joint management funds
TITLE 31 -- MONEY AND FINANCE
(a) In supporting a project, a joint management fund may be
established to administer more effectively amounts received from more
than one assistance program or appropriation. A proportional share of
the amount required to pay a grantee shall be transferred periodically
to the fund from each program or appropriation. When a project is
completed, the grantee shall return to the fund an amount not expended.
(b) An account in a joint management fund is subject to an agreement
made by the heads of the executive agencies providing assistance for the
project about the responsibilities of each agency. An agreement shall --
(1) ensure the availability of necessary information to the executive
agencies and Congress;
(2) provide that the agency administering a fund is responsible and
accountable by program and appropriation for the amounts provided for
the purposes of each account in the fund; and
(3) include procedures for returning, subject to fiscal year
limitations, an excess amount to participating executive agencies under
the applicable appropriation. An excess amount of an expired
appropriation lapses from the fund.
(c) For each project financed through an account in a joint
management fund, a recipient of an amount from the fund shall keep
records prescribed by the head of the executive agency responsible for
administering the fund. The records shall include --
(1) the amount and disposition by the recipient of assistance
received under each program and appropriation;
(2) the total cost of the project for which assistance was given or
used;
(3) that part of the cost of the project provided from other sources;
and
(4) other records that will make it easier to carry out an audit.
(d) Records of a recipient related to an amount received from a joint
management fund shall be made available to the head of the executive
agency responsible for administering the fund and the Comptroller
General for inspection and audit.
(e) For a project subject to a joint management fund, one
non-Government share may be established conforming to --
(1) the proportional shares applicable to the assistance programs
involved; and
(2) the proportional shares of an amount transferred to the project
account from each of the programs.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1038.)
In subsection (a), the words ''to administer more effectively'' are
substituted for ''In order to provide the more effective
administration'' to eliminate unnecessary words. The words ''amounts
received'' are substituted for ''funds drawn'' for consistency. The
words ''A proportional share of the amount required to pay a grantee''
are substituted for ''proportionate share of amounts needed for payment
to the grantee'' because of the restatement. The words ''with respect
to such projects'', ''affected'', and ''from time to time'' are omitted
as unnecessary.
In subsection (b), before clause (1), the words ''made by the heads
of executive agencies'' are substituted for ''as may be entered into by
the Federal agencies concerned'' to eliminate unnecessary words. The
words ''providing assistance for the project about the responsibilities
of each agency'' are substituted for ''with respect to the discharge of
the responsibilities of those agencies'' for clarity. In clause (2),
the word ''established'' is omitted as unnecessary. In clause (3), the
words ''for determining'', ''whether amounts in the account are in
excess of the amounts required'', and ''applicable to'' are omitted as
unnecessary. The words ''excess amount'' are substituted for ''that
excess'' for clarity.
In subsection (c), before clause (1), the words ''established
pursuant to this section'' are omitted as unnecessary. The words
''amount from'' are substituted for ''moneys drawn from'' for
consistency. The word ''include'' is substituted for ''as a minimum,
fully disclose'' to eliminate unnecessary words. In clause (4), the
words ''to carry out'' are added for clarity. The word ''effective'' is
omitted as unnecessary.
In subsection (d), the word ''Records'' is substituted for ''books,
documents, papers, and records'', and the words ''shall be made
available . . . for inspection and audit'' are substituted for ''shall
have access for the purpose of audit and examination to'', to eliminate
unnecessary words and for consistency in the revised title and with
other titles of the United States Code. The word ''related'' is
substituted for ''that are pertinent'', and the words ''an amount'' are
substituted for the word ''money'', for consistency. The words ''of the
United States'', and ''or any of their duly authorized representatives''
are omitted as unnecessary.
In subsection (e), the word ''For'' is substituted for ''in the case
of'' to eliminate unnecessary words. The words ''proportional shares''
are substituted for ''federal share ratios'' for clarity.
31 USC 7108. Limitation on authority under sections 7105-7107
TITLE 31 -- MONEY AND FINANCE
Under regulations prescribed by the President, the head of an
executive agency may act under sections 7105-7107 of this title for a
project assisted under at least 2 assistance programs. The regulations
shall ensure that the head of an executive agency acts under those
sections only --
(1) when a problem cannot be adequately solved through other action
under this chapter or other law;
(2) when necessary to promote expeditious processing of applications
or effective and efficient administration of the project; and
(3) in a way consistent with protecting the interest of the United
States Government and with the program purposes and requirements of law.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.)
In the section, the words ''act under'' are substituted for ''use the
authorities described in'', and the words ''when necessary'' are
substituted for ''that they are applied only as necessary'', to
eliminate unnecessary words. The words ''head of an executive agency
acts under those sections only'' are substituted for ''the authorities
are limited in use to'' for clarity. The words ''These authorities
shall be exercised only'', ''Where appropriate to further the purposes
of this chapter, and subject to the conditions prescribed in this
section'', ''(relating to the establishment of uniform technical or
administrative requirements, delegation of powers and responsibilities,
and establishment of joint management funds)'', ''include criteria or
procedures to'', and ''that they are applied'', are omitted as
unnecessary because of the restatement.
31 USC 7109. Appropriations available for joint financing
TITLE 31 -- MONEY AND FINANCE
An appropriation available for technical assistance or personnel
training under an assistance program is available for technical
assistance and training for a project proposed or approved for joint
financing involving the program and another assistance program.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.)
In this section, the words ''the provision of'' are omitted as
surplus and the word ''for'' is substituted for ''in connection with''
for consistency.
31 USC 7110. Use of joint financing provisions for Federal-State
assisted projects
TITLE 31 -- MONEY AND FINANCE
Under regulations prescribed by the President, the head of an
executive agency may make an agreement with a State to extend the
benefits of this chapter to a project involving assistance from at least
one executive agency and at least one State agency. The agreement may
include arrangements to process requests or administer assistance on a
joint basis.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.)
In this section, the words ''as appropriate'' are omitted as surplus.
The words ''to process requests or administer assistance'' are
substituted for ''for the processing of requests for, or the
administration of, assistance to such projects'' to eliminate
unnecessary words.
31 USC 7111. Report to Congress
TITLE 31 -- MONEY AND FINANCE
By February 3, 1984, the President shall submit to Congress a report
on actions taken under this chapter and make recommendations for its
continuation, amendment, or termination. The report shall include a
detailed evaluation of the operation of the chapter, including
information on the benefits and costs of jointly financed projects that
accrue to participating States, local governments, private nonprofit
organizations, and the United States Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.)
The words ''By February 3, 1984'' are substituted for ''at least one
year prior to the expiration of this chapter'' for clarity and to
reflect the 5-year extension granted the joint funding simplification
program by the Act of December 16, 1980 (Pub. L. 96-534, 94 Stat.
3164). The word ''comprehensive'' is omitted as unnecessary. The word
''amendment'' is substituted for ''modification'' for clarity. The word
''include'' is substituted for ''provide'', and the word ''operation''
is substituted for ''functioning'', for consistency in the chapter.
31 USC 7112. Expiration date
TITLE 31 -- MONEY AND FINANCE
This chapter expires on February 3, 1985.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.)
31 USC CHAPTER 73 -- ADMINISTERING BLOCK GRANTS
TITLE 31 -- MONEY AND FINANCE
Sec.
7301. Purpose.
7302. Definitions.
7303. Reports and public hearings on proposed uses of amounts.
7304. Availability of records.
7305. State auditing requirements.
31 USC 7301. Purpose
TITLE 31 -- MONEY AND FINANCE
It is the purpose of this chapter to ensure that --
(1) block grant amounts are allocated for programs of special
importance to meet the needs of local governments, residents of local
governments, and other eligible entities; and
(2) all eligible local governments, residents of local governments,
and other eligible entities are treated fairly in distributing block
grant amounts.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1039.)
In the chapter, the words ''chief executive officer'' are added for
consistency in the revised title and with other titles of the United
States Code.
In the section, before clause (1), the words ''It is the purpose of
this chapter'' are added for clarity and consistency in the revised
title and with other titles of the Code. The words ''each State which
receives block grant funds under this Act shall comply with the
requirements of this chapter, to the extent that such funds may be used
at the discretion of the State, as described in subsection (b)(1)(B)''
are omitted as surplus and because of the restatement of the source
provisions in section 7302 of the revised title. In clause (2), the
words ''urban and rural'' are omitted as surplus.
31 USC 7302. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''block grant amounts'' means amounts received for a program that
--
(A) directly allocates amounts to States only, except for amounts
allocated for use by the agency administering the program; and
(B) provides that the State may use any part of the amounts at its
discretion to continue to support activities financed on August 12,
1981, under programs whose authorizations were discontinued by the
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat.
357) and that were financed on August 12, 1981, by allocations by the
United States Government to local governments or other eligible
entities, or both local governments and other eligible entities.
(2) ''State'' includes the District of Columbia and territories and
possessions of the United States.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1040.)
In clause (1)(A), the word ''Federal'' is omitted as surplus because
of section 101 of the revised title.
The Omnibus Budget Reconciliation Act of 1981, referred to in par.
(1)(B), is Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357, as amended.
For complete classification of this Act to the Code, see Tables.
31 USC 7303. Reports and public hearings on proposed uses of amounts
TITLE 31 -- MONEY AND FINANCE
(a)(1) The chief executive officer of each State shall prepare for
each fiscal year a report on the proposed use during the fiscal year of
block grant amounts received by the State. The report shall include --
(A) a statement of goals and objectives;
(B) information on the types of activities to be supported,
geographic areas to be served, and categories or characteristics of
individuals to be served; and
(C) the criteria for, and way of, distributing the amounts, including
details on the way amounts will be distributed on the basis of need to
carry out the purposes of the block grant amounts.
(2) Beginning with the fiscal year ending September 30, 1983, each
report shall describe how the State met the goals, objectives, and needs
in using the amounts described in the report for the prior fiscal year.
(b) A State may not receive block grant amounts for a fiscal year
until the State conducts a public hearing, after adequate public notice,
on the proposed use and distribution of the amounts set out in the
report prepared under subsection (a) of this section for the fiscal
year.
(c) Each report prepared under subsection (a) of this section and
changes to the report shall be made public in the State on a timely
basis and in a way that encourages comments from interested local
government and persons.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1040.)
In subsection (a)(1), before clause (A), the words ''for each fiscal
year'' and ''during the fiscal year'' are substituted for ''for the
previous fiscal year'' for clarity.
In subsection (b), the words ''by the State'' are omitted as surplus.
In subsection (c), the words ''by a State'' are omitted as surplus.
31 USC 7304. Availability of records
TITLE 31 -- MONEY AND FINANCE
To evaluate and review the use of block grant amounts, consolidated
assistance, and other grant programs established or provided for in the
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat.
357), records related to the amounts, assistance, or programs that are
in the possession, custody, or control of a State, a political
subdivision of a State, or a grantee of a State or political subdivision
of a State shall be made available to the Comptroller General.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1040.)
The words ''records . . . shall be made available to'' are
substituted for ''shall have access to any books, accounts, records,
correspondence, or other documents'' for consistency in the revised
title and with other titles of the United States Code.
The Omnibus Budget Reconciliation Act of 1981, referred to in text,
is Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357, as amended. For
complete classification of this Act to the Code, see Tables.
31 USC 7305. State auditing requirements
TITLE 31 -- MONEY AND FINANCE
(a) The chief executive officer of each State shall conduct financial
and compliance audits of block grant amounts received under the Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 357) and
amounts received under a consolidated assistance program established or
provided for in the Act. An audit shall be conducted for the 2-year
period beginning on October 1, 1981, and for each 2-year period
thereafter. As far as practicable, the audit shall be conducted
consistent with standards the Comptroller General prescribes for the
audit of governmental entities, programs, activities, and functions.
(b) An audit under subsection (a) of this section is in place of
other financial and compliance audits of those amounts that the chief
executive officer of the State is required to conduct under another
provision of the Omnibus Budget Reconciliation Act of 1981 (Public Law
97-35, 95 Stat. 357) unless the other provision, by explicit reference
to this section, provides otherwise.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1041.)
In subsection (a), the word ''prescribes'' is substituted for
''established'', and the word ''entities'' is substituted for
''organizations'', for consistency in the revised title and with other
titles of the United States Code.
In subsection (b), the words ''of funds'' and ''conducted'' are
omitted as surplus.
The Omnibus Budget Reconciliation Act of 1981, referred to in text,
is Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357, as amended. For
complete classification of this Act to the Code, see Tables.
31 USC CHAPTER 75 -- REQUIREMENTS FOR SINGLE AUDITS
TITLE 31 -- MONEY AND FINANCE
Sec.
7501. Definitions.
7502. Audit requirements; exemptions.
7503. Relation to other audit requirements.
7504. Cognizant agency responsibilities.
7505. Regulations.
7506. Monitoring responsibilities of the Comptroller General.
7507. Effective date; report.
title 33 sections 1361, 1386; title 42 sections
1437g, 1437l, 5161, 9611.
31 USC 7501. Definitions
TITLE 31 -- MONEY AND FINANCE
As used in this chapter, the term --
(1) ''cognizant agency'' means a Federal agency which is assigned by
the Director with the responsibility for implementing the requirements
of this chapter with respect to a particular State or local government.
(2) ''Comptroller General'' means the Comptroller General of the
United States.
(3) ''Director'' means the Director of the Office of Management and
Budget.
(4) ''Federal financial assistance'' means assistance provided by a
Federal agency in the form of grants, contracts, loans, loan guarantees,
property, cooperative agreements, interest subsidies, insurance, or
direct appropriations, but does not include direct Federal cash
assistance to individuals.
(5) ''Federal agency'' has the same meaning as the term ''agency'' in
section 551(1) of title 5, United States Code.
(6) ''generally accepted accounting principles'' has the meaning
specified in the generally accepted government auditing standards.
(7) ''generally accepted government auditing standards'' means the
standards for audit of governmental organizations, programs, activities,
and functions, issued by the Comptroller General.
(8) ''independent auditor'' means --
(A) an external State or local government auditor who meets the
independence standards included in generally accepted government
auditing standards, or
(B) a public accountant who meets such independence standards.
(9) ''internal controls'' means the plan of organization and methods
and procedures adopted by management to ensure that --
(A) resource use is consistent with laws, regulations, and policies;
(B) resources are safeguarded against waste, loss, and misuse; and
(C) reliable data are obtained, maintained, and fairly disclosed in
reports.
(10) ''Indian tribe'' means any Indian tribe, band, nation, or other
organized group or community, including any Alaskan Native village or
regional or village corporation (as defined in, or established under,
the Alaskan Native Claims Settlement Act) that is recognized by the
United States as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.
(11) ''local government'' means any unit of local government within a
State, including a county, borough, municipality, city, town, township,
parish, local public authority, special district, school district,
intrastate district, council of governments, and any other
instrumentality of local government.
(12) ''major Federal assistance program'' means any program for which
total expenditures of Federal financial assistance by the State or local
government during the applicable year exceed --
(A) $20,000,000 in the case of a State or local government for which
such total expenditures for all programs exceed $7,000,000,000;
(B) $19,000,000 in the case of a State or local government for which
such total expenditures for all programs exceed $6,000,000,000 but are
less than or equal to $7,000,000,000;
(C) $16,000,000 in the case of a State or local government for which
such total expenditures for all programs exceed $5,000,000,000 but are
less than or equal to $6,000,000,000;
(D) $13,000,000 in the case of a State or local government for which
such total expenditures for all programs exceed $4,000,000,000 but are
less than or equal to $5,000,000,000;
(E) $10,000,000 in the case of a State or local government for which
such total expenditures for all programs exceed $3,000,000,000 but are
less than or equal to $4,000,000,000;
(F) $7,000,000 in the case of a State or local government for which
such total expenditures for all programs exceed $2,000,000,000 but are
less than or equal to $3,000,000,000;
(G) $4,000,000 in the case of a State or local government for which
such total expenditures for all programs exceed $1,000,000,000 but are
less than or equal to $2,000,000,000;
(H) $3,000,000 in the case of a State or local government for which
such total expenditures for all programs exceed $100,000,000 but are
less than or equal to $1,000,000,000; and
(I) the larger of (i) $300,000, or (ii) 3 percent of such total
expenditures for all programs, in the case of a State or local
government for which such total expenditures for all programs exceed
$100,000 but are less than or equal to $100,000,000.
(13) ''public accountants'' means those individuals who meet the
qualification standards included in generally accepted government
auditing standards for personnel performing government audits.
(14) ''State'' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, and
the Trust Territory of the Pacific Islands, any instrumentality thereof,
any multi-State, regional, or interstate entity which has governmental
functions, and any Indian tribe.
(15) ''subrecipient'' means any person or government department,
agency, or establishment that receives Federal financial assistance
through a State or local government, but does not include an individual
that receives such assistance.
(Added Pub. L. 98-502, 2(a), Oct. 19, 1984, 98 Stat. 2327.)
The Alaskan Native Claims Settlement Act, referred to in par. (10),
probably means the Alaska Native Claims Settlement Act, Pub. L.
92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified
generally to chapter 33 ( 1601 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see Short Title note
set out under section 1601 of Title 43 and Tables.
Section 1(a) of Pub. L. 98-502 provided that: ''This Act (enacting
this chapter) may be cited as the 'Single Audit Act of 1984'.''
Section 1(b) of Pub. L. 98-502 provided that: ''It is the purpose
of this Act (enacting this chapter) --
''(1) to improve the financial management of State and local
governments with respect to Federal financial assistance programs;
''(2) to establish uniform requirements for audits of Federal
financial assistance provided to State and local governments;
''(3) to promote the efficient and effective use of audit resources;
and
''(4) to ensure that Federal departments and agencies, to the maximum
extent practicable, rely upon and use audit work done pursuant to
chapter 75 of title 31, United States Code (as added by this Act).''
Section 2(b) of Pub. L. 98-502 provided that: ''The provisions of
this Act (enacting this chapter) shall not diminish or otherwise affect
the authority of the Tennessee Valley Authority to conduct its own
audits of any matter involving funds disbursed by the Tennessee Valley
Authority.''
31 USC 7502. Audit requirements; exemptions
TITLE 31 -- MONEY AND FINANCE
(a)(1)(A) Each State and local government which receives a total
amount of Federal financial assistance equal to or in excess of $100,000
in any fiscal year of such government shall have an audit made for such
fiscal year in accordance with the requirements of this chapter and the
requirements of the regulations prescribed pursuant to section 7505 of
this title.
(B) Each State and local government that receives a total amount of
Federal financial assistance which is equal to or in excess of $25,000
but less than $100,000 in any fiscal year of such government shall --
(i) have an audit made for such fiscal year in accordance with the
requirements of this chapter and the requirements of the regulations
prescribed pursuant to section 7505 of this title; or
(ii) comply with any applicable requirements concerning financial or
financial and compliance audits contained in Federal statutes and
regulations governing programs under which such Federal financial
assistance is provided to that government.
(C) Each State and local government that receives a total amount of
Federal financial assistance which is less than $25,000 in any fiscal
year of such government shall be exempt for such fiscal year from
compliance with --
(i) the audit requirements of this chapter; and
(ii) any applicable requirements concerning financial or financial
and compliance audits contained in Federal statutes and regulations
governing programs under which such Federal financial assistance is
provided to that government.
The provisions of clause (ii) of this subparagraph do not exempt a
State or local government from compliance with any provision of a
Federal statute or regulation that requires such government to maintain
records concerning Federal financial assistance provided to such
government or that permits a Federal agency or the Comptroller General
access to such records.
(2) For purposes of this section, a State or local government shall
be considered to receive Federal financial assistance whether such
assistance is received directly from a Federal agency or indirectly
through another State or local government.
(b)(1) Except as provided in paragraphs (2) and (3), audits conducted
pursuant to this chapter shall be conducted annually.
(2) If a State or local government is required --
(A) by constitution or statute, as in effect on the date of enactment
of this chapter, or
(B) by administrative rules, regulations, guidelines, standards, or
policies, as in effect on such date,
to conduct its audits less frequently than annually, the cognizant
agency for such government shall, upon request of such government,
permit the government to conduct its audits pursuant to this chapter
biennially, except as provided in paragraph (3). Such audits shall
cover both years within the biennial period.
(3) Any State or local government that is permitted, under clause (B)
of paragraph (2), to conduct its audits pursuant to this chapter
biennially by reason of the requirements of a rule, regulation,
guideline, standard, or policy, shall, for any of its fiscal years
beginning after December 31, 1986, conduct such audits annually unless
such State or local government codifies a requirement for biennial
audits in its constitution or statutes by January 1, 1987. Audits
conducted biennially under the provisions of this paragraph shall cover
both years within the biennial period.
(c) Each audit conducted pursuant to subsection (a) shall be
conducted by an independent auditor in accordance with generally
accepted government auditing standards, except that, for the purposes of
this chapter, such standards shall not be construed to require economy
and efficiency audits, program results audits, or program evaluations.
(d)(1) Each audit conducted pursuant to subsection (a) for any fiscal
year shall cover the entire State or local government's operations
except that, at the option of such government --
(A) such audit may, except as provided in paragraph (5), cover only
each department, agency, or establishment which received, expended, or
otherwise administered Federal financial assistance during such fiscal
year; and
(B) such audit may exclude public hospitals and public colleges and
universities.
(2) Each such audit shall encompass the entirety of the financial
operations of such government or of such department, agency, or
establishment, whichever is applicable, and shall determine and report
whether --
(A)(i) the financial statements of the government, department,
agency, or establishment present fairly its financial position and the
results of its financial operations in accordance with generally
accepted accounting principles; and
(ii) the government, department, agency, or establishment has
complied with laws and regulations that may have a material effect upon
the financial statements;
(B) the government, department, agency, or establishment has internal
control systems to provide reasonable assurance that it is managing
Federal financial assistance programs in compliance with applicable laws
and regulations; and
(C) the government, department, agency, or establishment has complied
with laws and regulations that may have a material effect upon each
major Federal assistance program.
In complying with the requirements of subparagraph (C), the
independent auditor shall select and test a representative number of
transactions from each major Federal assistance program.
(3) Transactions selected from Federal assistance programs, other
than major Federal assistance programs, pursuant to the requirements of
paragraphs (2)(A) and (2)(B) shall be tested for compliance with Federal
laws and regulations that apply to such transactions. Any noncompliance
found in such transactions by the independent auditor in making
determinations required by this paragraph shall be reported.
(4) The number of transactions selected and tested under paragraphs
(2) and (3), the selection and testing of such transactions, and the
determinations required by such paragraphs shall be based on the
professional judgment of the independent auditor.
(5) Each State or local government which, in any fiscal year of such
government, receives directly from the Department of the Treasury a
total of $25,000 or more under chapter 67 /1/ of this title (relating to
general revenue sharing) and which is required to conduct an audit
pursuant to this chapter for such fiscal year shall not have the option
provided by paragraph (1)(A) for such fiscal year.
(6) A series of audits of individual departments, agencies, and
establishments for the same fiscal year may be considered to be an audit
for the purpose of this chapter.
(e)(1) Each State and local government subject to the audit
requirements of this chapter, which receives Federal financial
assistance and provides $25,000 or more of such assistance in any fiscal
year to a subrecipient, shall --
(A) if the subrecipient conducts an audit in accordance with the
requirements of this chapter, review such audit and ensure that prompt
and appropriate corrective action is taken on instances of material
noncompliance with applicable laws and regulations with respect to
Federal financial assistance provided to the subrecipient by the State
or local government; or
(B) if the subrecipient does not conduct an audit in accordance with
the requirements of this chapter --
(i) determine whether the expenditures of Federal financial
assistance provided to the subrecipient by the State or local government
are in accordance with applicable laws and regulations; and
(ii) ensure that prompt and appropriate corrective action is taken on
instances of material noncompliance with applicable laws and regulations
with respect to Federal financial assistance provided to the
subrecipient by the State or local government.
(2) Each such State and local government shall require each
subrecipient of Federal assistance through such government to permit, as
a condition of receiving funds from such assistance, the independent
auditor of the State or local government to have such access to the
subrecipient's records and financial statements as may be necessary for
the State or local government to comply with this chapter.
(f) The report made on any audit conducted pursuant to this section
shall, within thirty days after completion of such report, be
transmitted to the appropriate Federal officials and made available by
the State or local government for public inspection.
(g) If an audit conducted pursuant to this section finds any material
noncompliance with applicable laws and regulations by, or material
weakness in the internal controls of, the State or local government with
respect to the matters described in subsection (d)(2), the State or
local government shall submit to appropriate Federal officials a plan
for corrective action to eliminate such material noncompliance or
weakness or a statement describing the reasons that corrective action is
not necessary. Such plan shall be consistent with the audit resolution
standard promulgated by the Comptroller General (as part of the
standards for internal controls in the Federal Government) pursuant to
section 3512(b) /1/ of this title.
(Added Pub. L. 98-502, 2(a), Oct. 19, 1984, 98 Stat. 2329.)
The date of enactment of this chapter, referred to in subsec. (b)(
2)(A), (B), is the date of enactment of Pub. L. 98-502, which was
approved Oct. 19, 1984.
Chapter 67 of this title, referred to in subsec. (d)(5), was
repealed by Pub. L. 99-272, title XIV, 14001(a)(1), Apr. 7, 1986, 100
Stat. 327.
Section 3512(b) of this title, referred to in subsec. (g), was
redesignated section 3512(c) of this title by Pub. L. 101-576, title
III, 301(a), Nov. 15, 1990, 104 Stat. 2847.
/1/ See References in Text note below.
31 USC 7503. Relation to other audit requirements
TITLE 31 -- MONEY AND FINANCE
(a) An audit conducted in accordance with this chapter shall be in
lieu of any financial or financial and compliance audit of an individual
Federal assistance program which a State or local government is required
to conduct under any other Federal law or regulation. To the extend /1/
that such audit provides a Federal agency with the information it
requires to carry out its responsibilities under Federal law or
regulation, a Federal agency shall rely upon and use that information
and plan and conduct its own audits accordingly in order to avoid a
duplication of effort.
(b) Notwithstanding subsection (a), a Federal agency shall conduct
any additional audits which are necessary to carry out its
responsibilities under Federal law or regulation. The provisions of
this chapter do not authorize any State or local government (or
subrecipient thereof) to constrain, in any manner, such agency from
carrying out such additional audits.
(c) The provisions of this chapter do not limit the authority of
Federal agencies to conduct, or enter into contracts for the conduct of,
audits and evaluations of Federal financial assistance programs, nor
limit the authority of any Federal agency Inspector General or other
Federal audit official.
(d) Subsection (a) shall apply to a State or local government which
conducts an audit in accordance with this chapter even though it is not
required by section 7502(a) to conduct such audit.
(e) A Federal agency that performs or contracts for audits in
addition to the audits conducted by recipients pursuant to this chapter
shall, consistent with other applicable law, arrange for funding the
cost of such additional audits. Such additional audits include economy
and efficiency audits, program results audits, and program evaluations.
(Added Pub. L. 98-502, 2(a), Oct. 19, 1984, 98 Stat. 2332.)
/1/ So in original. Probably should be ''extent''.
31 USC 7504. Cognizant agency responsibilities
TITLE 31 -- MONEY AND FINANCE
(a) The Director shall designate cognizant agencies for audits
conducted pursuant to this chapter.
(b) A cognizant agency shall --
(1) ensure that audits are made in a timely manner and in accordance
with the requirements of this chapter;
(2) ensure that the audit reports and corrective action plans made
pursuant to section 7502 of this title are transmitted to the
appropriate Federal officials; and
(3)(A) coordinate, to the extent practicable, audits done by or under
contract with Federal agencies that are in addition to the audits
conducted pursuant to this chapter; and (B) ensure that such additional
audits build upon the audits conducted pursuant to this chapter.
(Added Pub. L. 98-502, 2(a), Oct. 19, 1984, 98 Stat. 2333.)
31 USC 7505. Regulations
TITLE 31 -- MONEY AND FINANCE
(a) The Director, after consultation with the Comptroller General and
appropriate Federal, State, and local government officials, shall
prescribe policies, procedures, and guidelines to implement this
chapter. Each Federal agency shall promulgate such amendments to its
regulations as may be necessary to conform such regulations to the
requirements of this chapter and of such policies, procedures, and
guidelines.
(b)(1) The policies, procedures, and guidelines prescribed pursuant
to subsection (a) shall include criteria for determining the appropriate
charges to programs of Federal financial assistance for the cost of
audits. Such criteria shall prohibit a State or local government which
is required to conduct an audit pursuant to this chapter from charging
to any such program (A) the cost of any financial or financial and
compliance audit which is not conducted in accordance with this chapter,
and (B) more than a reasonably proportionate share of the cost of any
such audit that is conducted in accordance with this chapter.
(2) The criteria prescribed pursuant to paragraph (1) shall not, in
the absence of documentation demonstrating a higher actual cost, permit
(A) the ratio of (i) the total charges by a government to Federal
financial assistance programs for the cost of audits performed pursuant
to this chapter, to (ii) the total cost of such audits, to exceed (B)
the ratio of (i) total Federal financial assistance expended by such
government during the applicable fiscal year or years, to (ii) such
government's total expenditures during such fiscal year or years.
(c) Such policies, procedures, and guidelines shall include such
provisions as may be necessary to ensure that small business concerns
and business concerns owned and controlled by socially and economically
disadvantaged individuals will have the opportunity to participate in
the performance of contracts awarded to fulfill the audit requirements
of this chapter.
(Added Pub. L. 98-502, 2(a), Oct. 19, 1984, 98 Stat. 2333.)
31 USC 7506. Monitoring responsibilities of the Comptroller General
TITLE 31 -- MONEY AND FINANCE
The Comptroller General shall review provisions requiring financial
or financial and compliance audits of recipients of Federal assistance
that are contained in bills and resolutions reported by the committees
of the Senate and the House of Representatives. If the Comptroller
General determines that a bill or resolution contains provisions that
are inconsistent with the requirements of this chapter, the Comptroller
General shall, at the earliest practicable date, notify in writing --
(1) the committee that reported such bill or resolution; and
(2)(A) the Committee on Governmental Affairs of the Senate (in the
case of a bill or resolution reported by a committee of the Senate); or
(B) the Committee on Government Operations of the House of
Representatives (in the case of a bill or resolution reported by a
committee of the House of Representatives).
(Added Pub. L. 98-502, 2(a), Oct. 19, 1984, 98 Stat. 2333.)
31 USC 7507. Effective date; report
TITLE 31 -- MONEY AND FINANCE
(a) This chapter shall apply to any State or local government with
respect to any of its fiscal years which begin after December 31, 1984.
(b) The Director, on or before May 1, 1987, and annually thereafter,
shall submit to each House of Congress a report on operations under this
chapter. Each such report shall specifically identify each Federal
agency or State or local government which is failing to comply with this
chapter.
(Added Pub. L. 98-502, 2(a), Oct. 19, 1984, 98 Stat. 2334.)
31 USC SUBTITLE VI -- MISCELLANEOUS
TITLE 31 -- MONEY AND FINANCE
Chap. Sec.
91. Government Corporations 9101
93. Sureties and Surety Bonds 9301
95. Government Pension Plan Protection 9501
97. Miscellaneous 9701
31 USC CHAPTER 91 -- GOVERNMENT CORPORATIONS
TITLE 31 -- MONEY AND FINANCE
Sec.
9101. Definitions.
9102. Establishing and acquiring corporations.
9103. Budgets of wholly owned Government corporations.
9104. Congressional action on budgets of wholly owned Government
corporations.
9105. Audits.
9106. Management reports.
9107. Accounts.
9108. Obligations.
9109. Exclusion of a wholly owned Government corporation from this
chapter.
9110. Standards for depository institutions holding securities of a
Government-sponsored corporation for customers.
1990 -- Pub. L. 101-576, title III, 306(b), Nov. 15, 1990, 104
Stat. 2854, substituted ''Management'' for ''Audit''.
1986 -- Pub. L. 99-571, title II, 201(b)(2), Oct. 28, 1986, 100
Stat. 3224, added item 9110.
8147; title 7 section 943; title 12 sections 1438,
1723a, 1789, 2293; title 15 sections 713a-4, 714c;
title 16 section 838i; title 20 sections 1082,
1132g-1; title 22 sections 290f, 290h-6, 2199, 2395;
title 38 section 7806; title 40 sections 474, 481,
483, 490, 491; title 41 section 403; title 42
sections 294h, 1437h, 4124; title 45 section 741;
title 49 App. section 1537; title 50 App. section
1941g.
31 USC 9101. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''Government corporation'' means a mixed-ownership Government
corporation and a wholly owned Government corporation.
(2) ''mixed-ownership Government corporation'' means --
(A) Amtrak.
(B) the Central Bank for Cooperatives.
(C) the Federal Deposit Insurance Corporation.
(D) the Federal Home Loan Banks.
(E) the Federal Intermediate Credit Banks.
(F) the Federal Land Banks.
(G) the National Credit Union Administration Central Liquidity
Facility.
(H) the Regional Banks for Cooperatives.
(I) the Rural Telephone Bank when the ownership, control, and
operation of the Bank are converted under section 410(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 950(a)).
(J) the United States Railway Association.
(K) The /1/ Financing Corporation.
(L) the Resolution Trust Corporation.
(M) the Resolution Funding Corporation.
(3) ''wholly owned Government corporation'' means --
(A) the Commodity Credit Corporation.
(B) the Export-Import Bank of the United States.
(C) the Federal Crop Insurance Corporation.
(D) Federal Prison Industries, Incorporated.
((E) Repealed. Pub. L. 101-73, title III, 307(e), Aug. 9, 1989, 103
Stat. 353.)
(F) the Government National Mortgage Association.
(G) the Overseas Private Investment Corporation.
(H) the Pennsylvania Avenue Development Corporation.
(I) the Pension Benefit Guaranty Corporation.
(J) the Rural Telephone Bank until the ownership, control, and
operation of the Bank are converted under section 410(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 950(a)).
(K) the Saint Lawrence Seaway Development Corporation.
(L) the Secretary of Housing and Urban Development when carrying out
duties and powers related to the Federal Housing Administration Fund.
(M) the Tennessee Valley Authority.
(Pub. L. 97-258, 1, 2(l)(1), Sept. 13, 1982, 96 Stat. 1041, 1062;
Pub. L. 97-452, 1(26), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 100-86,
title III, 303, Aug. 10, 1987, 101 Stat. 597; Pub. L. 101-73, title
III, 307(e), title V, 501(d), 511(b)(1), Aug. 9, 1989, 103 Stat. 353,
394, 406.)
Clause (1) is included because a number of the provisions of the
chapter apply to mixed-ownership and wholly owned Government
corporations, and the term ''Government corporation'' provides a simple
phrase to refer to both of those kinds of corporations.
In clause (2)(A), ''Amtrak'' is substituted for ''National Railroad
Passenger Corporation'' to conform to section 103(1) of the Rail
Passenger Service Act (45 U.S.C. 502(1)).
In clause (2)(I), the words ''when the ownership, control, and
operation of the Bank are converted under section 410(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 950(a))'' are added because of 7:
943(c) and 950(a).
In clause (3), the words ''Regional Agricultural Credit
Corporations'' are omitted because the corporations were merged with and
liquidated by the Regional Agricultural Credit Corporation of
Washington, D.C., which was dissolved on April 16, 1949. The words
''Farmers Home Corporation'' are omitted because the corporation never
was activated. The words ''Federal Surplus Commodities Corporation''
are omitted because the corporation and the Division of Marketing and
Marketing Agreements were consolidated into the Surplus Marketing
Administration, which was merged into the Agricultural Marketing
Administration, which was dissolved on March 14, 1947. The words
''Reconstruction Finance Corporation'' are omitted because the
corporation was abolished on June 30, 1957. The words ''Defense Plant
Corporation; Defense Supplies Corporation; Metals Reserve Company;
Rubber Reserve Company'' are omitted because the corporations and
companies were dissolved on July 1, 1945. The words ''War Damage
Corporation'' are omitted because the corporation was terminated on
January 22, 1947. The words ''the RFC Mortgage Company'' are omitted
because the company was transferred to the Reconstruction Finance
Corporation, which was abolished on June 30, 1957. The words ''Disaster
Loan Corporation'' are omitted because the corporation was dissolved on
July 1, 1945. The words ''Inland Waterways Corporation'' are omitted
because the corporation was liquidated on July 19, 1963. The words
''Warrior River Terminal Company'' are omitted because the company was
transferred to the Inland Waterways Corporation, which was liquidated on
July 13, 1963. The words ''Virgin Islands Corporation'' are omitted
because the corporation was dissolved on July 1, 1966. The words
''United States Spruce Production Corporation'' are omitted because the
corporation was dissolved on December 12, 1946. The words ''Institute
of Inter-American Affairs'' are omitted because the institute was
transferred to the Foreign Operations Administration, which was
abolished on May 9, 1955. The words ''Institute of Inter-American
Transportation'' are omitted because the institute was dissolved August
24, 1949. The words ''Inter-American Educational Foundation,
Incorporated'' are omitted because the foundation was succeeded by the
Institute of Inter-American Affairs, which was transferred to the
Foreign Operations Administration, which was abolished on May 9, 1955.
The words ''Inter-American Navigation Corporation'' are omitted because
the corporation was dissolved on February 25, 1947. The words
''Prencinradio, Incorporated'' are omitted because Prencinradio,
Incorporated was dissolved May 10, 1949. The words ''Cargoes,
Incorporated'' are omitted because Cargoes, Incorporated was dissolved
April 30, 1945. The words ''Export-Import Bank of the United States''
are substituted for ''Export-Import Bank of Washington'' because of
section 1(a) of the Act of March 13, 1968 (Pub. L. 90-267, 82 Stat.
47). The words ''Petroleum Reserves Corporation'' are omitted because
the corporation was transferred to the Office of Economic Warfare, which
was consolidated into the Foreign Economic Administration, which was
transferred to the Reconstruction Finance Corporation and changed to the
War Assets Corporation. The War Assets Corporation was dissolved as
soon as practicable after March 25, 1946. The words ''Rubber
Development Corporation'' are omitted because the certificate of
incorporation expired on June 30, 1947. The words ''U. S. Commercial
Company'' are omitted because the company was liquidated after June 30,
1948. The words ''Smaller War Plants Corporation'' are omitted because
the corporation was abolished on June 30, 1947. The words ''Defense
Homes Corporation'' are omitted because the corporation was liquidated
on June 30, 1948. The words ''Home Owners' Loan Corporation'' are
omitted because the corporation was dissolved on February 3, 1954. The
words ''United States Housing Corporation'' are omitted because the
corporation was terminated on September 8, 1952. The words ''Panama
Railroad Company'' (subsequently changed to ''Panama Canal Company'' by
section 2(a)(2) of the Act of September 26, 1950 (ch. 1049, 64 Stat.
1038)), are omitted because of 22:ch. 51. The words ''Tennessee Valley
Associated Cooperatives, Incorporated'' are omitted because the
corporation was dissolved on January 18, 1950.
In clause (3)(J), the words ''until the ownership, control, and
operation of the Bank are converted under section 410(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 950(a))'' are added because of 7:
943(c) and 950(a). Clause (L) is substituted for the ''Federal Housing
Administration'' because of section 5 of the Department of Housing and
Urban Development Act (Pub. L. 89-174, 79 Stat. 669).
This amends 31:9101(2) because the National Consumer Cooperative Bank
is no longer a mixed-ownership Government corporation. Section
396(h)(1) and (i) of the Omnibus Budget Reconciliation Act of 1981 (Pub.
L. 97-35, 95 Stat. 440) provided that the Bank would cease being a
mixed-ownership Government corporation on the day after the Final
Government Equity Redemption Date. Section 501(36) of the Act of
December 23, 1981 (Pub. L. 97-101, 95 Stat. 1440), provided that the
Redemption Date was December 31, 1981.
1989 -- Par. (2)(L). Pub. L. 101-73, 501(d), added subpar. (L).
Par. (2)(M). Pub. L. 101-73, 511(b)(1), added subpar. (M).
Par. (3)(E). Pub. L. 101-73, 307(e), struck out subpar. (E) relating
to Federal Savings and Loan Insurance Corporation.
1987 -- Par. (2)(K). Pub. L. 100-86 added subpar. (K).
1983 -- Par. (2)(K). Pub. L. 97-452 struck out subpar. (K) which
had already been struck out by Pub. L. 97-258. See 1982 Amendment note
below.
1982 -- Par. (2)(K). Pub. L. 97-258, 2(l)(1), struck out subpar.
(K) relating to National Consumer Cooperative Bank.
Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L.
97-452, set out as a note under section 3331 of this title.
Section 2(l) of Pub. L. 97-258 provided that the amendment made by
that section is effective Jan. 1, 1982.
The United States Railway Association was abolished effective Apr.
1, 1987, with all powers, duties, rights, and obligations of Association
relating to Consolidated Rail Corporation under the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to
Secretary of Transportation on Jan. 1, 1987, and any securities of
Corporation held by Association transferred to Secretary of
Transportation on Oct. 21, 1986, see section 1341 of Title 45,
Railroads.
8147; title 7 section 943; title 12 sections 1757,
2293; title 16 section 838i; title 41 section 601.
/1/ So in original. Probably should be ''the''.
31 USC 9102. Establishing and acquiring corporations
TITLE 31 -- MONEY AND FINANCE
An agency may establish or acquire a corporation to act as an agency
only by or under a law of the United States specifically authorizing the
action.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1042.)
The word ''agency'' is substituted for ''officer or agency of the
Federal Government or by any Government corporation'' and ''agency or
instrumentality of the United States'' because of section 101 of the
revised title, for consistency, and because a Government corporation is
an ''instrumentality of the United States Government''. The word
''establish'' is substituted for ''created, organized'' to eliminate
unnecessary words. The words ''on or after December 6, 1945'' are
omitted as executed. The words ''law of the United States'' are
substituted for ''Act of Congress'' for consistency.
26 section 7608.
31 USC 9103. Budgets of wholly owned Government corporations
TITLE 31 -- MONEY AND FINANCE
(a) Each wholly owned Government corporation shall prepare and submit
each year to the President a business-type budget in a way, and before a
date, the President prescribes by regulation for the budget program.
(b) The budget program for each wholly owned Government corporation
shall --
(1) contain estimates of the financial condition and operations of
the corporation for the current and following fiscal years and the
condition and results of operations in the last fiscal year;
(2) contain statements of financial condition, income and expense,
and sources and use of money, an analysis of surplus or deficit, and
additional statements and information to make known the financial
condition and operations of the corporation, including estimates of
operations by major activities, administrative expenses, borrowings, the
amount of United States Government capital that will be returned to the
Treasury during the fiscal year, and appropriations needed to restore
capital impairments; and
(3) provide for emergencies and contingencies and otherwise be
flexible so that the corporation may carry out its activities.
(c) The President shall submit the budget programs submitted by
wholly owned Government corporations (as changed by the President) as
part of the budget submitted to Congress under section 1105 of this
title. The President thereafter may submit changes in a budget program
of a corporation at any time.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1042.)
In subsection (a), the word ''President'' is substituted for ''Office
of Management and Budget'' because sections 101 and 102(a) of
Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085)
designated the Bureau of the Budget as the Office of Management and
Budget and transferred all functions of the Bureau to the President.
The words ''in a way, and before a date, the President prescribes by
regulation for the budget program'' are substituted for ''under such
rules and regulations as the President may establish as to the date of
submission, the form and content, the classifications of data, and the
manner in which such budget program shall be prepared and presented'' to
eliminate unnecessary words.
In subsection (b), before clause (1), the words ''budget program''
are substituted for ''budget program shall be a business-type budget, or
plan of operation'' for consistency and to eliminate unnecessary words.
In clause (1), the words ''actual'' and ''completed'' are omitted as
surplus. In clause (2), the words ''as are necessary or desirable'',
''types of'', ''together with'', and ''funds'' are omitted as surplus.
In clause (3), the words ''as authorized by law'' are omitted as
surplus.
In subsection (c), the words ''as changed'' are substituted for ''as
modified, amended, or revised'' to eliminate unnecessary words. The word
''submit'' is substituted for ''transmitted'' for consistency. The word
''annual'' is omitted as surplus. The word ''thereafter'' is added for
clarity. The text of 31:848 (last par.) is omitted as unnecessary.
section 2081; title 26 section 7608; title 42
sections 295h-3d, 4017; title 48 section 1574b.
31 USC 9104. Congressional action on budgets of wholly owned Government
corporations
TITLE 31 -- MONEY AND FINANCE
(a) Congress shall --
(1) consider budget programs for wholly owned Government corporations
the President submits;
(2) make necessary appropriations authorized by law;
(3) make corporate financial resources available for operating and
administrative expenses; and
(4) provide for repaying capital and the payment of dividends.
(b) This section does not --
(1) prevent a wholly owned Government corporation from carrying out
or financing its activities as authorized under another law;
(2) affect section 26 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831y); or
(3) affect the authority of a wholly owned Government corporation to
make a commitment without fiscal year limitation.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1043.)
In subsection (a), the words ''budget programs for wholly owned
Government corporations'' are substituted for ''Budget programs'' for
clarity and consistency. The words ''legislation . . . be enacted'',
''as may be'', ''for expenditure'', ''corporate funds or other'', ''or
limiting the use thereof'', ''as the Congress may determine'', and
''funds'' are omitted as surplus.
In subsection (b), the word ''existing'' is omitted as surplus. In
clause (1), the word ''another'' is added for clarity. In clause (3),
the words ''contracts or other'' and ''reference to'' are omitted as
surplus.
section 633; title 22 section 2195; title 41 section
5a; title 42 sections 295h-3d, 4017; title 44
section 309; title 48 section 1574b.
31 USC 9105. Audits
TITLE 31 -- MONEY AND FINANCE
(a)(1) The financial statements of Government corporations shall be
audited by the Inspector General of the corporation appointed under the
Inspector General Act of 1978 (5 U.S.C. App.) or by an independent
external auditor, as determined by the Inspector General or, if there is
no Inspector General, by the head of the corporation.
(2) Audits under this section shall be conducted in accordance with
applicable generally accepted government auditing standards.
(3) Upon completion of the audit required by this subsection, the
person who audits the statement shall submit a report on the audit to
the head of the Government corporation, to the Chairman of the Committee
on Government Operations of the House of Representatives, and to the
Chairman of the Committee on Governmental Affairs of the Senate.
(4) The Comptroller General of the United States --
(A) may review any audit of a financial statement conducted under
this subsection by an Inspector General or an external auditor;
(B) shall report to the Congress, the Director of the Office of
Management and Budget, and the head of the Government corporation which
prepared the statement, regarding the results of the review and make any
recommendation the Comptroller General of the United States considers
appropriate; and
(C) may audit a financial statement of a Government corporation at
the discretion of the Comptroller General or at the request of a
committee of the Congress.
An audit the Comptroller General performs under this paragraph shall
be in lieu of the audit otherwise required by paragraph (1) of this
subsection. Prior to performing such audit, the Comptroller General
shall consult with the Inspector General of the agency which prepared
the statement.
(5) A Government corporation shall reimburse the Comptroller General
of the United States for the full cost of any audit conducted by the
Comptroller General under this subsection, as determined by the
Comptroller General. All reimbursements received under this paragraph
by the Comptroller General of the United States shall be deposited in
the Treasury as miscellaneous receipts.
(b) Upon request of the Comptroller General of the United States, a
Government corporation shall provide to the Comptroller General of the
United States all books, accounts, financial records, reports, files,
workpapers, and property belonging to or in use by the Government
corporation and its auditor that the Comptroller General of the United
States considers necessary to the performance of any audit or review
under this section.
(c) Activities of the Comptroller General of the United States under
this section are in lieu of any audit of the financial transactions of a
Government corporation that the Comptroller General is required to make
under any other law.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1043; Pub. L. 100-86,
title IV, 403, Aug. 10, 1987, 101 Stat. 609; Pub. L. 100-233, title
VII, 703, Jan. 6, 1988, 101 Stat. 1706; Pub. L. 100-399, title VI, 602,
Aug. 17, 1988, 102 Stat. 1006; Pub. L. 101-73, title V, 511(b)( 2),
Aug. 9, 1989, 103 Stat. 406; Pub. L. 101-576, title III, 305, Nov. 15,
1990, 104 Stat. 2853.)
In the section, the words ''Comptroller General'' are substituted for
''General Accounting Office'' for consistency.
In subsection (a), the words ''rules and . . . of the United States''
are omitted as surplus. The words ''United States'' are added for
consistency. The text of 31:850(4th sentence) and 857(4th sentence) and
the words ''Effective July 1, 1974'' are omitted as executed.
In subsection (b)(1), the words ''pursuant to law'' are omitted as
surplus.
In subsection (b)(2), the words ''may make a contract'' are
substituted for ''is authorized in his discretion to employ by
contract'' to eliminate unnecessary words.
In subsection (c), before clause (1), the words ''at the place or
places'' and ''of the respective corporations'' are omitted as surplus.
The words ''A Government corporation shall'' are added for clarity. In
clause (1), the words ''make available . . . for audit all records'' are
substituted for ''The representatives of . . . shall have access to all
books, accounts, financial records, reports, files, and all other
papers'' for consistency and because of the restatement. The words
''things, or'' are omitted because they are included in ''property''.
In clause (2), the word ''full'' is omitted as surplus.
Subsection (d) is substituted for 31:850(1st sentence proviso words
before 7th comma) because of the restatement.
In subsection (e), the words ''The Comptroller General shall pay the
cost of an audit'' are substituted for ''The expenses of auditing the
financial transactions of wholly owned and mixed-ownership Government
corporations as provided in sections 850 and 857 of this title shall be
borne out of appropriations to the General Accounting Office'' to
eliminate unnecessary words. The words ''full'' and ''otherwise . . .
funds of any . . . be used to . . . of the offices'' are omitted as
surplus. The words ''except the cost of such audits contracted for and
undertaken prior to April 25, 1945'' are omitted as executed.
Subsection (g) is substituted for 31:866(a)(words between 1st comma
and 1st proviso) for clarity and consistency.
The Inspector General Act of 1978, referred to in subsec. (a)(1), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
1990 -- Pub. L. 101-576 amended section generally. Prior to
amendment, section required Comptroller General to audit financial
transactions of Government corporations at least once every 3 years, the
Federal Savings and Loan Insurance Corporation and Federal home loan
banks each year, the Federal Asset Disposition Association and the
Federal Agricultural Mortgage Corporation as necessary; suggested that
Comptroller General in conducting an audit use reports of examinations
of Government corporation by supervising administrative agency and
authorized Comptroller General to contract for professional services;
required audits to be conducted consistent with principles and
procedures applicable to commercial corporate transactions; set forth
responsibility for payment of audit cost, and authorized appropriations.
1989 -- Subsec. (a)(2). Pub. L. 101-73 struck out ''Federal Savings
and Loan Insurance Corporation and'' after ''The Comptroller General
shall audit the'' and inserted sentence at end requiring the Comptroller
General to audit the Resolution Funding Corporation annually.
1988 -- Subsec. (a)(4). Pub. L. 100-399 substituted ''Corporation''
for ''Association'' in subpar. (B)(i).
Pub. L. 100-233 added par. (4).
1987 -- Subsec. (a)(3). Pub. L. 100-86 added par. (3).
Amendment by Pub. L. 100-399 effective as if enacted immediately
after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988,
see section 1001(a) of Pub. L. 100-399, set out as a note under section
2002 of Title 12, Banks and Banking.
title 12 sections 1431, 1441,
1441a,
1441b, 1789; title 16 sections 831n-4, 838i; title
42 section 12833.
31 USC 9106. Management reports
TITLE 31 -- MONEY AND FINANCE
(a)(1) A Government corporation shall submit an annual management
report to the Congress not later than 180 days after the end of the
Government corporation's fiscal year.
(2) A management report under this subsection shall include --
(A) a statement of financial position;
(B) a statement of operations;
(C) a statement of cash flows;
(D) a reconciliation to the budget report of the Government
corporation, if applicable;
(E) a statement on internal accounting and administrative control
systems by the head of the management of the corporation, consistent
with the requirements for agency statements on internal accounting and
administrative control systems under the amendments made by the Federal
Managers' Financial Integrity Act of 1982 (Public Law 97-255);
(F) the report resulting from an audit of the financial statements of
the corporation conducted under section 9105 of this title; and
(G) any other comments and information necessary to inform the
Congress about the operations and financial condition of the
corporation.
(b) A Government corporation shall provide the President, the
Director of the Office of Management and Budget, and the Comptroller
General of the United States a copy of the management report when it is
submitted to Congress.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1044; Pub. L. 101-576,
title III, 306(a), Nov. 15, 1990, 104 Stat. 2854.)
In subsection (a), before clause (1), the words ''of a Government
corporation'' are added for clarity. In clause (5), the words
''program, expenditure, or other'', ''observed in the course of the
audit'', and ''of law'' are omitted as surplus. In clause (6), the word
''statement'' is substituted for ''report'' for consistency. The words
''noted in the audit'' are omitted as surplus. The word ''made'' is
substituted for ''accomplished'' for consistency. In clause (7), the
word ''other'' is added for clarity because of the restatement. The
words ''with respect thereto'' are omitted as surplus.
In subsection (b), the words ''The Comptroller General'' are added
for clarity.
The Federal Managers' Financial Integrity Act of 1982, referred to in
subsec. (a)(2)(E), is Pub. L. 97-255, Sept. 8, 1982, 96 Stat. 814,
which added subsec. (d) to section 66a of former Title 31, Money and
Finance. Section 66a of former Title 31 was repealed by Pub. L.
97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the
first section thereof as section 3512 of this title. Provisions
relating to statements on internal accounting and administrative control
systems are restated in section 3512(d)(2) and (3) of this title.
1990 -- Pub. L. 101-576 substituted ''Management'' for ''Audit'' in
section catchline and amended text of section generally. Prior to
amendment, section read as follows:
''(a) The Comptroller General shall submit to Congress a report on
each audit of a Government corporation under section 9105 of this title
not later than 6.5 months after the end of the last year covered by the
audit. The report shall state the scope of the audit and include --
''(1) a statement (showing intercorporate relations) of assets,
liabilities, capital, and surplus or deficit;
''(2) a statement of surplus or deficit analysis;
''(3) a statement of income and expenditures;
''(4) a statement of sources and the use of money;
''(5) specifically each financial transaction or undertaking the
Comptroller General believes was carried out or made without authority
of law;
''(6) comments and information the Comptroller General considers
necessary to keep Congress informed about the operations and financial
condition of the Government corporation, including a statement of
impaired capital noticed and recommendations for the return of capital
of the United States Government or the payment of dividends the
Comptroller General believes should be made; and
''(7) other recommendations the Comptroller General considers
advisable.
''(b) The Comptroller General shall give the President, the Secretary
of the Treasury, and the Government corporation a copy of the report
when it is submitted to Congress.''
31 USC 9107. Accounts
TITLE 31 -- MONEY AND FINANCE
(a) With the approval of the Comptroller General, a Government
corporation may consolidate its cash into an account if the cash will be
expended as provided by law.
(b) The Secretary of the Treasury shall keep the accounts of a
Government corporation. If the Secretary approves, a Federal reserve
bank or a bank designated as a depositary or fiscal agent of the United
States Government may keep the accounts. The Secretary may waive the
requirements of this subsection.
(c)(1) Subsection (b) of this section does not apply to maintaining a
temporary account of not more than $50,000 in one bank.
(2) Subsection (b) of this section does not apply to a
mixed-ownership Government corporation when the corporation has no
capital of the Government.
(3) Subsection (b) of this section does not apply to the Federal
Intermediate Credit Banks, the Central Bank for Cooperatives, the
Regional Banks for Cooperatives, or the Federal Land Banks. However,
the head of each of those banks shall report each year to the Secretary
the names of depositaries where accounts are kept. If the Secretary
considers it advisable when an annual report is received, the Secretary
may make a written report to the corporation, the President, and
Congress.
(Pub. L. 97-258, 1, 2(l)(2), Sept. 13, 1982, 96 Stat. 1044, 1062;
Pub. L. 97-452, 1(27), Jan. 12, 1983, 96 Stat. 2478.)
In subsection (a), the words ''After June 30, 1949'' are omitted as
executed. The words ''Government corporation'' are substituted for
''corporations or agencies subject to this chapter'' because of section
9101(1) of the revised title. The words ''notwithstanding the
provisions of any other law'', ''or more . . . for banking and checking
purposes'', and ''including amounts appropriated, from whatever source
derived'' are omitted as surplus. The words ''if the cash will be
expended as provided by law'' are substituted for 31:870(proviso) to
eliminate unnecessary words.
In subsections (b) and (c), the words ''banking or checking'' are
omitted as surplus.
In subsection (b), the words ''Secretary of the Treasury'' are
substituted for ''Treasurer of the United States'' because of the source
provisions restated in section 321(c) of the revised title. The words
''wholly owned and mixed-ownership'' and ''under such conditions as he
may determine'' are omitted as surplus.
In subsection (c)(1), the words ''establishment and'' and ''in any
one bank'' are omitted as surplus.
In subsection (c)(3), the words ''head of each'' are added for
consistency.
This amends 31:9107(c)(3) and 9108(d)(2) because the National
Consumer Cooperative Bank is no longer a mixed-ownership Government
corporation. Section 396(h)(2) and (3) and (i) of the Omnibus Budget
Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 440) provided that
references to the Bank in sections 302 and 303(d)(2d sentence) of the
Government Corporation Control Act would be deleted on the day after the
Final Government Equity Redemption Date. Section 501(36) of the Act of
December 23, 1981 (Pub. L. 97-101, 95 Stat. 1440), provided that the
Redemption Date was December 31, 1981.
1983 -- Subsec. (c)(3). Pub. L. 97-452 struck out ''the National
Consumer Cooperative Bank,'' after ''Regional Banks for Cooperatives,''
which had already been struck out by Pub. L. 97-258. See 1982 Amendment
note below.
1982 -- Subsec. (c)(3). Pub. L. 97-258, 2(l)(2), struck out ''the
National Consumer Cooperative Bank,'' after ''Regional Banks for
Cooperatives,''.
Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L.
97-452, set out as a note under section 3331 of this title.
Section 2(l) of Pub. L. 97-258 provided that the amendment made by
such section is effective Jan. 1, 1982.
31 USC 9108. Obligations
TITLE 31 -- MONEY AND FINANCE
(a) Before a Government corporation issues obligations and offers
obligations to the public, the Secretary of the Treasury shall prescribe
--
(1) the form, denomination, maturity, interest rate, and conditions
to which the obligations will be subject;
(2) the way and time the obligations are issued; and
(3) the price for which the obligations will be sold.
(b) A Government corporation may buy or sell a direct obligation of
the United States Government, or an obligation on which the principal,
interest, or both, is guaranteed, of more than $100,000 only when the
Secretary approves the purchase or sale. The Secretary may waive the
requirement of this subsection under conditions the Secretary may
decide.
(c) The Secretary may designate an officer or employee of an agency
to carry out this section if the head of the agency agrees.
(d)(1) This section does not apply to a mixed-ownership Government
corporation when the corporation has no capital of the Government.
(2) Subsections (a) and (b) of this section do not apply to the Rural
Telephone Bank (when the ownership, control, and operation of the Bank
are converted under section 410(a) of the Rural Electrification Act of
1936 (7 U.S.C. 950(a))), the Federal Intermediate Credit Banks, the
Central Bank for Cooperatives, the Regional Banks for Cooperatives, and
the Federal Land Banks. However, the head of each of those banks shall
consult with the Secretary before taking action of the kind described in
subsection (a) or (b). If agreement is not reached, the Secretary may
make a written report to the corporation, the President, and Congress on
the reasons for the Secretary's disagreement.
(Pub. L. 97-258, 1, 2(l)(2), Sept. 13, 1982, 96 Stat. 1045, 1062;
Pub. L. 97-452, 1(27), Jan. 12, 1983, 96 Stat. 2478.)
In subsections (a) and (b), the words ''on or after December 6,
1945'' are omitted as executed. The words ''wholly owned or
mixed-ownership'' are omitted because of section 9101(1) of the revised
title.
In subsection (a), before clause (1), the word ''Before'' is
substituted for ''which are'' for clarity. The words ''bonds, notes,
debentures, and other similar'' are omitted as surplus. The words ''as
have been'' are omitted as executed. In clause (1), the words ''terms
and'' are omitted as surplus. The restatement of the source provisions
does not affect other existing laws.
In subsection (b), the word ''Government'' is added for consistency.
The words ''for its own account and in its own right and interest, at
any one time aggregating'' and ''his approval with respect to any
transaction or classes of transactions subject to the provisions of . .
. for such period of time and'' are omitted as surplus.
In subsection (c), the word ''agency'' is substituted for ''Federal
agency'' because of section 101 of the revised title. The words ''any
of the functions vested in him by'' and ''for such purpose'' are omitted
as surplus.
In subsection (d)(2), the words ''(when the ownership, control, and
operation of the Bank are converted under section 410(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 950(a)))'' are added because of
7:943(c) and 950(a). The words ''head of each'' are added for
consistency. The words ''be required to'' are omitted as surplus.
This amends 31:9107(c)(3) and 9108(d)(2) because the National
Consumer Cooperative Bank is no longer a mixed-ownership Government
corporation. Section 396(h)(2) and (3) and (i) of the Omnibus Budget
Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 440) provided that
references to the Bank in sections 302 and 303(d)(2d sentence) of the
Government Corporation Control Act would be deleted on the day after the
Final Government Equity Redemption Date. Section 501(36) of the Act of
December 23, 1981 (Pub. L. 97-101, 95 Stat. 1440), provided that the
Redemption Date was December 31, 1981.
1983 -- Subsec. (d)(2). Pub. L. 97-452 struck out ''the National
Consumer Cooperative Bank,'' after ''the Regional Banks for
Cooperatives,'' which had already been struck out by Pub. L. 97-258.
See 1982 Amendment note below.
1982 -- Subsec. (d)(2). Pub. L. 97-258, 2(l)(2), struck out ''the
National Consumer Cooperative Bank,'' after ''Regional Banks for
Cooperatives,''.
Amendment by Pub. L. 97-452 effective Sept. 13, 1982, see section
2(i) of Pub. L. 97-452, set out as a note under section 3331 of this
title.
Section 2(l) of Pub. L. 97-258 provided that the amendment made by
such section is effective Jan. 1, 1982.
31 USC 9109. Exclusion of a wholly owned Government corporation from
this chapter
TITLE 31 -- MONEY AND FINANCE
When the President considers it practicable and in the public
interest, the President shall include in the budget submitted to
Congress under section 1105 of this title a recommendation that a wholly
owned Government corporation be deemed to be an agency (except a
corporation) under chapter 11 of this title and for fiscal matters. If
Congress approves the recommendation, the corporation is deemed to be an
agency (except a corporation) under chapter 11 and for fiscal matters
for fiscal years beginning after the fiscal year of approval and is not
subject to this chapter. The corporate entity is not affected by this
section.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1045.)
The word ''President'' is substituted for ''Director of the Office of
Management and Budget'' because sections 101 and 102(a) of
Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085)
designated the Bureau of the Budget as the Office of Management and
Budget and transferred all functions of the Bureau to the President.
The words ''with the approval of the President'' are omitted because of
the restatement. The word ''considers'' is substituted for ''deemed''
for consistency. The words ''in connection with the budget program of
such corporation'' are omitted as surplus. The words ''submitted to
Congress under section 1105 of this title'' are added for clarity. The
words ''deemed to be'' are substituted for ''treated . . . as if it
were'' for consistency. The word ''agency'' is substituted for
''Government agency'' and ''establishment'' because of section 101 of
the revised title and for consistency. The words ''if it were'',
''appropriations, expenditures, receipts, accounts, and other'', and
''in connection with the budget program for any fiscal year'' are
omitted as surplus. The words ''deemed to be'' are substituted for
''regarded as'' for consistency.
31 USC 9110. Standards for depository institutions holding securities
of a Government-sponsored corporation for customers
TITLE 31 -- MONEY AND FINANCE
(a) The Secretary shall prescribe by regulation standards for the
safeguarding and use of obligations that are government securities
described in subparagraph (B) or (C) of section 3(a)(42) of the
Securities Exchange Act of 1934. Such regulations shall apply only to a
depository institution that is not a government securities broker or a
government securities dealer and that holds such obligations as
fiduciary, custodian, or otherwise for the account of a customer and not
for its own account. Such regulations shall provide for the adequate
segregation of obligations so held, including obligations which are
purchased or sold subject to resale or repurchase.
(b) Violation of a regulation prescribed under subsection (a) shall
constitute adequate basis for the issuance of an order under section
5239(a) or (b) of the Revised Statutes (12 U.S.C. 93(a) or (b)), section
8(b) or 8(c) of the Federal Deposit Insurance Act, section 5( d)(2) or
5(d)(3) /1/ of the Home Owners' Loan Act of 1933, section 407( e) or
407(f) /1/ of the National Housing Act, or section 206(e) or 206( f) of
the Federal Credit Union Act. Such an order may be issued with respect
to a depository institution by its appropriate regulatory agency and
with respect to a federally insured credit union by the National Credit
Union Administration.
(c) Nothing in this section shall be construed to affect in any way
the powers of such agencies under any other provision of law.
(d) The Secretary shall, prior to adopting regulations under this
section, determine with respect to each appropriate regulatory agency
and the National Credit Union Administration Board, whether its rules
and standards adequately meet the purposes of regulations to be
promulgated under this section, and if the Secretary so determines,
shall exempt any depository institution subject to such rules or
standards from the regulations promulgated under this section.
(e) As used in this subsection --
(1) ''depository institution'' has the meaning stated in clauses (i)
through (vi) of subparagraph /2/ 19(b)(1)(A) of the Federal Reserve Act
and also includes a foreign bank, an agency or branch of a foreign bank,
and a commercial lending company owned or controlled by a foreign bank
(as such terms are defined in the International Banking Act of 1978).
(2) ''government securities broker'' has the meaning prescribed in
section 3(a)(43) of the Securities Exchange Act of 1934.
(3) ''government securities dealer'' has the meaning prescribed in
section 3(a)(44) of the Securities Exchange Act of 1934.
(4) ''appropriate regulatory agency'' has the meaning prescribed in
section 3(a)(34)(G) of the Securities Exchange Act of 1934.
(Added Pub. L. 99-571, title II, 201(b)(1), Oct. 28, 1986, 100 Stat.
3223.)
Section 3(a)(34)(G), (42)(B), (C), (43), (44) of the Securities
Exchange Act of 1934, referred to in subsecs. (a) and (e)(2)-(4), is
classified to section 78c(a)(34)(G), (42)(B), (C), (43), (44) of Title
15, Commerce and Trade.
Section 8(b) or 8(c) of the Federal Deposit Insurance Act, referred
to in subsec. (b), is classified to section 1818(b), (c) of Title 12,
Banks and Banking.
Section 5(d)(2) or 5(d)(3) of the Home Owners' Loan Act of 1933,
referred to in subsec. (b), is classified to section 1464(d)(2), (3) of
Title 12, but was amended generally by Pub. L. 101-73, title III, 301,
Aug. 9, 1989, 103 Stat. 282, and no longer relates to issuance of
orders. See section 1464(d)(1) of Title 12.
Section 407 of the National Housing Act, referred to in subsec. (b),
which was classified to section 1730 of Title 12, was repealed by Pub.
L. 101-73, title IV, 407, Aug. 9, 1989, 103 Stat. 363.
Section 206(e) or 206(f) of the Federal Credit Union Act, referred to
in subsec. (b), is classified to section 1786(e), (f) of Title 12.
Clauses (i) through (vi) of subparagraph (section) 19(b)(1)(A) of the
Federal Reserve Act, referred to in subsec. (e)(1), are classified to
section 461(b)(1)(A)(i) to (vi) of Title 12.
The International Banking Act of 1978, referred to in subsec. (e)(
1), is Pub. L. 95-369, Sept. 17, 1978, 92 Stat. 607, which enacted
sections 347d, 611a, and 3101 to 3111 of Title 12, amended sections 72,
378, 614, 615, 618, 619, 1813, 1815, 1817, 1818, 1820, 1821, 1822, 1823,
1828, 1829b, 1831b, and 1841 of Title 12, and enacted provisions set out
as notes under sections 36, 247, 601, 611a, and 3101 of Title 12. For
complete classification of this Act to the Code, see Short Title note
set out under section 3101 of Title 12 and Tables.
Section effective 270 days after Oct. 28, 1986, except that the
Secretary of the Treasury and each appropriate regulatory agency shall
publish for notice and public comment within 120 days after Oct. 28,
1986, initial implementing regulations to become effective as temporary
regulations 210 days after Oct. 28, 1986, and as final regulations not
later than 270 days after Oct. 28, 1986, see title IV of Pub. L.
99-571, set out as a note under section 78o-5 of Title 15, Commerce and
Trade.
For transitional and savings provisions of Pub. L. 99-571, see
section 301 of Pub. L. 99-571, set out as a note under section 78o-5 of
Title 15, Commerce and Trade.
/1/ See References in Text note below.
/2/ So in original. Probably should be ''section''.
31 USC CHAPTER 93 -- SURETIES AND SURETY BONDS
TITLE 31 -- MONEY AND FINANCE
Sec.
9301. Definitions.
9302. Prohibition against surety bonds for United States Government
personnel.
9303. Use of Government obligations instead of surety bonds.
9304. Surety corporations.
9305. Authority and revocation of authority of surety corporations.
9306. Surety corporations acting outside area of incorporation and
place of principal office.
9307. Civil actions and judgments against surety corporations.
9308. Civil penalty.
9309. Priority of sureties.
31 USC 9301. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''person'' means an individual, a trust, an estate, a
partnership, and a corporation.
(2) ''Government obligation'' means a public debt obligation of the
United States Government and an obligation whose principal and interest
is unconditionally guaranteed by the Government.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1046.)
In clause (1), the words after the semicolon are omitted as
unnecessary because of the restatement.
Clause (2) is substituted for 6:15(last sentence) for consistency and
to eliminate unnecessary words.
31 USC 9302. Prohibition against surety bonds for United States
Government personnel
TITLE 31 -- MONEY AND FINANCE
An agency (except a mixed-ownership Government corporation) may not
require or obtain a surety bond for a member of the uniformed services
or an officer or employee of the United States Government in carrying
out official duties. This section does not affect the personal
financial liability of the member, officer, or employee.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1046.)
The words ''agency (except a mixed-ownership Government
corporation)'' are substituted for 31:1201(c)(words before last comma)
and ''agency of the Federal Government'' because of section 101 of the
revised title and for consistency. The words ''member of the uniformed
services or an officer or employee of the United States Government'' are
substituted for ''civilian employees or military personnel'' for
consistency with other titles of the United States Code. The words ''in
carrying out official duties'' are substituted for ''in connection with
the performance of their official duties'' to eliminate unnecessary
words and because of the restatement. The words ''to the Federal
Government'' are omitted as surplus. The words ''member, officer, or
employee'' are substituted for ''employees and personnel'' because of
the restatement.
31 USC 9303. Use of Government obligations instead of surety bonds
TITLE 31 -- MONEY AND FINANCE
(a) If a person is required under a law of the United States to give
a surety bond, the person may give a Government obligation as security
instead of a surety bond. The obligation shall --
(1) be given to the official having authority to approve the surety
bond;
(2) be in an amount equal at par value to the amount of the required
surety bond; and
(3) authorize the official receiving the obligation to collect or
sell the obligation if the person defaults on a required condition.
(b)(1) An official receiving a Government obligation under subsection
(a) of this section may deposit it with --
(A) the Secretary of the Treasury;
(B) a Federal reserve bank; or
(C) a depositary designated by the Secretary.
(2) The Secretary, bank, or depositary shall issue a receipt that
describes the obligation deposited.
(c) Using a Government obligation instead of a surety bond for
security is the same as using --
(1) a personal or corporate surety bond;
(2) a certified check;
(3) a bank draft;
(4) a post office money order; or
(5) cash.
(d) When security is no longer required, a Government obligation
given instead of a surety bond shall be returned to the person giving
the obligation. If a person, supplying labor or material to a
contractor defaulting under the Act of August 24, 1935 (known as the
Miller Act) (40 U.S.C. 270a-270d), files with the United States
Government the application and affidavit provided under section 3 of the
Act (40 U.S.C. 270c), the Government --
(1) may return to the contractor the Government obligation given as
security (or proceeds of the Government obligation given) under the Act
of August 24, 1935 (known as the Miller Act) (40 U.S.C. 270a-270d), only
after the 90-day period for bringing a civil action under section 2 of
the Act (40 U.S.C. 270b); and
(2) if a civil action is brought in the 90-day period, shall hold the
Government obligation or the proceeds subject to the order of the court
having jurisdiction of the action.
(e) This section does not affect the --
(1) priority of a claim of the Government against a Government
obligation given under this section;
(2) right or remedy of the Government for default on an obligation
provided under --
(A) the Act of August 24, 1935 (known as the Miller Act) (40 U.S.C.
270a-270d); or
(B) this section;
(3) authority of a court over a Government obligation given as
security in a civil action; and
(4) authority of an official of the Government authorized by another
law to receive a Government obligation as security.
(f) To avoid frequent substitution of Government obligations, the
Secretary may prescribe regulations limiting the effect of this section
to a Government obligation maturing more than one year after the date
the obligation is given as security.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1046.)
In subsection (a), before clause (1), the words ''If a person is
required under a law of the United States to give a surety bond, the
person may give a Government obligation as security instead of a surety
bond'' are substituted for ''Wherever by the laws of the United States
or regulations made pursuant thereto, any person is required to furnish
any recognizance, stipulation, bond, guaranty, or undertaking,
hereinafter called 'penal bond', with surety or sureties, such person
may, in lieu of such surety or sureties, deposit as security . . .
United States Liberty bonds or other bonds or notes of the United
States'' to eliminate unnecessary words and for consistency. The words
''The obligation shall be'' are added because of the restatement.
Clause (3) is substituted for ''together with an agreement authorizing
such official to collect or sell such bonds or notes so deposited in
case of any default in the performance of any of the conditions or
stipulations of such penal bond'' to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words ''An official
receiving a Government obligation under subsection (a) of this section
may deposit it with'' are substituted for ''The bonds or notes deposited
hereunder, and such other United States bonds or notes as may be
substituted therefor from time to time as such security, may be
deposited with'' for clarity and consistency and to eliminate
unnecessary words. Clause (A) is substituted for ''Treasurer of the
United States'' because of the source provisions restated in section
321(c) of the revised title. In clause (C), the words ''duly'' and
''for that purpose'' are omitted as unnecessary.
Subsection (b)(2) is substituted for ''which shall issue receipt
therefor, describing such bonds or notes so deposited'' to eliminate
unnecessary words and for consistency.
In subsection (c), before clause (1), the words ''Using a Government
obligation instead of a surety bond for security is the same as using''
are substituted for ''The acceptance of such United States bonds or
notes in lieu of surety or sureties required by law shall have the same
force and effect as'' to eliminate unnecessary words and for
consistency. In clause (1), the word ''personal'' is substituted for
''individual'' for consistency.
Subsection (d) is substituted for 6:15(4th, 5th sentences) to
eliminate unnecessary words and for consistency in the revised title and
with other titles of the Code.
In subsection (e), before clause (1), the words ''This section does
not'' are substituted for ''Nothing herein contained shall'' for clarity
and consistency. The words ''or impair'' are omitted as being covered
by ''affect''. Clause (1) is substituted for ''the bonds or notes
deposited'' for clarity and consistency. In clause (2), the words ''of
said penal bond'' are omitted because of the restatement. In clause (3),
the words ''civil action'' are substituted for ''judicial proceedings''
for consistency. In clause (4), the word ''official'' is substituted
for ''administrative officer'' for consistency.
In subsection (f), the words ''in order'' are omitted as unnecessary.
The words ''Government obligations'' are substituted for ''securities''
and for ''bonds and notes of the United States'' for consistency. The
words ''the Secretary may prescribe regulations limiting'' are
substituted for ''such rules and regulations may limit'' for clarity and
consistency. The words ''in appropriate classes of cases'' are omitted
as unnecessary. The words ''the obligation is given'' are substituted
for ''of deposit of such bonds'' for clarity and consistency. The text
of 6:15(7th sentence) is omitted as executed. The text of 6:15(9th
sentence) is omitted because of section 321 of the revised title.
Act August 24, 1935 (known as the Miller Act), referred to in
subsecs. (d) and (e)(2)(A), is act Aug. 24, 1935, ch. 642, 49 Stat.
793, as amended, which is classified generally to sections 270a to 270d
of Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 270a of Title 40 and Tables.
26 sections 5177, 5403, 7102, 7485.
31 USC 9304. Surety corporations
TITLE 31 -- MONEY AND FINANCE
(a) When a law of the United States Government requires or permits a
person to give a surety bond through a surety, the person satisfies the
law if the surety bond is provided for the person by a corporation --
(1) incorporated under the laws of --
(A) the United States; or
(B) a State, the District of Columbia, or a territory or possession
of the United States;
(2) that may under those laws guarantee --
(A) the fidelity of persons holding positions of trust; and
(B) bonds and undertakings in judicial proceedings; and
(3) complying with sections 9305 and 9306 of this title.
(b) Each surety bond shall be approved by the official of the
Government required to approve or accept the bond. The official may not
require that the surety bond be given through a guaranty corporation or
through any particular guaranty corporation.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1047.)
Subsection (a) is substituted for 6:6(1st sentence) to eliminate
unnecessary words and for clarity and consistency. Clause (3) is added
for clarity.
In subsection (b), the words ''Each surety bond'' are substituted for
''Such recognizance, stipulation, bond, or undertaking'', the words
''official of the Government'' are substituted for ''head of department,
court, judge, officer, board, or body executive, legislative, or
judicial'', and the word ''official'' is substituted for ''officer or
person having the approval of any bond'', to eliminate unnecessary words
and for clarity and consistency.
section 1766; title 29 sections 502, 1112, 1363.
31 USC 9305. Authority and revocation of authority of surety
corporations
TITLE 31 -- MONEY AND FINANCE
(a) Before becoming a surety under section 9304 of this title, a
surety corporation must file with the Secretary of the Treasury --
(1) a copy of the articles of incorporation of the corporation; and
(2) a statement of the assets and liabilities of the corporation
signed and sworn to by the president and secretary of the corporation.
(b) The Secretary may authorize in writing a surety corporation to
provide surety bonds under section 9304 of this title if the Secretary
decides that --
(1) the articles of incorporation of the corporation authorize the
corporation to do business described in section 9304(a)(2) of this
title;
(2) the corporation has paid-up capital of at least $250,000 in cash
or its equivalent; and
(3) the corporation is able to carry out its contracts.
(c) A surety corporation authorized under subsection (b) of this
section to provide surety bonds shall file with the Secretary each
January, April, July, and October a statement of the assets and
liabilities of the corporation signed and sworn to by the president and
secretary of the corporation.
(d) The Secretary --
(1) shall revoke the authority of a surety corporation to do new
business if the Secretary decides the corporation is insolvent or is in
violation of this section or section 9304 or 9306 of this title;
(2) may investigate the solvency of a surety corporation at any time;
and
(3) may require additional security from the person required to
provide a surety bond if the Secretary decides that a surety corporation
no longer is sufficient security.
(e) A surety corporation providing a surety bond under section 9304
of this title may not provide any additional bond under that section if
--
(1) the corporation does not pay a final judgment or order against it
on the bond; and
(2) no appeal or stay of the judgment or order is pending 30 days
after the judgment or order is entered.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1047.)
In subsection (a), before clause (1), the words ''Before becoming a
surety under section 9304 of this title, a surety corporation must
file'' are substituted for ''Every company, before transacting any
business under sections 6 to 13 of this title, shall deposit'' for
consistency and as being more precise. In clause (1), the words
''charter or'' are omitted as being included in ''articles of
incorporation''.
Subsection (b) is substituted for 6:8(2d sentence) for clarity and
consistency and because of the restatement.
In subsection (c), the words ''A surety corporation authorized under
subsection (b) of this section to provide surety bonds'' are substituted
for ''Every such company'' for clarity. The words ''as is required by
section 8 of this title'' are omitted as unnecessary because of the
restatement.
In subsection (d)(1), the word ''shall'' is substituted for ''shall
have the power, and it shall be his duty, to'' to eliminate unnecessary
words. The words ''under sections 6 to 13 of this title'' are omitted
as unnecessary because of the restatement. The words ''conducting its
business'' are omitted as surplus. In clause (3), the words ''that . .
. be given at any time'' are omitted as surplus. The words ''from the
person required to provide a surety bond'' are substituted for ''by any
principal'' for clarity.
Subsection (e) is substituted for 6:11 to eliminate unnecessary
words, for clarity and consistency, and because of the restatement.
section 1766; title 29 sections 502, 1112, 1363.
31 USC 9306. Surety corporations acting outside area of incorporation
and place of principal office
TITLE 31 -- MONEY AND FINANCE
(a) A surety corporation may provide a surety bond under section 9304
of this title in a judicial district outside the State, the District of
Columbia, or a territory or possession of the United States under whose
laws it was incorporated and in which its principal office is located
only if the corporation designates a person by written power of attorney
to be the resident agent of the corporation for that district. The
designated person --
(1) may appear for the surety corporation;
(2) may receive service of process for the corporation;
(3) must reside in the jurisdiction of the district court for the
district in which a surety bond is to be provided; and
(4) must be a domiciliary of the State, the District of Columbia,
territory, or possession in which the court sits.
(b) The surety corporation shall file a certified copy of the power
of attorney with the clerk of the district court for the district in
which a surety bond is to be given at each place the court sits. A copy
of the power of attorney may be used as evidence in a civil action under
section 9307 of this title.
(c)(1) If a resident agent is removed, resigns, dies, or becomes
disabled, the surety corporation shall appoint another agent as
described in this section.
(2) Until an appointment is made under paragraph (1) of this
subsection or during an absence of an agent from the district in which
the surety bond is given, service of process may be made on the clerk of
the court in which a civil action against the corporation is brought.
The official serving process on the clerk of the court --
(A) immediately shall mail a copy of the process to the corporation;
and
(B) shall state in the official's return that the official served the
process on the clerk of the court.
(3) A judgment or order of a court entered or made after service of
process under this section is as valid as if the corporation were served
in the judicial district of the court.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1048.)
In subsection (a), before clause (1), the words ''in a judicial
district'' are added for clarity. The word ''outside'' is substituted
for ''beyond the limits'' to eliminate unnecessary words. The words
''territory or possession of the United States'' are substituted for
''Territory'' for consistency in the revised title. The word
''resident'' is added for consistency.
In subsection (b), the words ''duly . . . and authenticated'' are
omitted as surplus. The words ''in which a surety bond is to be given''
are added for clarity and because of the restatement. The words ''the
court sits'' are substituted for ''where a term of such court is or may
be held'', and the words ''A copy of the power of attorney may be used
as evidence in a civil action'' are substituted for ''which copy, or a
certified copy thereof, shall be legal evidence in all controversies'',
to eliminate unnecessary words and for clarity and consistency.
In subsection (c)(1), the words ''a resident'' are substituted for
''any such'' for clarity. The words ''becomes disabled'' are
substituted for ''become insane, or otherwise incapable of acting'' to
eliminate unnecessary words. The words ''the surety corporation shall''
are substituted for ''it shall be the duty of such company to'' to
eliminate unnecessary words and for consistency. The words ''in his
place'' are omitted as unnecessary.
In subsection (c)(2), before clause (A), the words ''the district in
which the surety bond is given'' are substituted for ''such district'',
and the words ''a civil action against the corporation'' are substituted
for ''such suit'', for clarity and consistency. The words ''with like
effect as upon an agent appointed by the company'' are omitted as
unnecessary. The words ''official serving'' are substituted for
''officer executing such'' for consistency. Clause (2) is substituted
for ''state such fact in his return'' for clarity.
In subsection (c)(3), the words ''decree or'' are omitted as being
included in ''order''. The words ''and binding'' are omitted as being
included in ''valid''. The words ''as if the corporation were served in
the judicial district of the court'' are substituted for ''on such
company as if served with process in said district'' for clarity and
consistency.
section 1766; title 29 sections 502, 1112, 1363.
31 USC 9307. Civil actions and judgments against surety corporations
TITLE 31 -- MONEY AND FINANCE
(a)(1) A surety corporation providing a surety bond under section
9304 of this title may be sued in a court of the United States having
jurisdiction of civil actions on surety bonds in --
(A) the judicial district in which the surety bond was provided; or
(B) the district in which the principal office of the corporation is
located.
(2) Under sections 9304-9308 of this title, a surety bond is deemed
to be provided in the district --
(A) in which the principal office of the surety corporation is
located;
(B) to which the surety bond is returnable;
(C) in which the surety bond is filed; and
(D) in which the person required to provide a surety bond resided
when the bond was provided.
(b) In a proceeding against a surety corporation providing a surety
bond under section 9304 of this title, the corporation may not deny its
power to provide a surety bond or to assume liability.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1049.)
In subsection (a)(1), before clause (A), the words ''corporation
providing a surety bond'' are substituted for ''company doing business''
for consistency. The words ''in respect thereof'' are omitted as
surplus. The words ''civil actions on surety bonds'' are substituted
for ''actions or suits upon such recognizance, stipulation, bond, or
undertaking'' for consistency. In clause (A), the words ''the surety
bond was provided'' are substituted for ''such recognizance,
stipulation, bond, or undertaking was made or guaranteed'' for
consistency.
In subsection (a)(2), before clause (A), the words ''a surety bond is
deemed to be provided'' are substituted for ''such recognizance,
stipulation, bond, or undertaking shall be treated as made or
guaranteed'' for consistency. In clause (A), the words ''principal
office of the surety corporation'' are substituted for ''office'' for
clarity and consistency. In clause (D), the words ''person required to
provide a surety bond resided when the bond was provided'' are
substituted for ''principal in such recognizance, stipulation, bond, or
undertaking resided when it was made or guaranteed'' for consistency.
Subsection (b) is substituted for 6:12 to eliminate unnecessary words
and for consistency.
1766; title 29 sections 502, 1112, 1363.
31 USC 9308. Civil penalty
TITLE 31 -- MONEY AND FINANCE
A surety corporation is liable to the United States Government for a
civil penalty of at least $500 but not more than $5,000 for violating
section 9304, 9305, or 9306 of this title. A civil action under this
section may be brought in a judicial district in which a civil action
may be brought against the corporation under section 9307 of this title.
A penalty imposed under this section does not affect the validity of a
contract made by the surety corporation.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1049.)
The section is substituted for 6:13 for clarity and consistency.
title 29 sections 502, 1112, 1363.
31 USC 9309. Priority of sureties
TITLE 31 -- MONEY AND FINANCE
When a person required to provide a surety bond given to the United
States Government is insolvent or dies having assets insufficient to pay
debts, the surety, or the executor, administrator, or assignee of the
surety paying the Government the amount due under the bond --
(1) has the same priority to amounts from the assets and estate of
the person as are secured for the Government; and
(2) personally may bring a civil action under the bond to recover
amounts paid under the bond.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1049.)
In the section, before clause (1), the words ''person required to
provide a surety bond'' are substituted for ''principal in any bond''
for clarity and consistency. The words ''dies having assets
insufficient to pay debts'' are substituted for ''whenever, such
principal being deceased, his estate and effects which come to the hands
of his executor, administrator, or assignee, are insufficient for the
payment of his debts'' to eliminate unnecessary words. The words ''and,
in either of such cases'', ''on the bond'', and ''such surety, his
executor, administrator, or assignee'' are omitted as unnecessary.
Clause (1) is substituted for ''shall have the like priority for the
recovery and receipt of the moneys out of the estate and effects of such
insolvent or deceased principal as is secured to the United States'' to
eliminate unnecessary words and for clarity. In clause (2), the words
''and maintain'' are omitted as surplus. The words ''civil action'' are
substituted for ''suit'' for consistency. The words ''in law or equity''
are omitted as surplus.
31 USC CHAPTER 95 -- GOVERNMENT PENSION PLAN PROTECTION
TITLE 31 -- MONEY AND FINANCE
Sec.
9501. Purpose.
9502. Definitions.
9503. Reports about Government pension plans.
9504. Review and recommendations.
31 USC 9501. Purpose
TITLE 31 -- MONEY AND FINANCE
The purpose of this chapter is to protect the interests of the United
States and of the participants and their beneficiaries in Government
pension plans by requiring complete disclosure of the financial
condition of those plans.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050.)
The words ''United States'' are substituted for ''Nation'' for
clarity and consistency. The words ''and certain other pension plans''
are omitted as unnecessary.
31 USC 9502. Definitions
TITLE 31 -- MONEY AND FINANCE
In this chapter --
(1) ''Government pension plan'' --
(A) means a pension, annuity, retirement, or similar plan (except a
plan covered under the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1001 et seq.) or a plan or program financed by contributions
required under chapter 21 or 22 of the Internal Revenue Code of 1986 (26
U.S.C. 3101 et seq., 3201 et seq.)) established or maintained by an
agency, for any of its officers or employees, regardless of the number
of participants covered by the plan; and
(B) includes --
(i) the Civil Service Retirement System.
(ii) the Coast Guard Retirement System.
(iii) the Commissioned Corps of the Public Health Service Retirement
System.
(iv) the Farm Credit District Retirement Plans.
(v) the Federal Home Loan Bank Board Retirement Systems.
(vi) the Federal Home Loan Mortgage Corporation Plan.
(vii) the Federal Reserve Employees Retirement Plans.
(viii) the Foreign Service Retirement and Disability System.
(ix) judicial plans.
(x) the Military Retirement System.
(xi) the National Oceanic and Atmospheric Administration Retirement
System.
(xii) nonappropriated fund plans.
(xiii) the Tennessee Valley Authority Retirement System.
(2) ''plan year'' means the calendar, policy, or fiscal year chosen
by the Government pension plan on which the records of the plan are
kept.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
In clause (1), before subclause (A), the word ''Federal'' is omitted
as unnecessary. In subclause (A), the words ''whether or not such plan
is an employee pension benefit plan within the meaning of section 3(2)
of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(
2))'' are omitted as surplus. The words ''an agency'' are substituted
for ''Government of the United States, or any agency or instrumentality
thereof'' because of section 101 of the revised title. In subclause
(B), before subclause (i), the words ''but is not limited to'' are
omitted as surplus. The text of 31:68c(b)(words before colon) is
omitted as unnecessary because of the restatement.
In clause (2), 31:68d(1st sentence) is omitted as executed. The
definition in 31:68d(last sentence) is made applicable to the chapter
for clarity because the defined term is used in 9503(a)(1)(B) of the
revised title.
The Employee Retirement Income Security Act of 1974, referred to in
par. (1)(A), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 832, as
amended, which is classified principally to chapter 18 ( 1001 et seq.)
of Title 29, Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of Title 29 and
Tables.
1986 -- Par. (1)(A). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
31 USC 9503. Reports about Government pension plans
TITLE 31 -- MONEY AND FINANCE
(a) A Government pension plan is subject to section 103 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023) in the
same way that an employee pension benefit plan is subject to section
103. However, section 103 applies to a Government pension plan for
officers or employees of the Central Intelligence Agency only if the
President specifically approves application of the requirements of
section 103 in writing. In applying section 103 to a Government pension
plan --
(1) the annual report shall be --
(A) in the form and include information the President, in
consultation with the Comptroller General, prescribes or, if the pension
plan is referred to in section 9502(1)(B)(iv)-(vii) or (ix) of this
title, the Comptroller General prescribes; and
(B) submitted to Congress and to the Comptroller General by the end
of the 210-day period beginning on the day after the last day of the
plan year involved;
(2) a provision providing for waiver of, relief from, or exception to
a requirement otherwise applicable to an employee pension benefit plan
applies to a Government pension plan only if specifically authorized by
the Comptroller General;
(3) section 104(b) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1024(b)) does not apply;
(4) the report required by this chapter is in addition to other
reports or projections required by law; and
(5) except for a Government pension plan referred to in section
9502(1)(B)(iv)-(vii) of this title, the Comptroller General shall
conduct audits when appropriate instead of complying with the
requirements for the independent qualified public accountant.
(b) This chapter does not prevent a Government pension plan from
using the services of an enrolled actuary employed by an agency
administering the plan.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050.)
In subsection (a), before clause (1), the words ''Notwithstanding any
other provision of law or any administrative determination to the
contrary . . . Federal'' are omitted as unnecessary. The words ''and
each plan described in section 68c(b) of this title'' are omitted as
unnecessary because of the restatement. In clause (1), before subclause
(A), the words ''required by such section'' are omitted as unnecessary
because of the restatement. In subclause (A), the word ''information''
is substituted for ''information and data'' because it is inclusive and
for consistency. In clause (4), the words ''and shall not supersede''
are omitted as surplus. In clause (5), the words ''the Comptroller
General deems'' are omitted as unnecessary. The words ''under section
1023 of title 29'' are omitted as unnecessary because of the
restatement.
In subsection (b), the words ''This chapter does not prevent'' are
substituted for ''Nothing in this chapter shall preclude'' for clarity.
The words ''or agencies'' are omitted as unnecessary because of 1:1.
Ex. Ord. No. 12177, Dec. 10, 1979, 44 F.R. 71805, provided:
By the authority vested in me as President of the United States of
America by Section 121(a)(1) of the Budget and Accounting Procedures Act
of 1950, as amended (92 Stat. 2541, Public Law 95-595, 31 U.S.C. 68a)
(31 U.S.C. 9503) and Section 301 of Title 3 of the United States Code,
and in order to provide consistency among the financial and actuarial
statements of Federal Government pension plans, it is hereby ordered as
follows:
1-101. All the functions vested in the President by Section 121(a) of
the Budget and Accounting Procedures Act of 1950, as amended (31 U.
S.C. 68a) (31 U.S.C. 9503), are delegated to the Director of the Office
of Management and Budget. The Director may, from time to time,
designate other officers or agencies of the Federal Government to
perform any or all of the functions hereby delegated to the Director,
subject to such instructions, limitations, and directions as the
Director deems appropriate.
1-102. The head of an Executive agency responsible for the
administration of any Federal Government pension plan within the meaning
of Section 123(a) of the Budget and Accounting Procedures Act of 1950,
as amended (31 U.S.C. 68c) (31 U.S.C. 9502(1)), except subsections
(a)(9) and (b), shall ensure that the administrators of those plans
comply with the form, manner, and time of filing as required by the
Director of the Office of Management and Budget.
1-103. Subject to the provisions of Section 1-101 of this Order, and
in the absence of any contrary delegation or direction by the Director,
the Secretary of the Treasury, with respect to the development of the
form and content of the annual reports, shall perform the functions set
forth in Section 121(a) of the Budget and Accounting Procedures Act of
1950, as amended (31 U.S.C. 68a) (31 U.S.C. 9503). In performing this
function, the Secretary shall also be responsible for consulting with
the Comptroller General.
Jimmy Carter.
376, 377; title 38 section 7298.
31 USC 9504. Review and recommendations
TITLE 31 -- MONEY AND FINANCE
When necessary or when requested by either House of Congress or a
committee of Congress, the Comptroller General shall --
(1) review financial and actuarial statements provided under section
9503 of this title to decide whether the reporting requirements of
section 9503 are adequate to carry out section 9501 of this title; and
(2) submit to Congress recommendations for legislation necessary to
carry out section 9501 of this title.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1051.)
The word ''When'' is substituted for ''If'' in both places as being
more precise. The word ''deemed'' is omitted as unnecessary because of
the restatement. The words ''the General Accounting Office'' are
omitted as unnecessary because of the restatement and because the
authority to act is vested in the Comptroller General.
31 USC CHAPTER 97 -- MISCELLANEOUS
TITLE 31 -- MONEY AND FINANCE
Sec.
9701. Fees and charges for Government services and things of value.
9702. Investment of trust funds.
31 USC 9701. Fees and charges for Government services and things of
value
TITLE 31 -- MONEY AND FINANCE
(a) It is the sense of Congress that each service or thing of value
provided by an agency (except a mixed-ownership Government corporation)
to a person (except a person on official business of the United States
Government) is to be self-sustaining to the extent possible.
(b) The head of each agency (except a mixed-ownership Government
corporation) may prescribe regulations establishing the charge for a
service or thing of value provided by the agency. Regulations
prescribed by the heads of executive agencies are subject to policies
prescribed by the President and shall be as uniform as practicable.
Each charge shall be --
(1) fair; and
(2) based on --
(A) the costs to the Government;
(B) the value of the service or thing to the recipient;
(C) public policy or interest served; and
(D) other relevant facts.
(c) This section does not affect a law of the United States --
(1) prohibiting the determination and collection of charges and the
disposition of those charges; and
(2) prescribing bases for determining charges, but a charge may be
redetermined under this section consistent with the prescribed bases.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1051.)
In the section, the words ''agency (except a mixed-ownership
Government corporation)'' are substituted for ''Federal agency
(including wholly owned Government corporations as defined in the
Government Corporation Control Act of 1945 (31 U.S.C. 841 et seq.)''
because of section 101 of the revised title and for consistency.
In subsection (a), the words ''each service or thing of value
provided'' are substituted for ''any work, service, publication, report,
document, benefit, privilege, authority, use, franchise, license,
permit, certificate, registration or similar thing of value or utility
performed, furnished, provided, granted, prepared, or issued'' for
consistency and to eliminate unnecessary words. The words ''(including
groups, associations, organizations, partnerships, corporations, or
businesses)'' are omitted as being included in ''person'' under 1:1.
In subsection (b), before clause (1), the words ''may prescribe
regulations establishing the charge for a service or thing of value
provided by the agency'' are substituted for ''is authorized by
regulation . . . to prescribe therefor such fee, charge, or price, if
any, as he shall determine, in case none exists, or redetermine, in case
of any existing one'' for consistency, to eliminate unnecessary words,
and because of the restatement. In clause (1), the words ''and
equitable'' are omitted as being included in ''fair''. In clause (2)(
A), the words ''direct and indirect'' are omitted as surplus. In clause
(2)(B), the words ''of the service or thing'' are added for clarity. In
clause (2)(D), the words ''and any amount so determined or redetermined
shall be collected and paid into the Treasury as miscellaneous
receipts'' are omitted as unnecessary because of section 3302(a) of this
title.
Subsection (c) is substituted for 31:483a(provisos) for clarity and
to eliminate unnecessary words.
title 12 section 78n; title 14 section 664; title 16
sections 222, 1862; title 19 section 58c; title 28
section 1828; title 33 section 2607; title 42
sections 2201, 2214, 4370c, 7552; title 46 sections
2110, 12505.
31 USC 9702. Investment of trust funds
TITLE 31 -- MONEY AND FINANCE
Except as required by a treaty of the United States, amounts held in
trust by the United States Government (including annual interest earned
on the amounts) --
(1) shall be invested in Government obligations; and
(2) shall earn interest at an annual rate of at least 5 percent.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1052.)
The section is substituted for 31:547a for clarity and consistency in
the revised title.
9b-3, 1989c-2.
32 USC
TITLE 32 -- NATIONAL GUARD
32 USC TITLE 32 -- NATIONAL GUARD
TITLE 32 -- NATIONAL GUARD
2, 70A Stat. 596
Chap. Sec.
1. Organization 101
3. Personnel 301
5. Training 501
7. Service, Supply, and Procurement 701
This title has been made positive law by section 2 of act Aug. 10,
1956, ch. 1041, 70A Stat. 596, which provided in part that: ''Title
32 of the United States Code, entitled 'National Guard', is revised,
codified, and enacted into law, and may be cited as 'Title 32, United
States Code, -- .'''
Section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641, repealed
the sections or parts of sections of the Revised Statutes or Statutes at
Large covering provisions codified in this act, ''except with respect to
rights and duties that matured, penalties that were incurred, and
proceedings that were begun, before the effective date of this act (Aug.
10, 1956) and except as provided in section 49''.
Section 49 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided
that:
''(a) In sections 1-48 of this Act, it is the legislative purpose to
restate, without substantive change, the law replaced by those sections
on the effective date of this Act. However, laws effective after March
31, 1955, that are inconsistent with this Act shall be considered as
superseding it to the extent of the inconsistency.
''(b) References that other laws, regulations, and orders make to the
replaced law shall be considered to be made to the corresponding
provisions of sections 1-48.
''(c) Actions taken and offenses committed under the replaced law
shall be considered to have been taken or committed under the
corresponding provisions of sections 1-48.
''(d) If a part of this Act is invalid, all valid parts that are
severable from the invalid part remain in effect. If a part of this Act
is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid
applications.
''(e) In chapter 47 of title 10, United States Code, enacted by
section 1 of this Act, no inference of a legislative construction is to
be drawn from the part in which any article is placed nor from the
catchlines of the part or the article as set out in that chapter.
''(f) The enactment of this Act does not increase or decrease the pay
or allowances, including retired pay and retainer pay, of any person.
''(g) The enactment of this Act does not affect the status of persons
who, on the effective date of this Act, have the status of warrant
officer, of the Army Mine Planter Service.''
Section 50 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided
that: ''If on the effective date of this Act a provision of law that is
restated in this Act and repealed by section 53 would have been in a
suspended or temporarily superseded status but for its repeal, the
provisions of this Act that restate that provision have the same
suspended or temporarily superseded status.''
Legislative Purpose; Repeal of Inconsistent
Provisions; Corresponding Provisions; Savings and
Severability Provisions; Status; Repeals
Section 34 of Pub. L. 85-861 provided that:
''(a) In sections 1-32 of this Act, it is the legislative purpose to
restate, without substantive change, the law replaced by those sections
on the effective date of this Act. However, laws effective after
December 31, 1957, that are inconsistent with this Act shall be
considered as superseding it to the extent of the inconsistency.
''(b) References that other laws, regulations, and orders make to the
replaced law shall be considered to be made to the corresponding
provisions of sections 1-32.
''(c) Actions taken under the replaced law shall be considered to
have been taken under the corresponding provisions of sections 1-32.
''(d) If a part of this Act is invalid, all valid parts that are
severable from the invalid part remain in effect. If a part of this Act
is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid
applications.
''(e) The enactment of this Act does not increase or decrease the pay
or allowances, including retired and retainer pay, of any person.''
Section 35 of Pub. L. 85-861 provided that: ''If on the effective
date of this Act (Sept. 2, 1958) a provision of law that is restated in
this Act and repealed by section 36 would have been in a suspended or
temporarily superseded status but for its repeal, the provisions of this
Act that restate that provision have the same suspended or temporarily
superseded status.''
Section 36 of Pub. L. 85-861 repealed certain laws except with
respect to rights and duties that matured, penalties that were incurred,
and proceedings that were begun, before Sept. 2, 1958.
32 USC CHAPTER 1 -- ORGANIZATION
TITLE 32 -- NATIONAL GUARD
Sec.
101. Definitions.
102. General policy.
103. Branches and organizations.
104. Units: location; organization; command.
105. Inspection.
106. Annual appropriations.
107. Availability of appropriations.
108. Forfeiture of Federal benefits.
109. Maintenance of other troops.
110. Regulations.
111. Suspension of certain provisions of this title.
112. Drug interdiction and counter-drug activities.
1989 -- Pub. L. 101-189, div. A, title XII, 1207(a)(2), Nov. 29,
1989, 103 Stat. 1566, added item 112.
1971 -- Pub. L. 92-119, 1(b), Aug. 13, 1971, 85 Stat. 340,
substituted ''Availability'' for ''Apportionment'' in item 107.
1958 -- Pub. L. 85-861, 2(4), Sept. 2, 1958, 72 Stat. 1543, added
item 111.
Army National Guard of United States and Air National Guard of United
States --
Active Federal service, see sections 3495 and 8495 of Title 10, Armed
Forces.
Component of Army and Air Force, see sections 3078 and 8078 of Title
10.
Composition, see sections 3077 and 8077 of Title 10.
Enlistment, see sections 510, 3261 and 8261 of Title 10.
Inactive status of reserves assigned to inactive Army National Guard
or inactive Air National Guard, see section 267 of Title 10.
Officers, discharge, see sections 3820 and 8820 of Title 10.
Ready Reserve as including units and members of, see section 269 of
Title 10.
Reserve components, see section 261 of Title 10.
Reserve Forces Policy Board membership to include two members each
from, see section 175 of Title 10.
Status when not in Federal service, see sections 3079 and 8079 of
Title 10.
Strength, see sections 3224 and 8224 of Title 10.
Transfer of members from Ready Reserve to Standby Reserve, see
section 269 of Title 10.
Transfer of members to Army Reserve or Air Force Reserve, see
sections 3259, 3352, 8259, and 8352 of Title 10.
Insurrection, see section 331 et seq. of Title 10.
Militia of District of Columbia, see D.C. Code, 39-101 et seq.
National Guard Bureau --
Assignment of regular or reserve officers of Army or Air Force, see
sections 3541 and 8541 of Title 10, Armed Forces.
Chief, appointment; acting chief, see section 3040 of Title 10.
Commissioned officers of Army National Guard of United States and Air
National Guard of United States, duty in Bureau, see sections 3496 and
8496 of Title 10.
Functions with respect to Air National Guard, see section 8021 of
Title 10.
Organized militia as including the National Guard, see section 311 of
Title 10.
Policies and regulations for government of Army National Guard of
United States and Army National Guard, Air National Guard of United
States and Air National Guard, see sections 3021 and 8021 of Title 10.
Reserve components, standards and procedures for retention and
promotion, see section 1001 et seq. of Title 10.
32 USC 101. Definitions
TITLE 32 -- NATIONAL GUARD
In addition to the definitions in sections 1-5 of title 1, the
following definitions apply in this title:
(1) ''Territory'' means any Territory organized after this title is
enacted, so long as it remains a Territory. However, for purposes of
this title and other laws relating to the militia, the National Guard,
the Army National Guard of the United States, and the Air National Guard
of the United States, ''Territory'' includes Guam and the Virgin
Islands.
(2) ''Armed forces'' means the Army, Navy, Air Force, Marine Corps,
and Coast Guard.
(3) ''National Guard'' means the Army National Guard and the Air
National Guard.
(4) ''Army National Guard'' means that part of the organized militia
of the several States and Territories, Puerto Rico, and the District of
Columbia, active and inactive, that --
(A) is a land force;
(B) is trained, and has its officers appointed, under the sixteenth
clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal
expense; and
(D) is federally recognized.
(5) ''Army National Guard of the United States'' means the reserve
component of the Army all of whose members are members of the Army
National Guard.
(6) ''Air National Guard'' means that part of the organized militia
of the several States and Territories, Puerto Rico, and the District of
Columbia, active and inactive, that --
(A) is an air force;
(B) is trained, and has its officers appointed, under the sixteenth
clause of section 8, article I of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal
expense; and
(D) is federally recognized.
(7) ''Air National Guard of the United States'' means the reserve
component of the Air Force all of whose members are members of the Air
National Guard.
(8) ''Officer'' means commissioned or warrant officer.
(9) ''Enlisted member'' means a person enlisted in, or inducted,
called, or conscripted into, an armed force in an enlisted grade.
(10) ''Grade'' means a step or degree, in a graduated scale of office
or military rank, that is established and designated as a grade by law
or regulation.
(11) ''Rank'' means the order of precedence among members of the
armed forces.
(12) ''Active duty'' means full-time duty in the active military
service of the United States. It includes such Federal duty as
full-time training duty, annual training duty, and attendance, while in
the active military service, at a school designated as a service school
by law or by the Secretary of the military department concerned. It
does not include full-time National Guard duty.
(13) ''Supplies'' includes material, equipment, and stores of all
kinds.
(14) ''Shall'' is used in an imperative sense.
(15) ''May'' is used in a permissive sense. The words ''no person
may * * *'' mean that no person is required, authorized, or permitted to
do the act prescribed.
(16) ''Includes'' means ''includes but is not limited to''.
(17) ''Pay'' includes basic pay, special pay, incentive pay, retired
pay, and equivalent pay, but does not include allowances.
(18) ''Spouse'' means husband or wife, as the case may be.
(19) ''Full-time National Guard duty'' means training or other duty,
other than inactive duty, performed by a member of the Army National
Guard of the United States or the Air National Guard of the United
States in the member's status as a member of the National Guard of a
State or territory, the Commonwealth of Puerto Rico, or the District of
Columbia under section 316, 502, 503, 504, or 505 of this title for
which the member is entitled to pay from the United States or for which
the member has waived pay from the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 596; Sept. 2, 1958, Pub. L.
85-861, 2(1), 72 Stat. 1542; June 25, 1959, Pub. L. 86-70, 27, 73 Stat.
148; July 12, 1960, Pub. L. 86-624, 22, 74 Stat. 417; Oct. 13, 1972,
Pub. L. 92-492, 2(a), 86 Stat. 810; Dec. 12, 1980, Pub. L. 96-513,
title V, 507(a), 94 Stat. 2919; Dec. 24, 1980, Pub. L. 96-600, 3(a), 94
Stat. 3493; Oct. 19, 1984, Pub. L. 98-525, title IV, 414(b)( 1), 98
Stat. 2519; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII,
1234(b)(1), 102 Stat. 2059.)
The definitions in clauses (2) and (9)-(17) reflect the adoption of
terminology which, though undefined in the source statutes restated in
this title, represent the closest practicable approximation of the ways
in which the terms defined have been most commonly used. Where
established uses conflict, a choice has been made.
In clause (1), the definition of ''Territory'' in 32:4c is executed
throughout this revised title by specific reference, where applicable,
to the Territories, Puerto Rico, and the Canal Zone.
In clause (2), a definition of ''National Guard'' is inserted for
clarity.
In clause (3)(A), the words ''a land force'' are substituted for 32:
2. The National Defense Act of 1916, 117 (last 66 words), 39 Stat. 212,
is not contained in 32:2. It is also omitted from the revised section as
repealed by the act of February 28, 1925, ch. 374, 3, 43 Stat. 1081.
In clauses (3) and (4), the word ''Army'' is inserted to distinguish
the organizations defined from their Air Force counterparts.
In clauses (3) and (5), the words ''unless the context or subject
matter otherwise requires -- '' and ''as provided in this title'', in
32:4b, are omitted as surplusage.
In clauses (3)(B) and (5)(B), the words ''has its officers
appointed'' are substituted for the word ''officered'', in 32:4b.
In clauses (4) and (6), only that much of the description of the
composition of the Army National Guard of the United States and the Air
National Guard of the United States is used as is necessary to
distinguish these reserve components, respectively, from the other
reserve components.
In clause (5)(A), the words ''an air force'' are substituted for the
words ''for which Federal responsibility has been vested in the
Secretary of the Air Force or the Department of the Air Force pursuant
to law'', in 10:1835, and for 32:2 (less applicability to Army National
Guard), to make the definition of ''Air National Guard'' parallel with
the definition of ''Army National Guard'', and to make explicit the
intent of Congress in creating the Air National Guard, that the
organized militia henceforth should consist of three mutually exhaustive
classes comprising the Army, Air, and Naval militia.
In clause (8), words showing how enlisted members became such are
inserted to make clear that enlistment is not the only method of
becoming a member in an enlisted grade.
In clause (2), the term ''armed forces'' is defined for legislative
convenience and is defined the same as that term is defined in section
101(4) of title 10, United States Code.
The definition in clause (18) reflects the adoption of terminology
which, though undefined in the source statutes restated in this title,
represents the closest practicable approximation of the ways in which
the term has been commonly used.
1988 -- Cls. (4), (6). Pub. L. 100-456 struck out ''the Canal
Zone,'' after ''Puerto Rico,''.
1984 -- Cl. (12). Pub. L. 98-525, 414(b)(1)(A), inserted at end ''It
does not include full-time National Guard duty.''
Cl. (19). Pub. L. 98-525, 414(b)(1)(B), added cl. (19).
1980 -- Cl. (1). Pub. L. 96-600 inserted reference to Guam.
Cl. (12). Pub. L. 96-513 struck out ''duty on the active list,''
after ''Federal duty as''.
1972 -- Cl. (1). Pub. L. 92-492 inserted provision including within
term ''Territory'' for purposes of this title and other laws relating to
the militia, the National Guard, the Army National Guard of the United
States, and the Air National Guard of the United States, the Virgin
Islands.
1960 -- Cl. (1). Pub. L. 86-624 struck out reference to Hawaii.
1959 -- Cl. (1). Pub. L. 86-70 struck out reference to Alaska.
1958 -- Cls. (2) to (18). Pub. L. 85-861 added cls. (2) and (18)
and renumbered former cls. (2) to (16) as (3) to (17), respectively.
Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
701(a) of Pub. L. 96-513, set out as a note under section 101 of Title
10, Armed Forces.
10 section 101; title 28 section 2671.
32 USC 102. General policy
TITLE 32 -- NATIONAL GUARD
In accordance with the traditional military policy of the United
States, it is essential that the strength and organization of the Army
National Guard and the Air National Guard as an integral part of the
first line defenses of the United States be maintained and assured at
all times. Whenever Congress determines that more units and
organizations are needed for the national security than are in the
regular components of the ground and air forces, the Army National Guard
of the United States and the Air National Guard of the United States, or
such parts of them as are needed, together with such units of other
reserve components as are necessary for a balanced force, shall be
ordered to active Federal duty and retained as long as so needed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 597.)
The words ''The Congress further declares * * * as expressed in the
National Defense Act of 1916 as amended'' and ''It is the intent of
Congress that'' are omitted as surplusage. The words ''United States''
are substituted for the words ''our'' and ''this Nation''. The words
''more * * * than are in'' are substituted for the words ''in excess of
those''. The words ''Federal duty'' are substituted for the words
''military service of the United States''. The words ''as long as so
needed'' are substituted for the words ''so long as such necessity
exists''.
Active duty of reserve components generally, see section 672 of Title
10, Armed Forces.
Active Federal service, see sections 3495 and 8495 of Title 10.
Basic policy for order into Federal service, see section 263 of Title
10.
Call into Federal service, see sections 3500 and 8500 of Title 10.
Insurrection, see section 331 et seq. of Title 10.
Reserve components, see section 261 et seq. of Title 10.
32 USC 103. Branches and organizations
TITLE 32 -- NATIONAL GUARD
The Army National Guard of each State and Territory, Puerto Rico, and
the District of Columbia includes such members of the staff corps
corresponding to the staff corps of the Army as the Secretary of the
Army may authorize.
(Aug. 10, 1956, ch. 1041, 70A Stat. 597; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
The word ''members'' is substituted for the words ''officers and
enlisted men''. The word ''Regular'' is omitted, since the organization
is now prescribed for the Army, and the Regular Army is only a personnel
category.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
Appointment of National Guard officers as Reserve officers upon
Federal recognition, see sections 3351 and 8351 of Title 10, Armed
Forces.
Army Staff, see section 3031 et seq. of Title 10.
32 USC 104. Units: location; organization; command
TITLE 32 -- NATIONAL GUARD
(a) Each State or Territory and Puerto Rico may fix the location of
the units and headquarters of its National Guard.
(b) Except as otherwise specifically provided in this title, the
organization of the Army National Guard and the composition of its units
shall be the same as those prescribed for the Army, subject, in time of
peace, to such general exceptions as the Secretary of the Army may
authorize; and the organization of the Air National Guard and the
composition of its units shall be the same as those prescribed for the
Air Force, subject, in time of peace, to such general exceptions as the
Secretary of the Air Force may authorize.
(c) To secure a force the units of which when combined will form
complete higher tactical units, the President may designate the units of
the National Guard, by branch of the Army or organization of the Air
Force, to be maintained in each State and Territory, Puerto Rico, and
the District of Columbia. However, no change in the branch,
organization, or allotment of a unit located entirely within a State may
be made without the approval of its governor.
(d) To maintain appropriate organization and to assist in training
and instruction, the President may assign the National Guard to
divisions, wings, and other tactical units, and may detail commissioned
officers of the National Guard or of the Regular Army or the Regular Air
Force, as the case may be, to command those units. However, the
commanding officer of a unit organized wholly within a State or
Territory, Puerto Rico, or the District of Columbia may not be displaced
under this subsection.
(e) To insure prompt mobilization of the National Guard in time of
war or other emergency, the President may, in time of peace, detail a
commissioned officer of the Regular Army to perform the duties of chief
of staff for each fully organized division of the Army National Guard,
and a commissioned officer of the Regular Air Force to perform the
duties of the corresponding position for each fully organized wing of
the Air National Guard.
(f) Unless the President consents --
(1) an organization of the National Guard whose members have received
compensation from the United States as members of the National Guard may
not be disbanded; and
(2) the actual strength of such an organization in commissioned
officers or enlisted members may not be reduced below the minimum
strength prescribed by the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 598; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), (2), 102 Stat. 2059.)
In subsection (a), the words ''within their respective borders'' are
omitted as surplusage.
In subsection (b), the word ''Army'' is substituted for the words
''Regular Army'', since the Army is the category for which the
organization is prescribed, and the Regular Army is a personnel category
for which no organization is prescribed. Similarly, the words ''Air
Force'' are used instead of the words ''Regular Air Force''.
In subsection (c), the words ''by branch of the Army or organization
of the Air Force'' are substituted for the words ''as to branch or arm
of service''. The words ''branch, organization, or allotment of a
unit'' are substituted for the words ''allotment, branch, or arm of
units or organizations''.
In subsections (d) and (e) the word ''commissioned'' is inserted,
since 32:8 and 10 historically applied only to commissioned officers
(see opinion of the Judge Advocate General of the Army (JAGA 1953/4078,
6 May 1953)).
In subsection (d), the word ''brigades'' is omitted as surplusage.
In subsection (e), the word ''tactical'' is omitted as surplusage.
In subsection (f), the words ''have received compensation from the
United States as members of the National Guard'' are substituted for the
words ''shall be entitled to and shall have received compensation under
the provisions of this title''. The words ''actual strength * * * in
commissioned officers or enlisted members'' are substituted for the
words ''commissioned or enlisted strength''.
1988 -- Subsec. (a). Pub. L. 100-456, 1234(b)(2), substituted ''Each
State or Territory and Puerto Rico'' for ''Each State and Territory,
Puerto Rico, and the Canal Zone''.
Subsecs. (c), (d). Pub. L. 100-456, 1234(b)(1), struck out ''the
Canal Zone,'' after ''Puerto Rico,''.
Section 32 of act Aug. 10, 1956, provided that:
''(a) Any corps of artillery, cavalry, or infantry existing in any of
the States on the passage of the Act of May 8, 1792, which by the laws,
customs, or usages of those States has been in continuous existence
since the passage of that Act, shall be allowed to retain its ancient
privileges, subject, nevertheless to all duties required by law of
militia: Provided, That those organizations may be a part of the
National Guard and entitled to all the privileges thereof, and shall
conform in all respects to the organization, discipline, and training to
the National Guard in time of war: Provided further, That for purposes
of training and when on active duty in the service of the United States
they may be assigned to higher units, as the President may direct, and
shall be subject to the orders of officers under whom they shall be
serving.
''(b) The First Corps Cadets, antedating, and continuously existing
in the State of Massachusetts since, the Act of May 8, 1792, now
designated as the 126th Tank Battalion, 26th Infantry Division, hereby
declared to be a corps as defined in subsection (a) of this Act for all
purposes thereof and now incorporated in the Organized Militia and a
part of the National Guard of Massachusetts, shall be allowed to retain
its ancient privileges and organization. The First Corps Cadets is
hereby declared to be entitled to a lieutenant colonel in command and a
major second in command; and those officers, when federally recognized,
are entitled to the pay provided by law for their respective grades:
Provided, That nothing in this section or other provisions of law shall
be considered to be in derogation of any other ancient privileges to
which the First Corps Cadets is entitled under the laws, customs, or
usages of the State of Massachusetts.''
Army Staff and Air Staff, see sections 3031 et seq. and 8031 et seq.
of Title 10, Armed Forces.
Chief and assistant chief of staff of divisions of Army National
Guard in Federal service, detail, see section 3542 of Title 10.
Chief and assistant chief of staff of wings of Air National Guard in
Federal service, detail, see section 8542 of Title 10.
Limitation on relocation of units, see section 2238 of Title 10.
Policies and regulations for government of reserve components of Army
and Air Force, see sections 3021 and 8021 of Title 10.
32 USC 105. Inspection
TITLE 32 -- NATIONAL GUARD
(a) Under regulations prescribed by him, the Secretary of the Army
may have an inspection made by inspectors general, or, if necessary, by
any other commissioned officers of the Regular Army detailed for that
purpose, to determine whether --
(1) the amount and condition of property held by the Army National
Guard are satisfactory;
(2) the Army National Guard is organized as provided in this title;
(3) the members of the Army National Guard meet prescribed physical
and other qualifications;
(4) the Army National Guard and its organization are properly
uniformed, armed, and equipped and are being trained and instructed for
active duty in the field, or for coast defense;
(5) Army National Guard records are being kept in accordance with
this title; and
(6) the accounts and records of each property and fiscal officer are
properly maintained.
The Secretary of the Air Force has a similar duty with respect to the
Air National Guard.
(b) The reports of inspections under subsection (a) are the basis for
determining whether the National Guard is entitled to the issue of
military property as authorized under this title and to retain that
property; and for determining which organizations and persons
constitute units and members of the National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 598; July 30, 1977, Pub. L.
95-79, title VIII, 804(a), 91 Stat. 333.)
In subsection (a), the word ''commissioned'' is inserted, since 32:
15 historically applied only to commissioned officers (see opinion of
the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)).
In subsection (a)(2), the words ''provided in this title'' are
substituted for the words ''hereinbefore prescribed''.
In subsection (a)(4), the words ''the Army National Guard and its
organizations'' are substituted for the words ''the organization and the
officers and enlisted men thereof''. The word ''uniformed'' is omitted
as covered by the word ''equipped''.
In subsection (b), the words ''under subsection (a)'' are substituted
for the word ''such''. The words ''units and members'' are substituted
for the word ''parts''. The words ''within the meaning of this title''
are omitted as surplusage.
1977 -- Subsec. (a). Pub. L. 95-79 substituted ''Under regulations
prescribed by him, the Secretary of the Army may have an inspection
made'' for ''The Secretary of the Army shall have an inspection made at
least once a year'' and added cl. (6).
32 USC 106. Annual appropriations
TITLE 32 -- NATIONAL GUARD
Sums will be appropriated annually, out of any money in the Treasury
not otherwise appropriated, for the support of the Army National Guard
and the Air National Guard, including the issue of arms, ordnance
stores, quartermaster stores, camp equipage, and other military
supplies, and for the payment of other expenses authorized by law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 599.)
The words ''issue of'' are substituted for the words ''the expense of
providing''. The words ''for issue to the National Guard'' and
''pertaining to said guard as are or may be'' are omitted as surplusage.
Supplies, services, and facilities, issuance to reserve components,
see section 2521 of Title 10, Armed Forces.
title 10 section 2540.
32 USC 107. Availability of appropriations
TITLE 32 -- NATIONAL GUARD
(a) Under such regulations as the Secretary concerned may prescribe,
appropriations for the National Guard are available for --
(1) the necessary expenses of members of a regular or reserve
component of the Army or the Air Force traveling on duty in connection
with the National Guard;
(2) the necessary expenses of officers of the Regular Army or the
Regular Air Force on duty in the National Guard Bureau or with the Army
General Staff or the Air Staff, traveling to and from annual conventions
of the National Guard Association of the United States or the Adjutants
General Association;
(3) the transportation of supplies furnished to the National Guard as
permanent equipment;
(4) the office rent and necessary office expenses of officers of a
regular or reserve component of the Army or the Air Force on duty with
the National Guard;
(5) the expenses of the National Guard Bureau, including clerical
services;
(6) the promotion of rifle practice, including the acquisition,
construction, maintenance, and equipment of shooting galleries and
suitable target ranges;
(7) such incidental expenses of authorized encampments, maneuvers,
and field instruction as the Secretary considers necessary; and
(8) other expenses of the National Guard authorized by law.
(b) The expenses of enlisted members of the Regular Army or the
Regular Air Force on duty with the National Guard shall be paid from
appropriations for the Army National Guard or the Air National Guard, as
the case may be, but not from the allotment of a State or Territory,
Puerto Rico, or the District of Columbia. Payable expenses include
allowances for subsistence and quarters under sections 402 and 403 of
title 37 and expenses for medicine and medical attendance.
(c) The pay and allowances for the Chief of the National Guard Bureau
and officers of the Army National Guard of the United States or the Air
National Guard of the United States called to active duty under section
3496 or 8496 of title 10 shall be paid from appropriations for the pay
of the Army National Guard or Air National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 599; Sept. 11, 1967, Pub. L.
90-83, 4, 81 Stat. 220; Aug. 13, 1971, Pub. L. 92-119, 1(a), 85 Stat.
340; Sept. 13, 1982, Pub. L. 97-258, 2(h), 96 Stat. 1061; Sept. 29,
1988, Pub. L. 100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
In subsection (a), the words ''strengths in enlisted members of the
active'' are substituted for the words ''number of enlisted men in
active service''. The words between the eighth and ninth semicolons of
32:22, relating to horses and draft animals, are omitted as obsolete,
since no animals are now authorized for the National Guard. The words
''under section 106 of this title'' are inserted, since only
appropriations under that revised section are required to be
apportioned.
In subsection (b)(1) and (2), the words ''actual and'' are omitted as
surplusage.
In subsection (b)(2), the words ''Reserve Officers holding commission
in the National Guard'' are omitted as covered by the words ''officers
of a * * * reserve component of the Army or the Air Force''. The words
''Army General Staff'' are substituted for the words ''War Department
General Staff'' to conform to section 3031(b) of title 10.
In subsection (c), the words ''under sections 251 and 252 of title
37'' are substituted for the words ''provided in section 19 of title
37'', since allowances for subsistence and quarters are now covered by
those sections. The words ''shall be paid from appropriations for the
National Guard, but not from the allotment of a State or Territory,
Puerto Rico, the Canal Zone, or the District of Columbia'' are
substituted for the words ''shall constitute a charge against the whole
sum annually appropriated for the support of the National Guard, and
shall be paid therefrom and not from the allotment duly apportioned for
any particular State, Territory, or the District of Columbia''.
The work ''appropriations'' is substituted for ''funds appropriated''
for consistency in the title.
1988 -- Subsec. (b). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1982 -- Subsec. (c). Pub. L. 97-258 added subsec. (c).
1971 -- Pub. L. 92-119, 1(a)(1), substituted ''Availability'' for
''Apportionment'' in section catchline.
Subsec. (a). Pub. L. 92-119, 1(a)(2), (3), (4), redesignated subsec.
(b) as (a) and substituted ''appropriation for the National Guard'' for
''apportioned appropriation''. Former subsec. (a), which provided for
apportionment of appropriations for Army National Guard and Air National
Guard under prescribed formulas among States, territories, Puerto Rico,
Canal Zone, District of Columbia, was struck out.
Subsecs. (b), (c). Pub. L. 92-119, 1(a)(4), redesignated subsec.
(c) as (b). Former subsec. (b) redesignated (a) and amended.
1967 -- Subsec. (c). Pub. L. 90-83 substituted ''402 and 403'' for
''251 and 252''.
National Guard Bureau, assignment of regular or reserve officers of
Army or Air Force, see sections 3541 and 8541 of Title 10, Armed Forces.
Supplies, services, and facilities, issuance to reserve components,
see section 2521 of Title 10.
32 USC 108. Forfeiture of Federal benefits
TITLE 32 -- NATIONAL GUARD
If, within a time to be fixed by the President, a State does not
comply with or enforce a requirement of, or regulation prescribed under,
this title its National Guard is barred, wholly or partly as the
President may prescribe, from receiving money or any other aid, benefit,
or privilege authorized by law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 600.)
The words ''does not comply'' are substituted for the words ''shall *
* * have failed or refused to comply''. The words ''a requirement of,
or regulation prescribed under, this title'' are substituted for the
words ''any requirement of this title, or any regulation promulgated
thereunder and in aid thereof by the President or the Secretary of the
Army''. The words ''money or any other aid'' are substituted for the
words ''pecuniary or other aid''. The words ''or provided by this title
or any other'' are omitted as surplusage.
32 USC 109. Maintenance of other troops
TITLE 32 -- NATIONAL GUARD
(a) In time of peace, a State or Territory, Puerto Rico, the Virgin
Islands, or the District of Columbia may maintain no troops other than
those of its National Guard and defense forces authorized by subsection
(c).
(b) Nothing in this title limits the right of a State or Territory,
Puerto Rico, the Virgin Islands, or the District of Columbia to use its
National Guard or its defense forces authorized by subsection (c) within
its borders in time of peace, or prevents it from organizing and
maintaining police or constabulary.
(c) In addition to its National Guard, if any, a State or Territory,
Puerto Rico, the Virgin Islands, or the District of Columbia may, as
provided by its laws, organize and maintain defense forces. A defense
force established under this section may be used within the jurisdiction
concerned, as its chief executive (or commanding general in the case of
the District of Columbia) considers necessary, but it may not be called,
ordered, or drafted into the armed forces.
(d) A member of a defense force established under subsection (c) is
not, because of that membership, exempt from service in the armed
forces, nor is he entitled to pay, allowances, subsistence,
transportation, or medical care or treatment, from funds of the United
States.
(e) A person may not become a member of a defense force established
under subsection (c) if he is a member of a reserve component of the
armed forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 600; Sept. 2, 1958, Pub. L.
85-861, 2(2), 72 Stat. 1542; Sept. 29, 1988, Pub. L. 100-456, div. A,
title XII, 1234(b)(1), 102 Stat. 2059.)
In subsection (a), the words ''those of its National Guard'' are
substituted for the words ''as authorized in accordance with the
organization prescribed under this Act''.
In subsections (a) and (b), the provisions of 32:194(c) are exhausted
by the enumeration of the jurisdictions named.
In subsection (b), the words ''Nothing in this title limits'' are
substituted for the words ''Nothing contained in this Act shall be
construed to limit''.
In subsection (c), the words ''heretofore authorized by this Act
(sic)'', ''as such'', and ''in any manner'' are omitted as surplusage.
In subsection (d), the words ''under any Federal law'' are omitted
since only Federal law could require service in the armed forces. The
word ''military'' is omitted as surplusage.
In subsection (e), the words ''defense force'' are substituted for
the words ''organized militia'' for accuracy and to conform to
subsection (c). The words ''reserve component of the armed forces'' are
substituted for the words ''Reserve Forces as defined in section 901 of
Title 50'', since that term is not defined in the Armed Forces Reserve
Act of 1952.
1988 -- Subsecs. (a) to (c). Pub. L. 100-456 struck out ''the Canal
Zone,'' after ''Virgin Islands,''.
1958 -- Subsecs. (a), (b). Pub. L. 85-861, 2(2)(A), substituted
''defense forces authorized by subsection (c)'' for ''State defense
forces''.
Subsecs. (c) to (e). Pub. L. 85-861, 2(2)(B), added subsecs. (c) to
(e).
32 USC 110. Regulations
TITLE 32 -- NATIONAL GUARD
The President shall prescribe regulations, and issue orders,
necessary to organize, discipline, and govern the National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 600.)
The word ''rules'' is omitted as covered by the word ''regulations''.
The words ''National Guard'' are substituted for the words ''the
militia provided for in this title''. The words ''for the thorough''
are omitted as surplusage.
32 USC 111. Suspension of certain provisions of this title
TITLE 32 -- NATIONAL GUARD
In time of war, or of emergency declared by Congress, the President
may suspend the operation of any provision of sections 307(e), 309, 310,
and 323(d) and (e) of this title with respect to the Army National Guard
or the Air National Guard.
(Added Pub. L. 85-861, 2(3), Sept. 2, 1958, 72 Stat. 1543.)
Reference to the exception in section 307(a) is omitted as
unnecessary because a suspension of section 307(e) of this title, or of
section 8365 or 8366 of Title 10, will in effect suspend that exception
so far as it refers to the suspended section. A reference to the
remainder of section 307(a) is omitted as unnecessary because the
general rule that it states exists independently of that part of the
source law for section 307(a) that is suspendible under this section. A
reference to section 307(f) is omitted as unnecessary because a
suspension of section 307(e) will in effect suspend section 307(f) so
far as it applies to section 307(e). 50:1199 (2d sentence) is omitted
as inapplicable to the National Guard.
Functions of President under this section delegated to Secretary of
Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33
F.R. 841, set out as a note under section 301 of Title 3, The President.
32 USC 112. Drug interdiction and counter-drug activities
TITLE 32 -- NATIONAL GUARD
(a) Funding Assistance. -- The Secretary of Defense may provide to
the Governor of a State who submits a plan to the Secretary under
subsection (b) sufficient funds for --
(1) the pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses of personnel of the National Guard of that State
used for --
(A) the purpose of drug interdiction and counter-drug activities;
and
(B) the operation and maintenance of the equipment and facilities of
the National Guard of that State used for that purpose; and
(2) the procurement of services and leasing of equipment for the
National Guard of that State used for the purpose of drug interdiction
and counter-drug activities.
(b) Plan Requirements. -- A plan referred to in subsection (a) shall
--
(1) specify how personnel of the National Guard of that State are to
be used in drug interdiction and counter-drug activities;
(2) certify that those operations are to be conducted at a time when
the personnel involved are not in Federal service; and
(3) certify that participation by National Guard personnel in those
operations is service in addition to annual training required under
section 502 of this title.
(c) Examination of Plan. -- (1) Before funds are provided to the
Governor of a State under this section, the Secretary of Defense shall
examine the adequacy of the plan submitted by the Governor under
subsection (b).
(2) Except as provided in paragraph (3), the Secretary shall carry
out paragraph (1) in consultation with the Director of National Drug
Control Policy.
(3) Paragraph (2) shall not apply if --
(A) the Governor of a State submits a plan under subsection (b) that
is substantially the same as a plan submitted for that State for a
previous fiscal year; and
(B) funds were provided to the State pursuant to such plan.
(d) Statutory Construction. -- Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
(e) Exclusion From End-Strength Computation. -- (1) Members of the
National Guard on active duty or full-time National Guard duty for the
purposes of administering this section shall not be counted toward the
annual end strength authorized for reserves on active duty in support of
the reserve components of the armed forces or toward the strengths
authorized in sections 517 and 524 of title 10.
(2) The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives an annual report
specifying for the period covered by the report the number of members of
the National Guard excluded under paragraph (1) from the computation of
end strengths.
(f) Definitions. -- For purposes of this section:
(1) The term ''counter-drug activities'' includes the use of National
Guard personnel, while not in Federal service, in any law enforcement
activities authorized by State and local law and requested by the
Governor.
(2) The term ''Governor of a State'' means, in the case of the
District of Columbia, the Commanding General of the National Guard of
the District of Columbia.
(3) The term ''State'' means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, or a territory or
possession of the United States.
(Added Pub. L. 101-189, div. A, title XII, 1207(a)(1), Nov. 29, 1989,
103 Stat. 1564, and amended Pub. L. 102-25, title VII, 703, Apr. 6,
1991, 105 Stat. 118.)
Similar provisions were contained in Pub. L. 100-456, div. A, title
XI, 1105, Sept. 29, 1988, 102 Stat. 2047, which was set out as a note
under section 374 of Title 10, Armed Forces, and was repealed by Pub.
L. 101-189, div. A, title XII, 1207(b), Nov. 29, 1989, 103 Stat.
1566.
1991 -- Subsec. (c)(2). Pub. L. 102-25 substituted ''in consultation
with the Director of National Drug Control Policy.'' for ''in
consultation with --
''(A) the Attorney General of the United States in the case of a plan
submitted for fiscal year 1990; and
''(B) the Director of National Drug Control Policy in the case of a
plan submitted for subsequent fiscal years.''
32 USC CHAPTER 3 -- PERSONNEL
TITLE 32 -- NATIONAL GUARD
Sec.
301. Federal recognition of enlisted members.
302. Enlistments, reenlistments, and extensions.
303. Active and inactive enlistments and transfers.
304. Enlistment oath.
305. Federal recognition of commissioned officers: persons
eligible.
307. Federal recognition of officers: examination; certificate of
eligibility.
308. Federal recognition of officers: temporary recognition.
309. Federal recognition of officers: Army National Guard;
officers promoted to fill vacancies.
310. Federal recognition of officers: Army National Guard;
automatic recognition.
312. Appointment oath.
313. Appointments and enlistments: age limitations.
314. Adjutants general.
315. Detail of regular members of Army and Air Force to duty with
National Guard.
316. Detail of members of Army National Guard for rifle instruction
of civilians.
317. Command during joint exercises with Federal troops.
(318 to 321. Repealed.)
322. Discharge of enlisted members.
323. Withdrawal of Federal recognition.
324. Discharge of officers; termination of appointment.
325. Relief from National Guard duty when ordered to active duty.
326. Courts-martial of National Guard not in Federal service:
composition, jurisdiction, and procedures.
327. General courts-martial of National Guard not in Federal
service.
328. Special courts-martial of National Guard not in Federal
service.
329. Summary courts-martial of National Guard not in Federal
service.
330. Confinement instead of fine.
331. Dismissal or dishonorable discharge.
332. Compelling attendance of accused and witnesses.
333. Execution of process and sentence.
(334, 335. Repealed.)
1986 -- Pub. L. 99-661, div. A, title VI, 604(f)(2)(B), Nov. 14,
1986, 100 Stat. 3878, struck out item 318 ''Compensation for
disablement during training'', item 319 ''Compensation for disablement
during training when not covered by section 318 of this title'', item
320 ''Hospitalization: when Secretary may require'', and item 321
''Death gratuity''.
1984 -- Pub. L. 98-525, title IV, 414(b)(2)(B), Oct. 19, 1984, 98
Stat. 2519, struck out item 335 ''Status of certain members performing
full-time duty''.
1983 -- Pub. L. 98-94, title V, 504(b)(2), Sept. 24, 1983, 97 Stat.
632, added item 335.
1981 -- Pub. L. 97-124, 3, Dec. 29, 1981, 95 Stat. 1666, struck
out item 334 ''Payment of malpractice liability of National Guard
Medical personnel''.
1980 -- Pub. L. 96-513, title V, 515(1), Dec. 12, 1980, 94 Stat.
2937, inserted ''of officers'' after ''recognition'' in item 307.
1976 -- Pub. L. 94-464, 2(c), Oct. 8, 1976, 90 Stat. 1988, added
item 334.
1961 -- Pub. L. 87-378, 5(2), Oct. 4, 1961, 75 Stat. 808, inserted
'', reenlistments, and extensions'' in item 302.
1958 -- Pub. L. 85-861, 2(8), Sept. 2, 1958, 72 Stat. 1544, added
items 309 and 310.
Active Federal status, see sections 3495 and 8495 of Title 10, Armed
Forces.
Appointments as reserve officers, see section 591 et seq., 3351 et
seq., and 8351 et seq. of Title 10.
Army National Guard and Air National Guard in Federal service, call,
see sections 3500 and 8500 of Title 10.
Army Reserve or Air Force Reserve --
Transfer from Army National Guard of United States or Air National
Guard of United States to, see sections 3259, 3352, 8259 and 8352 of
Title 10.
Transfer to upon withdrawal as member of Army National Guard or Air
National Guard, see sections 3260 and 8260 of Title 10.
Basic policy for order of Army National Guard of the United States
and Air National Guard of the United States into Federal service, see
section 263 of Title 10.
Pay and allowances generally, see Title 37, Pay and Allowances of the
Uniformed Services.
Reserve components: detail of members of regular and reserve
components to assist, see section 715 of Title 10, Armed Forces.
Status when not in Federal service, see sections 3079 and 8079 of
Title 10.
Uniform, when wearing by persons not on active duty authorized, see
section 772 of Title 10.
32 USC 301. Federal recognition of enlisted members
TITLE 32 -- NATIONAL GUARD
To be eligible for Federal recognition as an enlisted member of the
National Guard, a person must have the qualifications prescribed by the
Secretary concerned for the grade, branch, position, and type of unit or
organization involved. He becomes federally recognized upon enlisting
in a federally recognized unit or organization of the National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 601.)
Withdrawal of Federal recognition, see section 323 of this title.
32 USC 302. Enlistments, reenlistments, and extensions
TITLE 32 -- NATIONAL GUARD
(a) Under regulations to be prescribed by the Secretary concerned,
original enlistments in the National Guard may be accepted for --
(1) any specified term, not less than three years, for persons who
have not served in an armed force; or
(2) any specified term, not less than one year, for persons who have
served in any armed force.
(b) Under regulations to be prescribed by the Secretary concerned,
reenlistment in the National Guard may be accepted for any specified
period, or, if the person last served in one of the highest five
enlisted grades, for an unspecified period.
(c) Enlistments or reenlistments in the National Guard may be
extended --
(1) under regulations to be prescribed by the Secretary concerned, at
the request of the member, for any period not less than six months; or
(2) by proclamation of the President, if Congress declares an
emergency, until six months after termination of that emergency.
(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Oct. 4, 1961, Pub. L.
87-378, 5(1), 75 Stat. 808.)
32:124 (1st proviso) is omitted as executed. The word
''reenlistments'' is substituted for the words ''subsequent
enlistments''.
1961 -- Pub. L. 87-378 permitted original enlistments for any
specified term, not less than three years, for persons who have not
served in an armed force, authorized reenlistments for any specified
period, or if the person last served in one of the highest five enlisted
grades, for an unspecified period, extensions of enlistments or
reenlistments at the request of the member for any period not less than
six months after termination of the emergency.
Amendment by Pub. L. 87-378 not effective with respect to any
enlistment, reenlistment, or appointment entered into or made before
Oct. 4, 1961, see section 6 of Pub. L. 87-378, set out as a note under
section 3261 of Title 10, Armed Forces.
Army National Guard of United States and Air National Guard of United
States, see sections 3261 and 8261 of Title 10, Armed Forces.
32 USC 303. Active and inactive enlistments and transfers
TITLE 32 -- NATIONAL GUARD
(a) Under regulations to be prescribed by the Secretary of the Army,
a person qualified for enlistment in the active Army National Guard may
be enlisted in the inactive Army National Guard for a single term of one
or three years. Under regulations prescribed by the Secretary of the
Air Force, a person qualified for enlistment in the active Air National
Guard may be enlisted in the inactive Air National Guard for a single
term of one or three years.
(b) Under such regulations as the Secretary of the Army may
prescribe, an enlisted member of the active Army National Guard, not
formerly enlisted in the inactive Army National Guard, may be
transferred to the inactive Army National Guard. Under such regulations
as the Secretary of the Air Force may prescribe, an enlisted member of
the active Air National Guard, not formerly enlisted in the inactive Air
National Guard, may be transferred to the inactive Air National Guard.
Under such regulations as the Secretary concerned may prescribe, a
person enlisted in or transferred to the inactive Army National Guard or
the inactive Air National Guard may be transferred to the active Army
National Guard or the active Air National Guard, as the case may be.
(c) In time of peace, no enlisted member may be required to serve for
a period longer than that for which he enlisted in the active or
inactive National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Sept. 7, 1962, Pub. L.
87-649, 14e(1), 76 Stat. 502; Dec. 12, 1980, Pub. L. 96-513, title V,
515(2), 94 Stat. 2937.)
In subsection (a), 32:132 (last 23 words) is omitted as covered by
section 304 of this title.
In subsection (b), the words ''Under such regulations as the
Secretary may prescribe'' are substituted for the word ''likewise''.
In subsection (c), the words ''in the inactive * * * National Guard''
are substituted for the words ''not on the active list'', since there is
no active list prescribed for the National Guard.
In subsection (d), the words ''under any enlistment'' are omitted as
surplusage.
1980 -- Subsecs. (c), (d). Pub. L. 96-513 redesignated subsec. (d)
as (c).
1962 -- Subsec. (c). Pub. L. 87-649 repealed subsec. (c) which
provided that a person enlisted in inactive Army National Guard or
inactive Air National Guard is not entitled to pay under section 301 of
title 37.
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Persons enlisted in inactive National Guard not entitled to pay, see
section 206 of Title 37, Pay and Allowances of Uniformed Services.
Transfer of enlisted members from Army National Guard of United
States and Air National Guard of United States to Army Reserve and Air
Force Reserve, see sections 3259 and 8259 of Title 10, Armed Forces.
32 USC 304. Enlistment oath
TITLE 32 -- NATIONAL GUARD
Each person enlisting in the National Guard shall sign an enlistment
contract and subscribe to the following oath:
''I do hereby acknowledge to have voluntarily enlisted this XX day of
XXXX, 19X, in the XXXXXX National Guard of the State of XXXXXX for a
period of XX year(s) under the conditions prescribed by law, unless
sooner discharged by proper authority.
''I, XXXXXXXX, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States and of the State of XXXXXX
against all enemies, foreign and domestic; that I will bear true faith
and allegiance to them; and that I will obey the orders of the
President of the United States and the Governor of XXXXXX and the orders
of the officers appointed over me, according to law and regulations. So
help me God.''
The oath may be taken before any officer of the National Guard of the
State or Territory, or of Puerto Rico, or the District of Columbia, as
the case may be, or before any other person authorized by the law of the
jurisdiction concerned to administer oaths of enlistment in the National
Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Oct. 5, 1962, Pub. L.
87-751, 2, 76 Stat. 748; Sept. 29, 1988, Pub. L. 100-456, div. A, title
XII, 1234(b)(1), 102 Stat. 2059.)
The words ''or affirmation'' are omitted as covered by the definition
of the word ''oath'' in section 1 of title 1. The words ''Each person''
are substituted for the word ''Men''. The words ''XXXXXX National
Guard'' are substituted for the words ''National Guard (Air National
Guard)''.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
1962 -- Pub. L. 87-751 substituted ''support and defend the
Constitution of the United States and of the State of XXXXXX against all
enemies, foreign and domestic; that I will bear true faith and
allegiance to them'' for ''bear true faith and allegiance to the United
States of America and to the State of XXXXXX: That I will serve them
honestly and faithfully against all their enemies whomsoever'' and
inserted ''So help me God.''
Amendment by Pub. L. 87-751 not to effect any oath taken before one
year after Oct. 5, 1962, see section 3 of Pub. L. 87-751, set out as a
note under section 502 of Title 10, Armed Forces.
General military law provision, see section 502 of Title 10, Armed
Forces.
Subscription to oath necessary for enlistment as member of Army
National Guard of United States and Air National Guard of United States,
see sections 3261 and 8261 of Title 10.
32 USC 305. Federal recognition of commissioned officers: persons
eligible
TITLE 32 -- NATIONAL GUARD
(a) The following categories are eligible for Federal recognition as
commissioned officers of the National Guard:
(1) Members of the National Guard.
(2) Members of the Army, Navy, Air Force, or Marine Corps.
(3) Former officers of the Army, Navy, Air Force, or Marine Corps.
(4) Former enlisted members of the Army, Navy, Air Force, or Marine
Corps who were discharged honorably or under honorable conditions.
(5) Graduates of the United States Military Academy, the United
States Naval Academy, or the United States Air Force Academy.
(6) Graduates of a school, college, university, or officer's training
camp who received military instruction under the supervision of a
commissioned officer of the Regular Army or the Regular Air Force, and
whose fitness for appointment has been certified by that officer.
(7) Civilians who are specially qualified for duty in a technical or
staff branch or organization.
(b) To be eligible for Federal recognition under this section with a
view to serving as a nurse, a person must be a graduate of a hospital or
university training school and a registered nurse.
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Sept. 2, 1958, Pub. L.
85-861, 2(5), 72 Stat. 1543; Nov. 8, 1967, Pub. L. 90-130, 2(1), 81
Stat. 383.)
The word ''individual'' is inserted for clarity to distinguish the
individual Federal recognition that is necessary to membership as an
officer from the general Federal recognition that is necessary to all
membership in the National Guard (see section 301 of this title).
The words ''June 4, 1920'' are omitted as obsolete. The words ''Only
persons selected from the following categories are eligible for
individual Federal recognition as commissioned officers'' are
substituted for the words ''Persons commissioned * * * shall not be
recognized as such under any of the provisions of this title unless they
shall have been selected from the following classes''.
In clause (2), the words ''reserve officers'' are omitted as covered
by the words ''members of the Army, Navy, Air Force, or Marine Corps''.
In clause (4), the words ''under honorable conditions'' are inserted
for clarity.
In clause (5), the words ''the United States Air Force Academy'' are
inserted to reflect the establishment of that institution by the Air
Force Academy Act (68 Stat. 47).
In clause (7), the words ''staff branch'' are substituted for the
words ''Staff Corps and departments''.
The words ''who are citizens of the United States'' are omitted as
covered by section 313(b) of this title. The words ''with a view to
serving'' are substituted for the words ''to serve''. The words ''and
have the physical and other qualifications prescribed by the Secretary
of the Army'' and section 3 of the source statute are omitted as covered
by section 307(a)(2) of this title. The applicability of section 3 of
the source statute to section 1 of the source statute is omitted as
unnecessary.
1967 -- Subsec. (a). Pub. L. 90-130, 2(1)(A), struck out provision
that, except as provided in subsec. (b), only male persons from the
enumerated categories were eligible for Federal recognition as
commissioned officers of the National Guard.
Subsec. (b). Pub. L. 90-130, 2(1)(B), (C), struck out provision that
women are eligible for Federal recognition as commissioned officers of
the National Guard, with a view to serving as nurses or medical
specialist, and substituted ''person'' for ''woman'' in description of
the individual who must be a graduate of a hospital or university
training school and a registered nurse in order to be eligible for
Federal recognition under this section with a view to serving as a
nurse.
1958 -- Subsec. (a). Pub. L. 85-861, 2(5)(A), designated existing
provisions as subsec. (a) and substituted ''Except as provided in
subsection (b), only male persons'' for ''Only persons''.
Subsec. (b). Pub. L. 85-861, 2(5)(B), added subsec. (b).
32 USC 307. Federal recognition of officers: examination; certificate
of eligibility
TITLE 32 -- NATIONAL GUARD
(a) To be eligible for Federal recognition as an officer of the
National Guard, a person must --
(1) receive an appointment with a view to filling a vacancy in a
federally recognized unit or organization of the National Guard;
(2) have the qualifications prescribed by the Secretary concerned for
the grade, branch, position, and type of unit or organization involved;
and
(3) except as provided in subsections (d) and (e) of this section and
sections 8365 and 8366 of title 10, pass an examination for physical,
moral, and professional fitness to be prescribed by the President, and
subscribe to the oath of office prescribed by section 312 of this title.
(b) The examination prescribed by subsection (a) --
(1) shall be conducted, for the Army National Guard, by a board of
three commissioned officers designated by the Secretary of the Army from
members of the Regular Army or the Army National Guard of the United
States, or both, and for the Air National Guard, by a board of three
commissioned officers designated by the Secretary of the Air Force from
members of the Regular Air Force or the Air National Guard of the United
States, or both; and
(2) may be held before original appointment or promotion.
(c) If such a board finds a person qualified, the Chief of the
National Guard Bureau may issue to him a certificate of eligibility for
Federal recognition for the office for which he was found qualified. If
he is originally appointed or promoted within two years to that office,
he is entitled to Federal recognition without further examination,
except as to physical condition.
(d) Subject to subsection (a)(1) and (2) and to such physical
examination as may be prescribed, Federal recognition shall be extended
to each officer of the Army Reserve who has qualified for appointment as
an officer of the Army National Guard in his reserve grade. Similarly,
Federal recognition shall be extended to each officer of the Air Force
Reserve who has qualified for appointment as an officer of the Air
National Guard. Federal recognition extended under this subsection is
effective from the date of appointment in the Army National Guard or the
Air National Guard, as the case may be.
(e) Subject to subsection (a)(1) and (2), Federal recognition shall
be extended to each officer of the Air Force Reserve who is appointed in
a commissioned grade in the Air National Guard to fill a vacancy, if on
the date on which he is appointed his reserve grade is the same as the
grade in which he is appointed or his name is on a recommended list for
promotion to that reserve grade.
(f) Federal recognition extended under subsection (d) or (e) is
effective from the date of appointment in the Army National Guard or the
Air National Guard, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Sept. 2, 1958, Pub. L.
85-861, 2(6), 72 Stat. 1543; Oct. 13, 1972, Pub. L. 92-492, 2(b), 86
Stat. 810; Dec. 16, 1980, Pub. L. 96-535, 94 Stat. 3165.)
In subsection (b), the words ''prescribed by subsection (a)'' are
substituted for the words ''to determine such qualifications for
appointment''. The word ''designated'' is substituted for the word
''appointed'', since the filling of the positions involved is not an
appointment to office in the constitutional sense. The words ''of an
individual as an officer or warrant officer'' are omitted as surplusage.
In subsection (c), the word ''originally'' is inserted for clarity.
The words ''If such a board finds a person'' are substituted for the
words ''if the applicant has been found''. The words ''for individual
Federal recognition for the office for which he was found qualified''
are inserted for clarity. The words ''that office'' are substituted for
the words ''the office for which he was found qualified''.
In subsection (d), the words ''Notwithstanding the provisions of
section 113 of Title 32'' are omitted as covered by the words of
exception in revised subsection (a). The words ''Subject to subsection
(a)(1) and (2)'' are inserted, since 50:1115(a) (less last 39 words) was
not an exception to that part of 50:1113 relating to qualifications
prescribed by the Secretary, or to the requirement that only members of
federally recognized units can be federally recognized. The words ''in
his reserve grade'' are substituted for the words ''in the same grade in
which he is appointed as a Reserve officer of the appropriate Armed
Force of the United States''. The last sentence is inserted for
clarity.
In subsection (e), the words ''to subsection (a)(1) and (2)'' are
inserted, since 50:1349(b) was not an exception to that part of 50:1113
relating to qualifications prescribed by the Secretary, or to the
requirement that only members of federally recognized units can be
federally recognized. The words ''without the examination prescribed in
section 113 of Title 32'' are omitted as covered by the words of
exception in revised subsection (a). The last 37 words are substituted
for 50:1349(b) (last 29 words of 2d sentence; and last sentence).
1980 -- Subsec. (g). Pub. L. 96-535 struck out subsec. (g) which
prohibited extension of Federal recognition to members of the Virgin
Islands National Guard in any grade above colonel.
1972 -- Subsec. (g). Pub. L. 92-492 added subsec. (g).
1958 -- Subsec. (a)(3). Pub. L. 85-861, 2(6)(A), substituted
''subsections (d) and (e) of this section and sections 8365 and 8366 of
title 10'' for ''subsection (d)''.
Subsecs. (e), (f). Pub. L. 85-861, 2(6)(B), added subsecs. (e) and
(f).
Appointment of officers of Army National Guard and Air National Guard
as Reserves for service as members of Army National Guard of United
States and Air National Guard of United States, see sections 3351 and
8351 of Title 10, Armed Forces.
Extension of recognition upon promotion in Air National Guard of the
United States without examination, see sections 8365, 8366, and 8376 of
Title 10.
Suspension of subsec. (e) of this section, see section 111 of this
title.
Transfer of officers from Army National Guard of United States and
Air Force National Guard of United States to Army Reserve and Air Force
Reserve, see sections 3352 and 8352 of Title 10, Armed Forces.
32 USC 308. Federal recognition of officers: temporary recognition
TITLE 32 -- NATIONAL GUARD
(a) The Secretary of the Army may authorize the extension of
temporary Federal recognition as an officer of the Army National Guard
to any person who has passed the examination prescribed in section 307(
b) of this title, pending his appointment as a reserve officer of the
Army. The Secretary of the Air Force may do likewise for a person who
has passed that examination pending his appointment as a reserve officer
of the Air Force. Temporary recognition so extended may be withdrawn at
any time. If not sooner withdrawn or replaced by permanent recognition
upon appointment as a reserve officer in the same grade, it terminates
six months after its effective date.
(b) To be eligible for temporary Federal recognition under subsection
(a), a person must take an oath that during the period of temporary
recognition he will perform his Federal duties as if he had been
appointed as a reserve officer of the Army or the Air Force, as the case
may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 603.)
In subsection (a), the words ''by regulations'' are omitted, since
the Secretary has inherent authority to issue regulations appropriate to
exercising his statutory functions. The words ''as an officer of the
Army National Guard to any person'' are substituted for the words ''to
any officer of the National Guard or Air National Guard''. The second
sentence is inserted for clarity. The words ''successfully'', ''final
determination of his eligibility for, and'', ''in the grade concerned'',
and ''automatically'' are omitted as surplusage. 50:1114 (proviso of
last sentence) is omitted as surplusage.
In subsection (b), the words ''To be eligible for temporary Federal
recognition under subsection (a), a person'' are substituted for the
words ''However, a temporary extension of Federal recognition shall be
granted only when the officer''. The words ''the period of temporary
recognition'' are substituted for the words ''such recognition''. The
words ''and obligations required of him'' and ''in the same grade'' are
omitted as surplusage.
32 USC 309. Federal recognition of officers: Army National Guard;
officers promoted to fill vacancies
TITLE 32 -- NATIONAL GUARD
Each officer of the Army National Guard who is promoted to fill a
vacancy in a federally recognized unit thereof, and who is eligible for
promotion under section 3363(b) of title 10, shall be examined for
Federal recognition in the grade to which he is promoted. However, a
second lieutenant or first lieutenant of the Army National Guard who has
served creditably for at least one year in a position prescribed to be
filled by a captain, and who has not previously been federally
recognized under this section, may be examined for Federal recognition
in the next higher grade without regard to section 3363(b) of title 10.
(Added Pub. L. 85-861, 2(7), Sept. 2, 1958, 72 Stat. 1543.)
The words ''authorized under section 1227(a) of this title'' are
omitted as surplusage.
32 USC 310. Federal recognition of officers: Army National Guard;
automatic recognition
TITLE 32 -- NATIONAL GUARD
(a) Notwithstanding sections 307 and 309 of this title, if a second
lieutenant of the Army National Guard is promoted to the grade of first
lieutenant to fill a vacancy in a federally recognized unit thereof,
Federal recognition is automatically extended to him in the grade of
first lieutenant, effective as of the date on which he completes three
years of service computed under section 3360(a) of title 10.
(b) Notwithstanding sections 307 and 309 of this title, if an officer
of the Army Reserve in a reserve grade above second lieutenant is
appointed in the next higher grade in the Army National Guard to fill a
vacancy in a federally recognized unit thereof, Federal recognition is
automatically extended to him in the grade in which he is so appointed
in the Army National Guard, if he has been recommended for promotion to
the grade concerned under section 3366, 3367, 3370, or 3383 of title 10
and has remained in an active status since he was so recommended. The
extension of Federal recognition under this subsection is effective as
of the date when the officer is appointed in the Army National Guard.
(Added Pub. L. 85-861, 2(7), Sept. 2, 1958, 72 Stat. 1544.)
In subsections (a) and (b), the words ''federally recognized'' are
inserted for clarity.
In subsection (a), the words ''or the date of the promotion,
whichever is later'' are omitted as inconsistent with section 3820(c) of
title 10, requiring the discharge of each second lieutenant who is not
promoted by the time he has three years of service. (See opinion of the
Judge Advocate General of the Army (JAGA 1957/1019, Jan. 7, 1957).)
32 USC 312. Appointment oath
TITLE 32 -- NATIONAL GUARD
Each person who is appointed as an officer of the National Guard
shall subscribe to the following oath:
''I, XXXXXX, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States and the Constitution of the
State of XXXXXX against all enemies, foreign and domestic; that I will
bear true faith and allegiance to the same; that I will obey the orders
of the President of the United States and of the Governor of the State
of XXXXXX, that I make this obligation freely, without any mental
reservation or purpose of evasion, and that I will well and faithfully
discharge the duties of the office of XXXX in the National Guard of the
State of XXXXXX upon which I am about to enter, so help me God.''
(Aug. 10, 1956, ch. 1041, 70A Stat. 603.)
The words ''Each person who is appointed as an'' are inserted for
clarity.
32 USC 313. Appointments and enlistments: age limitations
TITLE 32 -- NATIONAL GUARD
(a) To be eligible for original enlistment in the National Guard, a
person must be at least 17 years of age and under 45, or under 64 years
of age and a former member of the Regular Army, Regular Navy, Regular
Air Force, or Regular Marine Corps. To be eligible for reenlistment, a
person must be under 64 years of age.
(b) To be eligible for appointment as an officer of the National
Guard, a person must --
(1) be a citizen of the United States; and
(2) be at least 18 years of age and under 64.
(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 2, 1958, Pub. L.
85-861, 2(9), 72 Stat. 1544; Nov. 8, 1967, Pub. L. 90-130, 2(2), 81
Stat. 383.)
In subsection (a), 32:4 (1st 19 words) is omitted as covered by
section 101(3) and (5) of this title. 32:4 (54th through 62d words) is
omitted as surplusage. The words ''under 64'' are substituted for the
words ''not more than sixty-four'' to conform to an opinion of the Judge
Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word
''Regular'' is inserted before the words ''Navy'' and ''Marine Corps''.
The words ''Regular Air Force'' are inserted to complete the coverage of
the revised section. The word ''reenlistment'' is substituted for the
words ''subsequent enlistment''.
1967 -- Subsec. (b)(3). Pub. L. 90-130 struck out cl. (3) which
inserted requirement that women appointed with a view to serving as a
nurse or medical specialist be at least 21 years of age and under 64
years of age in order to be eligible for appointment as an officer of
the National Guard.
1958 -- Subsec. (b). Pub. L. 85-861 inserted qualifications for
appointment of women with a view to serving as nurses or medical
specialists.
Army National Guard of United States and Air National Guard of United
States, enlistment, see sections 3261 and 8261 of Title 10, Armed
Forces.
32 USC 314. Adjutants general
TITLE 32 -- NATIONAL GUARD
(a) There shall be an adjutant general in each State and Territory,
Puerto Rico, and the District of Columbia. He shall perform the duties
prescribed by the laws of that jurisdiction.
(b) The President shall appoint the adjutant general of the District
of Columbia and prescribe his grade and qualifications.
(c) The President may detail as adjutant general of the District of
Columbia any retired commissioned officer of the Regular Army or the
Regular Air Force recommended for that detail by the commanding general
of the District of Columbia National Guard. An officer detailed under
this subsection is entitled to the basic pay and allowances of his
grade.
(d) The adjutant general of each State and Territory, Puerto Rico,
and the District of Columbia, and officers of the National Guard, shall
make such returns and reports as the Secretary of the Army or the
Secretary of the Air Force may prescribe, and shall make those returns
and reports to the Secretary concerned or to any officer designated by
him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 2, 1958, Pub. L.
85-894, 72 Stat. 1713; Sept. 29, 1988, Pub. L. 100-456, div. A, title
XII, 1234(b)(1), (5), 102 Stat. 2059; Nov. 5, 1990, Pub. L. 101-510,
div. A, title XIII, 1322(b), 104 Stat. 1672; Dec. 5, 1991, Pub. L.
102-190, div. A, title V, 553, 105 Stat. 1371.)
In subsection (a), the word ''appointed'' is omitted, since the
position is not filled by appointment in some cases. The Act of January
21, 1903, ch. 196, 12 (last 48 words of 1st sentence) are not contained
in 32:11. They are also omitted from the revised section as covered by
subsection (d) of this section.
In subsection (b), the word ''grade'' is substituted for the word
''rank''. The words ''To be eligible for appointment as * * * a person
must be'' are substituted for the words ''each * * * shall be''. The
words ''of that jurisdiction'' are substituted for the words ''of the
Territory for which he is appointed''.
In subsection (c), the word ''Regular'' is inserted as an implication
of 10:998 (last 2 words). The words ''commanding general'' are
substituted for the words ''brigadier general commanding'', since the
commanding general might hold another grade.
The words ''basic pay'' are substituted for the words ''active
service pay'' to conform to section 201 of the Career Compensation Act
of 1949, 63 Stat. 805 (37 U.S.C. 232). The word ''grade'' is
substituted for the word ''rank''.
In subsection (d), the words ''at such times and in such form'' are
omitted as covered by the words ''such returns and reports as the
Secretary * * * may prescribe''.
1991 -- Subsec. (b). Pub. L. 102-190 struck out ''each Territory
and'' before ''the District of Columbia'' in first sentence, and struck
out at end ''To be eligible for appointment as adjutant general of a
Territory, a person must be a citizen of that jurisdiction.''
1990 -- Subsec. (d). Pub. L. 101-510 struck out at end ''Each
Secretary shall send with his annual report to Congress an abstract of
the returns and reports of the adjutants general and such comments as he
considers necessary for the information of Congress.''
1988 -- Subsec. (a). Pub. L. 100-456, 1234(b)(1), struck out ''the
Canal Zone,'' after ''Puerto Rico,''.
Subsec. (b). Pub. L. 100-456, 1234(b)(5), struck out '', the Canal
Zone,'' after ''each Territory'' and ''or the Canal Zone'' after ''a
Territory''.
Subsec. (d). Pub. L. 100-456, 1234(b)(1), struck out ''the Canal
Zone,'' after ''Puerto Rico,''.
1958 -- Subsec. (b). Pub. L. 85-894 struck out ''Puerto Rico'' in
two places.
32 USC 315. Detail of regular members of Army and Air Force to duty
with National Guard
TITLE 32 -- NATIONAL GUARD
(a) The Secretary of the Army shall detail commissioned officers of
the Regular Army to duty with the Army National Guard of each State and
Territory, Puerto Rico, and the District of Columbia. The Secretary of
the Air Force shall detail commissioned officers of the Regular Air
Force to duty with the Air National Guard of each State and Territory,
Puerto Rico, and the District of Columbia. With the permission of the
President, an officer so detailed may accept a commission in the Army
National Guard or the Air National Guard, as the case may be, terminable
in the President's discretion, without prejudicing his rank and without
vacating his regular appointment.
(b) The Secretary of the Army may detail enlisted members of the
Regular Army for duty with the Army National Guard of each State and
Territory, Puerto Rico, and the District of Columbia. The Secretary of
the Air Force may detail enlisted members of the Regular Air Force for
duty with the Air National Guard of each State and Territory, Puerto
Rico, and the District of Columbia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
In subsection (a), 32:68 (last sentence) is omitted as surplusage,
since positive provisions relating to the assignment or detail of
retired officers to that duty are covered by section 3504(a) or 8504(a)
of title 10. The words ''of the active list'', in 32:68, are omitted
for the same reason. The words ''so detailed'' are substituted for the
words ''detailed under section 68 of this title'', in 32:69. The words
''relative or lineal'', in 32:69, are omitted as surplusage.
1988 -- Subsecs. (a), (b). Pub. L. 100-456 struck out ''the Canal
Zone,'' after ''Puerto Rico,''.
National Guard Bureau, assignment of regular or reserve officers of
Army or Air Force, see sections 3541 and 8541 of Title 10, Armed Forces.
Reserve components, detail of members of regular and reserve
components to assist, see section 715 of Title 10.
32 USC 316. Detail of members of Army National Guard for rifle
instruction of civilians
TITLE 32 -- NATIONAL GUARD
The President may detail officers and noncommissioned officers of the
Army National Guard to duty as instructors at rifle ranges for the
training of civilians in the use of military arms.
(Aug. 10, 1956, ch. 1041, 70A Stat. 605.)
The word ''civilians'' is substituted for the word ''citizenry''.
The word ''capable'' is omitted as surplusage.
Credit for service as members of Army National Guard or Air National
Guard of members of Army National Guard of United States or Air National
Guard of United States, see sections 3686 and 8686 of Title 10, Armed
Forces.
Inactive duty training, duty (other than full-time duty) under this
section as, see section 101 of Title 38, Veterans' Benefits.
1333, 4313; title 28 section 2671; title 38 sections
101, 1965, 2024.
32 USC 317. Command during joint exercises with Federal troops
TITLE 32 -- NATIONAL GUARD
When any part of the National Guard that is not in Federal service
participates in an encampment, maneuver, or other exercise for
instruction, together with troops in Federal service, the command of the
post, air base, or other place where it is held, and of the troops in
Federal service on duty there, remains with the officers in Federal
service who command that place and the Federal troops on duty there,
without regard to the rank of the officers of the National Guard not in
Federal service who are temporarily participating in the exercise.
(Aug. 10, 1956, ch. 1041, 70A Stat. 605.)
The words ''not in Federal service'' are inserted to show that the
revised section applies only to joint exercises involving National Guard
troops not in Federal service, since 32:72 was enacted before the
establishment of the National Guard of the United States, in 1933. The
words ''troops in Federal service'' are substituted for the words
''troops of the United States''. The words ''officers in Federal
service who command'' are substituted for the words ''commander of the
United States troops''. The words ''post, air base, or other place''
are substituted for the words ''military post, or reservation, or
elsewhere''. The words ''that place and the Federal troops on duty
there'' are substituted for the words ''there or elsewhere'' The words
''including outdoor target practice'' and ''field and coast defense
instruction'' are omitted as surplusage.
32 USC ( 318 to 321. Repealed. Pub. L. 99-661, div. A, title VI, 604(
f)(2)(A), Nov. 14, 1986, 100 Stat. 3878)
TITLE 32 -- NATIONAL GUARD
Section 318, acts Aug. 10, 1956, ch. 1041, 70A Stat. 605; Sept.
2, 1958, Pub. L. 85-861, 33(c)(1), 72 Stat. 1567; Sept. 7, 1962, Pub.
L. 87-649, 8(a), 76 Stat. 495, related to compensation for members of
National Guard for disablement during training.
Section 319, act Aug. 10, 1956, ch. 1041, 70A Stat. 605, related
to compensation for members of National Guard for disablement during
training when not covered by section 318 of this title.
Section 320, act Aug. 10, 1956, ch. 1041, 70A Stat. 606, related
to hospitalization ordered by Secretary of Army or Air Force for members
of National Guard.
Section 321, acts Aug. 10, 1956, ch. 1041, 70A Stat. 606; Sept.
2, 1958, Pub. L. 85-861, 2(10), 72 Stat. 1544; Sept. 7, 1962, Pub.
L. 87-649, 8(b), 76 Stat. 495, related to death gratuities for members
of National Guard.
Repeal applicable with respect to persons who, after Nov. 14, 1986,
incur or aggravate an injury, illness, or disease or die, see section
604(g) of Pub. L. 99-661, set out as an Effective Date of 1986
Amendment note under section 1074a of Title 10, Armed Forces.
32 USC 322. Discharge of enlisted members
TITLE 32 -- NATIONAL GUARD
(a) An enlisted member of the National Guard shall be discharged when
--
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
(b) An enlisted member who is discharged from the National Guard is
entitled to a discharge certificate similar in form and classification
to the corresponding certificate prescribed for members of the Regular
Army or the Regular Air Force, as the case may be.
(c) In time of peace, an enlisted member of the National Guard may be
discharged before his enlistment expires, under such regulations as may
be prescribed by the Secretary of the Army or the Secretary of the Air
Force, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)
Subsection (a) is substituted for 32:154 (last par., less 1st 26, and
last 26, words) to reflect an opinion of the Judge Advocate General of
the Army (JAGA 1953/9033, 3 Dec. 1953).
In subsection (b), the words ''is entitled to a discharge certificate
similar in form and classification to the corresponding certificate''
are substituted for the words ''shall receive a discharge in writing in
such form and with such classification as is or shall be''. The words
''service in'' are omitted as surplusage.
In subsection (c), the words ''his enlistment expires'' are
substituted for the words ''the expiration of terms of enlistment''.
Army and Air Force enlisted members, limitations on discharge, see
section 1169 of Title 10, Armed Forces.
32 USC 323. Withdrawal of Federal recognition
TITLE 32 -- NATIONAL GUARD
(a) Whenever a member of the National Guard ceases to have the
qualifications prescribed under section 301 of this title or ceases to
be a member of a federally recognized unit or organization of the
National Guard, his Federal recognition shall be withdrawn.
(b) Under regulations to be prescribed by the President, the capacity
and general fitness of an officer of the National Guard for continued
Federal recognition may be investigated at any time by an efficiency
board composed of commissioned officers of --
(1) the Regular Army or the Army National Guard of the United States,
or both, who out-rank him and who are detailed by the Secretary of the
Army, if he is a member of the Army National Guard; or
(2) the Regular Air Force or the Air National Guard of the United
States, or both, who outrank him and who are detailed by the Secretary
of the Air Force, if he is a member of the Air National Guard.
If the findings of the board are unfavorable to the officer and are
approved by the President, his Federal recognition shall be withdrawn.
(c) If a member of the Army National Guard of the United States or
the Air National Guard of the United States is transferred to the Army
Reserve or the Air Force Reserve, as the case may be, under section
3259, 3352(a), 8259, or 8352(a) of title 10, his Federal recognition is
withdrawn.
(d) Except as provided in sections 1005 and 1006 of title 10, the
Federal recognition of a second lieutenant of the Army National Guard
who is discharged under section 3820(c) of title 10 for failure of
promotion shall be withdrawn on the date of that discharge.
(e) Except as provided in sections 1005 and 1006 of title 10, the
Federal recognition of a reserve officer of the Air Force who is not
recommended for promotion under section 8368(c)(1) or (2) of title 10,
or who is found to be not qualified for Federal recognition under
section 8368(d) or (e) of title 10, shall be withdrawn.
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 2, 1958, Pub. L.
85-861, 2(11), 33(c)(2), 72 Stat. 1546, 1567.)
In subsection (a) the words ''ceases to have the qualifications
prescribed under section 300 of this title'' are substituted for 32:154
(last 26 words of last par.), since it is implicit that a member who
could not be paid would lose his federally recognized status (see JAGA
1953/9033, 3 Dec. 1953). The last 23 words of subsection (a) are
inserted as a necessary implication of the rule stated in section 309(
c) of this title.
In subsection (b), the words ''or warrant officer'' are omitted,
since section 101(9) of this title defines ''officer'' to include
warrant officers. The word ''detailed'' is substituted for the word
''appointed'', since the filling of the positions involved is not
appointment to an office in the constitutional sense. The word
''commissioned'' is inserted after the words ''composed of'', since the
word ''officer'' alone, in 32:115, referred to a commissioned officer
only (see opinion of the Judge Advocate General of the Army (JAGA 1953/
4078, 6 May 1953)). The words ''who outrank him'' are substituted for
the words ''senior in rank to the officer under investigation''.
In subsection (c), the opening clause is substituted for the words
''such transfer''. The words ''his Federal recognition is withdrawn''
are substituted for the words ''shall terminate his federally recognized
National Guard or Air National Guard status''.
The change (in subsec. (b)(1) and (2)) is necessary to exclude from
the efficiency board commissioned officers of the Army Reserve or Air
Force Reserve, in accordance with the source law, the first sentence of
section 76 of the Act of June 3, 1916, chapter 134 (formerly 32 U.S.C.
115 (1st sentence)).
In subsection (d), the words ''notwithstanding section 115 of title
32'' are omitted as surplusage.
In subsection (e), the words ''if appropriate'' are omitted as
surplusage.
1958 -- Subsec. (b)(1). Pub. L. 85-861, 33(c)(2), substituted ''the
Regular Army or the Army National Guard of the United States, or both''
for ''a regular or reserve component of the Army''.
Subsec. (b)(2). Pub. L. 85-861, 33(c)(2), substituted ''the Regular
Air Force or the Air National Guard of the United States, or both'' for
''a regular or reserve component of the Air Force''.
Subsecs. (d), (e). Pub. L. 85-861, 2(11), added subsecs. (d) and
(e).
Amendment by section 33(c)(2) of Pub. L. 85-861 effective Aug. 10,
1956, see section 33(g) of Pub. L. 85-861, set out as a note under
section 101 of Title 10, Armed Forces.
Suspension of subsecs. (d) and (e) of this section, see section 111
of this title.
title 10 sections 3820, 8368,
8820.
32 USC 324. Discharge of officers; termination of appointment
TITLE 32 -- NATIONAL GUARD
(a) An officer of the National Guard shall be discharged when --
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
The official who would be authorized to appoint him shall give him a
discharge certificate.
(b) Subject to subsection (a), the appointment of an officer of the
National Guard may be terminated or vacated as provided by the laws of
the State or Territory of whose National Guard he is a member, or by the
laws of Puerto Rico or the District of Columbia, if he is a member of
its National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(6), 102 Stat. 2059.)
In subsection (a), the words ''shall be discharged'' are substituted
for the words ''shall thereupon cease to be a member thereof'' since an
official is required to give the officer a discharge certificate. The
words ''becomes 64 years of age'' are substituted for the words ''upon
reaching the age of sixty-four years''. The words ''his Federal
recognition is withdrawn'' are substituted for the words ''When Federal
recognition is withdrawn * * * as provided in section 115 of this
title''.
In subsection (b), the words ''Subject to subsection (a)'' are
inserted for clarity. The words ''as provided by the laws'' are
substituted for the words ''in such manner as * * * shall provide by
law''.
1988 -- Subsec. (b). Pub. L. 100-456 struck out '', the Canal
Zone,'' after ''Puerto Rico''.
Army National Guard of United States and Air National Guard of United
States, discharge of officers, see sections 3820 and 8820 of Title 10,
Armed Forces.
32 USC 325. Relief from National Guard duty when ordered to active duty
TITLE 32 -- NATIONAL GUARD
(a) Each member of the Army National Guard of the United States or
the Air National Guard of the United States who is ordered to active
duty is relieved from duty in the National Guard of his State or
Territory, or of Puerto Rico or the District of Columbia, as the case
may be, from the effective date of his order to active duty until he is
relieved from that duty.
(b) So far as practicable, members, organizations, and units of the
Army National Guard of the United States or the Air National Guard of
the United States ordered to active duty shall be returned to their
National Guard status upon relief from that duty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(6), 102 Stat. 2059.)
In subsection (a), the words ''in the service of the United States''
are omitted as surplusage. The words ''effective date of his order to
active duty until he is relieved from that duty'' are substituted for
the words ''active-duty date of the orders and for as long as they
remain on active duty in the service of the United States''. 50:1120
(last sentence) is omitted as surplusage, since the persons involved are
members of the Army or the Air Force.
In subsection (b), the words ''upon relief from that duty'' are
substituted for the words ''upon being relieved from active duty''. The
words ''their National Guard status'' are substituted for the words ''to
the National Guard and Air National Guard in their respective States,
Territories, and the District of Columbia''.
1988 -- Subsec. (a). Pub. L. 100-456 struck out '', the Canal
Zone,'' after ''Puerto Rico''.
Active duty, see sections 672, 3495, and 8495 of Title 10, Armed
Forces.
Return of arms and equipment upon relief from Federal service, see
section 706 of this title.
32 USC 326. Courts-martial of National Guard not in Federal service:
composition, jurisdiction, and procedures
TITLE 32 -- NATIONAL GUARD
In the National Guard not in Federal service, there are general,
special, and summary courts-martial constituted like similar courts of
the Army and the Air Force. They have the jurisdiction and powers,
except as to punishments, and shall follow the forms and procedures,
provided for those courts.
(Aug. 10, 1956, ch. 1041, 70A Stat. 608.)
The words ''not in Federal service'' are substituted for the words
''Except in organizations in the service of the United States''. The
words ''have the jurisdiction and powers'' are substituted for the words
''and have cognizance of the same subjects, and possess like powers''.
The words ''of three kinds, namely'', ''provided for by the laws and
regulations governing'', ''proceedings of courts-martial of the National
Guard'', and ''modes of'' are omitted as surplusage.
Uniform Code of Military Justice --
Generally, see section 801 et seq. of Title 10, Armed Forces.
Composition of courts-martial, see sections 825 to 829 of Title 10.
Court-martial jurisdiction, see sections 816 to 820 of Title 10.
Pre-trial procedure, see sections 830 to 835 of Title 10.
Review of courts-martial, see sections 859 to 876a of Title 10.
Trial procedure, see sections 836 to 854 of Title 10.
32 USC 327. General courts-martial of National Guard not in Federal
service
TITLE 32 -- NATIONAL GUARD
(a) In the National Guard not in Federal service, general
courts-martial may be convened by the President or by the governor of a
State or Territory or Puerto Rico or by the commanding general of the
National Guard of the District of Columbia.
(b) A general court-martial may sentence to --
(1) a fine of not more than $200;
(2) forfeiture of pay and allowances;
(3) a reprimand;
(4) dismissal or dishonorable discharge;
(5) reduction of a noncommissioned officer to the ranks; or
(6) any combination of these punishments.
(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(4), 102 Stat. 2059.)
In subsection (a), the words ''Federal service'' are substituted for
the words ''service of the United States''.
In subsection (b), the words ''A general court-martial may sentence
to -- '' are substituted for the words ''and such courts shall have the
power to impose * * * to sentence''. The words ''any combination of
these punishments'' are substituted for the words ''or any two or more
of such punishments may be combined in the sentences imposed by such
courts''.
1988 -- Subsec. (a). Pub. L. 100-456 substituted ''Territory or
Puerto Rico'' for ''Territory, Puerto Rico, or the Canal Zone,''.
Uniform Code of Military Justice --
Generally, see section 801 et seq. of Title 10, Armed Forces.
Convening general courts-martial, see section 822 of Title 10.
Jurisdiction of general courts-martial, see section 818 of Title 10.
Sentences, generally, see sections 855 to 858a of Title 10.
32 USC 328. Special courts-martial of National Guard not in Federal
service
TITLE 32 -- NATIONAL GUARD
(a) In the National Guard not in Federal service, the commanding
officer of a garrison, fort, post, camp, air base, auxiliary air base,
or other place where troops are on duty, or of a brigade, regiment,
wing, group, detached battalion, separate squadron, or other detached
command, may convene special courts-martial. Special courts-martial may
also be convened by superior authority.
(b) A special court-martial may not try a commissioned officer.
(c) A special court-martial has the same powers of punishment as a
general court-martial, except that a fine imposed by a special
court-martial may not be more than $100 for a single offense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 608.)
In subsection (a), the words ''Federal service'' are substituted for
the words ''service of the United States''. The words ''where troops
are on duty'' are inserted for clarity. The words ''for his command''
are omitted, since they cast doubt on the right of a court-martial to
try others than members of the command of the appointing authority. The
words ''air base, auxiliary air base'', ''wing, group'', and ''detached
squadron'' are inserted to clarify the applicability of the revised
section to Air Force organizations. The words ''convene'' and
''convened'' are substituted for the words ''appoint'' and ''appointed''
to conform to 32:92 and similar provisions of section 823 of title 10
(article 23 of the Uniform Code of Military Justice). The words ''when
by the latter deemed advisable'' are omitted as surplusage.
In subsection (b), the positive authority of a special court-martial
to try any person subject to military law is omitted as covered by
section 326 of this title.
In subsection (c), the words ''for a single offense'' are inserted
for clarity.
Uniform Code of Military Justice --
Generally, see section 801 et seq. of Title 10, Armed Forces.
Convening special courts-martial, see section 823 of Title 10.
Jurisdiction of special courts-martial, see section 819 of Title 10.
Sentences, generally, see sections 855 to 858a of Title 10.
32 USC 329. Summary courts-martial of National Guard not in Federal
service
TITLE 32 -- NATIONAL GUARD
(a) In the National Guard not in Federal service, the commanding
officer of a garrison, fort, post, camp, air base, auxiliary air base,
or other place where troops are on duty, or of a regiment, wing, group,
detached battalion, detached squadron, detached company, or other
detachment, may convene a summary court-martial consisting of one
commissioned officer. The proceedings shall be informal.
(b) A summary court-martial may sentence to a fine of not more than
$25 for a single offense, to forfeiture of pay and allowances, and to
reduction of a noncommissioned officer to the ranks.
(Aug. 10, 1956, ch. 1041, 70A Stat. 608.)
In subsection (a), the words ''Federal service'' are substituted for
the words ''service of the United States'' The words ''where troops are
on duty'' and ''commissioned'' are inserted for clarity. The words ''air
base, auxiliary air base'', ''wing, group'', and ''detached squadron''
are inserted to clarify the applicability of the revised section to Air
Force organizations. The word ''convene'' is substituted for the word
''appoint'' to conform to 32:92 and similar provisions of section 824 of
title 10 (article 24 of the Uniform Code of Military Justice). The word
''corps'', referring to those corps covered by 32:192 and 193, is
omitted as covered by the words ''other detachment''. The words ''who
shall have power to administer oaths and to try the enlisted men of such
place or command for breaches of discipline and violations of laws
governing such organizations'' are omitted as covered by section 326 of
this title.
In subsection (b), the words ''and the minutes thereof shall be the
same as prescribed for summary courts of the Army of the United States''
are omitted as covered by section 326 of this title.
Uniform Code of Military Justice --
Generally, see section 801 et seq. of Title 10, Armed Forces.
Convening summary courts-martial, see section 824 of Title 10.
Jurisdiction of summary courts-martial, see section 820 of Title 10.
Sentences, generally, see sections 855 to 858a of Title 10.
32 USC 330. Confinement instead of fine
TITLE 32 -- NATIONAL GUARD
In the National Guard not in Federal service, a court-martial may,
instead of imposing a fine, sentence to confinement for not more than
one day for each dollar of the authorized fine.
(Aug. 10, 1956, ch. 1041, 70A Stat. 609.)
The words ''Federal service'' are substituted for the words ''service
of the United States''. The words ''including summary courts'' and
''authorized to be imposed'' are omitted as surplusage. The words ''may
sentence * * * to confinement not more than'' are substituted for the
words ''shall have power to sentence to confinement * * * Provided, That
such sentences of confinement shall not exceed''.
32 USC 331. Dismissal or dishonorable discharge
TITLE 32 -- NATIONAL GUARD
In the National Guard not in Federal service, no sentence of
dismissal or dishonorable discharge may be executed until it is approved
by the Governor of the State or territory or Puerto Rico, whichever is
concerned, or, in the case of the National Guard of the District of
Columbia, by its commanding general.
(Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(3), 102 Stat. 2059.)
The words ''Federal service'' are substituted for the words ''service
of the United States''. The words ''from the service'' and ''imposed by
a * * * court-martial'' are omitted as surplusage.
1988 -- Pub. L. 100-456 substituted ''the Governor of the State or
territory or Puerto Rico,'' for ''the governor of the State or
Territory, Puerto Rico, or the Canal Zone,''.
32 USC 332. Compelling attendance of accused and witnesses
TITLE 32 -- NATIONAL GUARD
In the National Guard not in Federal service, the president of a
court-martial or a summary court officer may --
(1) issue a warrant for the arrest of any accused person who, having
been served with a warrant and a copy of the charges, disobeys a written
order by the convening authority to appear before the court;
(2) issue subpenas duces tecum and other subpenas;
(3) enforce by attachment the attendance or witnesses and the
production of books and papers; and
(4) sentence for refusal to be sworn or to answer, as provided in
actions before civil courts.
(Aug. 10, 1956, ch. 1041, 70A Stat. 609.)
The words ''Federal service'' are substituted for the words ''service
of the United States''. The word ''may'' is substituted for the words
''shall have power''. The words ''for the arrest of any accused person
who, having been served with a warrant and a copy of the charges,
disobeys a written order'' are substituted for the words ''to arrest
accused persons and to bring them before the court for trial whenever
such persons shall have disobeyed an order in writing * * * a copy of
the charge or charges having been delivered to the accused with such
order''.
Apprehension and restraint of persons subject to Uniform Code of
Military Justice, see sections 807 to 814 of Title 10, Armed Forces.
32 USC 333. Execution of process and sentence
TITLE 32 -- NATIONAL GUARD
In the National Guard not in Federal service, the processes and
sentences of its courts-martial shall be executed by the civil officers
prescribed by the laws of the States concerned. In a State where no
provision is made for executing those processes and sentences, and in
the Territories, Puerto Rico, and the District of Columbia, the process
or sentence shall be executed by a United States marshal or deputy
marshal, who shall make a return to the military officer issuing the
process or the court imposing the sentence.
(Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
The words ''In the National Guard not in Federal service * * * its
courts-martial'' are substituted for the words ''said courts''. The
words ''executing those processes and sentences'' are substituted for
the words ''such action''. The words ''deputy marshal'' are substituted
for the words ''his duly appointed deputy''. The words ''and it shall
be the duty of any United States marshal to execute all such processes
and sentences'' are omitted as surplusage.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
Apprehension and restraint of persons subject to Uniform Code of
Military Justice, see sections 807 to 814 of Title 10, Armed Forces.
32 USC ( 334. Repealed. Pub. L. 97-124, 3, Dec. 29, 1981, 95 Stat.
1666)
TITLE 32 -- NATIONAL GUARD
Section, added Pub. L. 94-464, 2(b), Oct. 8, 1976, 90 Stat. 1986,
and amended Pub. L. 96-513, title V, 515(3), Dec. 12, 1980, 94 Stat.
2937, provided for the payment of malpractice liability of National
Guard Medical personnel. See sections 1089(a) of Title 10, Armed
Forces, and 2671 of Title 28, Judiciary and Judicial Procedure.
Pub. L. 97-258, 3(h)(1), Sept. 13, 1982, 96 Stat. 1065, purported
to substitute ''section 1304 of title 31'' for ''section 1302 of the Act
of July 27, 1956, (31 U.S.C. 724a)'' in subsec. (a) of section 334 of
this title, without reference to the earlier repeal of that section by
Pub. L. 97-124, 3, Dec. 29, 1981, 95 Stat. 1666.
Repeal effective only with respect to claims arising on or after Dec.
29, 1981, see section 4 of Pub. L. 97-124, set out as an Effective
Date of 1981 Amendment note under section 1089 of Title 10, Armed
Forces.
32 USC ( 335. Repealed. Pub. L. 98-525, title IV, 414(b)(2)(A), Oct.
19, 1984, 98 Stat. 2519)
TITLE 32 -- NATIONAL GUARD
Section, added Pub. L. 98-94, title V, 504(b)(1), Sept. 24, 1983,
97 Stat. 632, related to status of certain members of the National
Guard performing full-time duty.
32 USC CHAPTER 5 -- TRAINING
TITLE 32 -- NATIONAL GUARD
Sec.
501. Training generally.
502. Required drills and field exercises.
503. Participation in field exercises.
504. National Guard schools and small arms competitions.
505. Army and Air Force schools and field exercises.
506. Assignment and detail of members of Regular Army or Regular Air
Force for instruction of National Guard.
507. Instruction in firing; supply of ammunition.
32 USC 501. Training generally
TITLE 32 -- NATIONAL GUARD
(a) The discipline, including training, of the Army National Guard
shall conform to that of the Army. The discipline, including training,
of the Air National Guard shall conform to that of the Air Force.
(b) The training of the National Guard shall be conducted by the
several States and Territories, Puerto Rico, and the District of
Columbia in conformity with this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 609; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
In subsection (a), the words ''that of'' are substituted for the
words ''the system which is or may be prescribed for''. The word
''Army'' is substituted for the words ''Regular Army'', since the Army
is the category for which the discipline and training is prescribed and
the Regular Army is a personnel category for which no discipline and
training is prescribed. Similarly, the words ''Air Force'' are used
instead of the words ''Regular Air Force''.
1988 -- Subsec. (b). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
Army and Air Force training generally, see section 4301 et seq. and
9301 et seq. of Title 10, Armed Forces.
32 USC 502. Required drills and field exercises
TITLE 32 -- NATIONAL GUARD
(a) Under regulations to be prescribed by the Secretary of the Army
or the Secretary of the Air Force, as the case may be, each company,
battery, squadron, and detachment of the National Guard, unless excused
by the Secretary concerned, shall --
(1) assemble for drill and instruction, including indoor target
practice, at least 48 times each year; and
(2) participate in training at encampments, maneuvers, outdoor target
practice, or other exercises, at least 15 days each year.
However, no member of such unit who has served on active duty for one
year or longer shall be required to participate in such training if the
first day of such training period falls during the last one hundred and
twenty days of his required membership in the National Guard.
(b) An assembly for drill and instruction may consist of a single
ordered formation of a company, battery, squadron, or detachment, or,
when authorized by the Secretary concerned, a series of ordered
formations of parts of those organizations. However, to have a series
of formations credited as an assembly for drill and instruction, all
parts of the unit must be included in the series within 30 consecutive
days.
(c) The total attendance at the series of formations constituting an
assembly shall be counted as the attendance at that assembly for the
required period. No member may be counted more than once or receive
credit for more than one required period of attendance, regardless of
the number of formations that he attends during the series constituting
the assembly for the required period.
(d) No organization may receive credit for an assembly for drill or
indoor target practice unless --
(1) the number of members present equals or exceeds the minimum
number prescribed by the President;
(2) the period of military duty or instruction for which a member is
credited is at least one and one-half hours; and
(3) the training is of the type prescribed by the Secretary
concerned.
(e) An appropriately rated member of the National Guard who performs
an aerial flight under competent orders may receive credit for attending
drill for the purposes of this section, if the flight prevented him from
attending a regularly scheduled drill.
(f) Under regulations to be prescribed by the Secretary of the Army
or Secretary of the Air Force, as the case may be, a member of the
National Guard may --
(1) without his consent, but with the pay and allowances provided by
law; or
(2) with his consent, either with or without pay and allowances;
be ordered to perform training or other duty in addition to that
prescribed under subsection (a). Duty without pay shall be considered
for all purposes as if it were duty with pay.
(Aug. 10, 1956, ch. 1041, 70A Stat. 610; Oct. 3, 1964, Pub. L.
88-621, 1(1), 78 Stat. 999; Dec. 1, 1967, Pub. L. 90-168, 4, 81 Stat.
526; Nov. 17, 1971, Pub. L. 92-156, title III, 303(b), 85 Stat. 425.)
In subsection (a), the words ''including target practice'' and ''such
company, troop, battery, or detachment shall have been * * * from
participation in any part thereof'' are omitted as surplusage.
In subsections (a) and (b), the word ''troop'' is omitted as
obsolete.
In subsection (b), the words ''parts of those organizations'' are
substituted for the words ''subdivisions or parts thereof''. The words
''but in the latter case'', ''of subdivisions or groups'',
''comprehend'', and ''the time limit of'' are omitted as surplusage.
In subsection (c), the word ''member'' is substituted for the words
''officer, warrant officer, or enlisted man''. The words ''series of
formations'' are substituted for the words ''separate consecutive
formations announced''. The words ''regardless of the number of
formations that he attends during the series'' are substituted for the
words ''even though he may have attended more than one of the
formations''. The words ''sum'', ''actual military'', and ''of time''
are omitted as surplusage. 32:62 (4th proviso of last sentence) is
omitted as superseded by section 683 of title 10. 32:62 (last proviso
of last sentence) is omitted as superseded by section 501(b) of the
Career Compensation Act of 1949, 63 Stat. 826 (37 U.S.C. 301(b)).
In subsection (d), the word ''members'' is substituted for the words
''officers and enlisted men''. The words ''for which a member is
credited'' are substituted for the words ''participated in by each
officer and enlisted man at each assembly at which he shall be credited
as having been present''. The words ''for duty at such assembly'',
''actual'', and ''character of'' are omitted as surplusage.
In subsection (e), the word ''member'' is substituted for the words
''officer or enlisted man''. The words ''Air Corps * * * assigned to an
Air Corps unit thereof, or * * * an officer or enlisted man of the
Medical Department of the said National Guard regularly attached to an
Air Corps unit of the National Guard by appropriate authority'' are
omitted, since the revised subsection applies only to members who
perform flights under competent orders and who are thereby prevented
from attending a regular drill.
1971 -- Subsec. (a). Pub. L. 92-156 inserted exception to training
requirements where member served on active duty for one year or more if
the training period falls during last one hundred and twenty days of
required membership in National Guard.
1967 -- Subsec. (b). Pub. L. 90-168 substituted 30 consecutive days
for seven consecutive days of the same calendar month as the time within
which all parts of the unit must be included in a series of formations
in order to be credited as an assembly for drill and instruction.
1964 -- Subsec. (f). Pub. L. 88-621 added subsec. (f).
Amendment by Pub. L. 90-168 effective first day of first calendar
month following date of enactment of Pub. L. 90-168, which was approved
Dec. 1, 1967, see section 7 of Pub. L. 90-168, set out as a note under
section 136 of Title 10, Armed Forces.
Appropriations for pay, disbursement and accounting, see section 1012
of Title 37, Pay and Allowances of the Uniformed Services.
Credit for service as members of Army National Guard or Air National
Guard of members of Army National Guard of United States or Air National
Guard of United States, see sections 3686 and 8686 of Title 10, Armed
Forces.
Inactive duty training, duty (other than full-time duty) under this
section as, see section 101 of Title 38, Veterans' Benefits.
Pay grades of National Guard personnel on active duty, see section
204 of Title 37, Pay and Allowances of the Uniformed Services.
Training duty compensation of members of National Guard, see section
206 of Title 37.
10 sections 101, 268, 517, 524, 701, 1054, 1089, 1208,
1332, 1333; title 28 section 2671; title 38 sections
101, 1965, 2024; title 50 App. section 456.
32 USC 503. Participation in field exercises
TITLE 32 -- NATIONAL GUARD
(a) Under such regulations as the President may prescribe, the
Secretary of the Army and the Secretary of the Air Force, as the case
may be, may provide for the participation of the National Guard in
encampments, maneuvers, outdoor target practice, or other exercises for
field or coast-defense instruction, independently of or in conjunction
with the Army or the Air Force, or both.
(b) Amounts necessary for the pay, subsistence, transportation, and
other proper expenses of any part of the National Guard of a State or
Territory, Puerto Rico, or the District of Columbia participating in an
exercise under subsection (a) may be set aside from funds allocated to
it from appropriations for field or coast-defense instruction.
(c) Members of the National Guard participating in an exercise under
subsection (a) may, after being mustered, be paid for the period
beginning with the date of leaving home and ending with the date of
return, as determined in advance. If otherwise correct, such a payment
passes to the credit of the disbursing officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 610; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
In subsection (a), the words ''the whole or any part'' and ''any part
of'' are omitted as surplusage. The word ''Army'' is substituted for
the words ''Regular Army'', since the Army is the category that
participates in the exercises, and the Regular Army is a personnel
category only. Similarly, the words ''Air Force'' are used instead of
the words ''Regular Air Force''.
In subsection (b), the words ''Amounts necessary'' are substituted
for the words ''such portion of said funds as may be necessary''. The
words ''participating in an exercise under subsection (a)'' are
substituted for the words ''as shall participate in such encampments,
maneuvers, or other exercises, including outdoor target practice, for
field and coast-defense instruction''. The words ''allocated to it from
appropriations for field or coast-defense instruction'' are substituted
for the words ''appropriated for that purpose and allocated to any
State, Territory, or the District of Columbia''.
In subsection (c), the words ''Members of the National Guard
participating in an exercise under subsection (a)'' are substituted for
the words ''When any portion of the National Guard shall participate in
encampments, maneuvers, or other exercises, including outdoor target
practice, for field or coast-defense instruction, under the provisions
of this title''. The words ''duly'', ''at any time'', ''rendezvous'',
''both dates inclusive'', and ''making the same'' are omitted as
surplusage.
1988 -- Subsec. (b). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
Credit for service as members of Army National Guard or Air National
Guard of members of Army National Guard of United States or Air National
Guard of United States, see sections 3686 and 8686 of Title 10, Armed
Forces.
Inactive duty training, duty (other than full-time duty) under this
section as, see section 101 of Title 38, Veterans' Benefits.
Pay grades of National Guard personnel on active duty, see section
204 of Title 37, Pay and Allowances of the Uniformed Services.
sections 101, 524, 701, 1054, 1089, 1208, 1332, 1333;
title 28 section 2671; title 38 sections 101, 1965,
2024.
32 USC 504. National Guard schools and small arms competitions
TITLE 32 -- NATIONAL GUARD
(a) Under regulations to be prescribed by the Secretary of the Army
or Secretary of the Air Force, as the case may be, members of the
National Guard may --
(1) attend schools conducted by the Army or the Air Force, as
appropriate;
(2) conduct or attend schools conducted by the National Guard; or
(3) participate in small arms competitions.
(b) Activities authorized under subsection (a) for members of the
National Guard of a State or territory, Puerto Rico, or the District of
Columbia may be held inside or outside its boundaries.
(Aug. 10, 1956, ch. 1041, 70A Stat. 611; Oct. 3, 1964, Pub. L.
88-621, 1(2), 78 Stat. 999; Sept. 29, 1988, Pub. L. 100-456, div. A,
title XII, 1234(b)(1), 102 Stat. 2059.)
In subsection (a), the word ''members'' is substituted for the words
''officers, warrant officers, and enlisted men''. The words ''for the
purpose'' and ''for that purpose'' are omitted as surplusage.
In subsection (b), the words ''Assemblies under subsection (a)'' are
substituted for the words ''such assemblages''. The words ''for members
of the National Guard of a State or Territory, Puerto Rico, the Canal
Zone, or the District of Columbia * * * inside or outside of its
boundaries'' are substituted for the words ''either within or without
the State, Territory, or District of Columbia, to which the members of
the National Guard designated to attend them shall belong''.
1988 -- Subsec. (b). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1964 -- Pub. L. 88-621 substituted provisions authorizing the
Secretaries of the Army and of the Air Force to issue regulations, for
provisions authorizing the President to issue regulations, and provided
that members of the National Guard may conduct or attend schools
conducted by the National Guard.
Credit for service as members of Army National Guard or Air National
Guard of members of Army National Guard of United States or Air National
Guard of United States, see sections 3686 and 8686 of Title 10, Armed
Forces.
Inactive duty training, duty (other than full-time duty) under this
section as, see section 101 of Title 38, Veterans' Benefits.
Pay grades of National Guard personnel on active duty, see section
204 of Title 37, Pay and Allowances of the Uniformed Services.
sections 101, 701, 1054, 1089, 1208, 1332, 1333;
title 28 section 2671; title 38 sections 101, 1965,
2024.
32 USC 505. Army and Air Force schools and field exercises
TITLE 32 -- NATIONAL GUARD
Under such regulations as the President may prescribe and upon the
recommendation of the governor of any State or Territory or Puerto Rico
or of the commanding general of the National Guard of the District of
Columbia, the Secretary of the Army may authorize a limited number of
members of its Army National Guard to --
(1) attend any service school except the United States Military
Academy, and to pursue a regular course of study at the school; or
(2) be attached to an organization of the branch of the Army
corresponding to the organization of the Army National Guard to which
the member belongs, for routine practical instruction at or near an Army
post during field training or other outdoor exercise.
Similarly, the Secretary of the Air Force may authorize a limited
number of members of the Air National Guard to --
(1) attend any service school except the United States Air Force
Academy, and to pursue a regular course of study at the school; or
(2) be attached to an organization of the Air Force corresponding to
the organization of the Air National Guard to which the member belongs,
for routine practical instruction at an air base during field training
or other outdoor exercise.
(Aug. 10, 1956, ch. 1041, 70A Stat. 611; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(4), 102 Stat. 2059.)
The words ''branch of the Army corresponding'' are substituted for
the words ''same arm, corps, or department'', to conform to sections
3063 and 3064 of title 10. In the second sentence, the words
''organization of the Air Force corresponding'' are substituted for the
words ''same arm, corps, or department'', since the Air Force is not
organized by statute into branches, arms, corps, or departments. The
word ''members'' is substituted for the words ''officers, warrant
officers, and enlisted men''. The words ''service school'' are
substituted for the words ''military-service school of the United
States''. Reference to the United States Air Force Academy is inserted
to reflect its establishment by the Air Force Academy Act (63 Stat.
47).
1988 -- Pub. L. 100-456, which directed the substitution of
''Territory or Puerto Rico'' for ''Territory, Puerto Rico, or the Canal
Zone,'' in subsec. (a), was executed to the introductory provisions of
this section as the probable intent of Congress.
Credit for service as member of Army National Guard or Air National
Guard of members of Army National Guard of United States or Air National
Guard of United States, see sections 3686 and 8686 of Title 10, Armed
Forces.
Inactive duty training, duty (other than full-time duty) under this
section as, see section 101 of Title 38, Veterans' Benefits.
Pay grades of National Guard personnel on active duty, see section
204 of Title 37, Pay and Allowances of the Uniformed Services.
sections 101, 701, 1054, 1089, 1208, 1332, 1333, 8616;
title 28 section 2671; title 38
sections 101, 1965,
2024.
32 USC 506. Assignment and detail of members of Regular Army or Regular
Air Force for instruction of National Guard
TITLE 32 -- NATIONAL GUARD
(a) The President shall assign for instruction of the National Guard
such members of the Regular Army or the Regular Air Force as he
considers necessary.
(b) The Secretary of the Army may detail members of the Regular Army
to attend an encampment, maneuver, or other exercise, for field or
coast-defense instruction of the Army National Guard. Similarly, the
Secretary of the Air Force may detail members of the Regular Air Force
to attend exercises for field or coast-defense instruction of the Air
National Guard. Members so detailed shall instruct the members of the
National Guard at the exercise, as directed by the Secretary concerned,
or as requested by the governor or commanding officer of the National
Guard there assembled.
(Aug. 10, 1956, ch. 1041, 70A Stat. 611.)
In subsection (a), the words ''members of the Regular Army and the
Regular Air Force'' are substituted for the words ''officers of the
Regular Army'' and ''enlisted men of the Regular Army''.
In subsection (b), the words ''members'' is substituted for the words
''officers and enlisted men''. The words ''one or more'',
''information'', and ''encampment, maneuver, or other'' are omitted as
surplusage.
Pay grades of National Guard personnel on active duty, see section
204 of Title 37, Pay and Allowances of the Uniformed Services.
32 USC 507. Instruction in firing; supply of ammunition
TITLE 32 -- NATIONAL GUARD
Ammunition for instruction in firing and for target practice may be
furnished, in such amounts as may be prescribed by the Secretary of the
Army or the Secretary of the Air Force, as the case may be, to units of
the National Guard encamped at a post, camp, or air base. The
instruction shall be under the direction of a commissioned officer
selected for that purpose by the proper military commander.
(Aug. 10, 1956, ch. 1041, 70A Stat. 612.)
The words ''post camp, or air base'' are substituted for the words
''military post or camp''. The words ''such amounts'' are omitted as
surplusage. The words ''National Guard'' are substituted for the words
''troops of the militia'', since the source statute historically applied
only to the organized militia (see opinion of the Judge Advocate General
of the Army (JAGA 1952/4374, 9 July 1952)). The word ''commissioned''
is inserted, since 32:71 historically applied only to commissioned
officers (see opinion of the Judge Advocate General of the Army (JAGA
1953/4078, 6 May 1953)).
32 USC CHAPTER 7 -- SERVICE, SUPPLY, AND PROCUREMENT
TITLE 32 -- NATIONAL GUARD
Sec.
701. Uniforms, arms, and equipment to be same as Army or Air Force.
702. Issue of supplies.
703. Purchases of supplies by States from Army or Air Force.
704. Accountability: relief from upon order to active duty.
705. Purchase of uniforms and equipment by officers of National
Guard from Army or Air Force.
706. Return of arms and equipment upon relief from Federal service.
707. Use of public buildings for offices by instructors.
708. Property and fiscal officers.
709. Technicians: employment, use, status.
710. Accountability for property issued to the National Guard.
711. Disposition of obsolete or condemned property.
712. Disposition of proceeds of condemned stores issued to National
Guard.
713. Official mail: free transmission.
714. Final settlement of accounts: deceased members.
715. Property loss; personal injury or death: activities under
certain sections of this title.
716. Claims for overpayment of pay and allowances, and travel and
transportation allowances.
1985 -- Pub. L. 99-224, 3(b), Dec. 28, 1985, 99 Stat. 1742,
substituted ''and travel'' for ''other than travel'' in item 716.
1980 -- Pub. L. 96-328, 1(b)(2), Aug. 8, 1980, 94 Stat. 1027,
substituted ''Accountability for property issued to the National Guard''
for ''Reports of survey'' in item 710.
1972 -- Pub. L. 92-453, 2(2), Oct. 2, 1972, 86 Stat. 759, added
item 716.
1968 -- Pub. L. 90-486, 2(2), Aug. 13, 1968, 82 Stat. 756,
substituted ''Technicians: employment, use status'' for ''Caretakers
and clerks'' in item 709.
1960 -- Pub. L. 86-740, 1(2), Sept. 13, 1960, 74 Stat. 879, added
item 715.
1958 -- Pub. L. 85-861, 2(13), Sept. 2, 1958, 72 Stat. 1546, added
item 714.
Fraud, purchase or receipt of National Guard property, see section
1024 of Title 18, Crimes and Criminal Procedure.
General military law, Army and Air Force provisions, see sections
2202 et seq., 4501 et seq., and 9501 et seq. of Title 10, Armed Forces.
32 USC 701. Uniforms, arms, and equipment to be same as Army or Air
Force
TITLE 32 -- NATIONAL GUARD
So far as practicable, the same types of uniforms, arms, and
equipment as are issued to the Army shall be issued to the Army National
Guard, and the same types of uniforms, arms, and equipment as are issued
to the Air Force shall be issued to the Air National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 612.)
The words ''shall be issued'' are substituted for the words ''shall *
* * be uniformed, armed, and equipped with''. The words ''as are
issued'' are substituted for the words ''as are or shall be provided''.
The word ''Army'' is substituted for the words ''Regular Army'', since
the Army is the category to which uniforms, arms, and equipment are
issued, and the Regular Army is a personnel category only. Similarly,
the words ''Air Force'' are used instead of the words ''Regular Air
Force''.
Clothing for members of Army and Air Force, see sections 4562 and
9562 of Title 10, Armed Forces.
32 USC 702. Issue of supplies
TITLE 32 -- NATIONAL GUARD
(a) Under such regulations as the President may prescribe, the
Secretary of the Army and the Secretary of the Air Force may buy or
manufacture and, upon requisition of the governor of any State or
Territory or Puerto Rico or the commanding general of the National Guard
of the District of Columbia, issue to its Army National Guard and Air
National Guard, respectively, the supplies necessary to uniform, arm,
and equip that Army National Guard or Air National Guard for field duty.
(b) Whenever the Secretary concerned is satisfied that the Army
National Guard or the Air National Guard, as the case may be, of any
State or Territory, Puerto Rico, or the District of Columbia is properly
organized, armed, and equipped for field duty, funds allotted to that
jurisdiction for its Army National Guard or Air National Guard may be
used to buy any article issued by the Army or the Air Force, as the case
may be.
(c) Under such regulations as the President may prescribe, the issue
of new types of equipment, small arms, or field guns to the National
Guard of any State or Territory, Puerto Rico, or the District of
Columbia shall be without charge against appropriations for the National
Guard.
(d) No property may be issued to the National Guard of a State or
Territory, Puerto Rico, or the District of Columbia, unless that
jurisdiction makes provision, satisfactory to the Secretary concerned,
for its protection and care.
(Aug. 10, 1956, ch. 1041, 70A Stat. 612; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), (4), 102 Stat. 2059.)
In subsection (a), the word ''supplies'' is substituted for the
detailed description of stores, material, and equipment, since under
section 101(12) of this title, ''supplies'' includes stores, material,
and equipment. The words ''may buy or manufacture'' are substituted for
the words ''is authorized to procure * * * by purchase or manufacture''.
The words ''within the limits of available appropriations made by
Congress'' and ''from time to time'' are omitted as surplusage.
In subsection (b), the words ''the Secretary concerned is satisfied''
are substituted for the words ''it shall be shown to the satisfaction of
the Secretary of the Army''. The words ''buy any article issued by the
Army or the Air Force'' are substituted for the words ''purchase, from
the Department of the Army, of any article issued by any of the supply
departments of the Army''.
In subsection (c), the words ''the issue of'' are substituted for the
words ''whenever * * * shall have been issued * * * shall be
furnished''. The words ''shall be without charge'' are substituted for
the words ''without charging the cost or value thereof or any expense
connected therewith''. The words ''provided for the support'' are
omitted as surplusage.
In subsection (d), the words ''No property may be issued to * * *
unless that jurisdiction'' are substituted for the words ''Provided,
That as a condition precedent to the issue of any property as provided
for by this title'' and ''desiring such issue''.
1988 -- Subsec. (a). Pub. L. 100-456, 1234(b)(4), substituted
''Territory or Puerto Rico'' for ''Territory, Puerto Rico, or the Canal
Zone,''.
Subsecs. (b) to (d). Pub. L. 100-456, 1234(b)(1), struck out ''the
Canal Zone,'' after ''Puerto Rico,''.
Reserve components, issue of supplies, services, and facilities to,
see section 2521 of Title 10, Armed Forces.
32 USC 703. Purchases of supplies by States from Army or Air Force
TITLE 32 -- NATIONAL GUARD
(a) Subject to the approval of the Secretary of the Army, any State
or Territory, Puerto Rico, or the District of Columbia may buy from the
Department of the Army, for its National Guard or the officers thereof,
supplies and military publications furnished to the Army, in addition to
other supplies issued to its Army National Guard. On the same basis, it
may buy similar property from the Department of the Air Force. A
purchase under this subsection shall be for cash, at cost plus
transportation.
(b) In time of actual or threatened war, the United States may
requisition for military use any property bought under subsection (a).
Credit for the return in kind of property so requisitioned shall be
given to the State or Territory, Puerto Rico, or the District of
Columbia from which it is received.
(c) Proceeds of sales by the Department of the Army and the
Department of the Air Force under this section shall be credited to the
appropriations from which the property was purchased, shall not be
covered into the Treasury, and may be used to replace property sold
under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
In subsection (a), the words ''stores * * * materiel'' are omitted as
covered by the word ''supplies''. The words ''other supplies issued''
are substituted for the words ''those issued under the provisions of
this title''. The words ''at cost plus transportation'' are substituted
for the words ''at the price at which they shall be listed to the Army,
with cost of transportation added''.
In subsection (b), 32:39a (less last 23 words) is omitted as obsolete
and superseded by 32:39 (proviso of last sentence). The Act of June 23,
1910, ch. 370 (less proviso), not contained in 32:39a, is omitted from
the revised section as executed. The words ''bought under subsection
(a)'' are substituted for the words ''so purchased''. The words ''for
military use'' are substituted for the words ''for use in the military
service thereof''. The words ''and when so requisitioned by the United
States and delivered'' and ''ultimate'' are omitted as surplusage.
In subsection (c), the words ''Proceeds of sales by the Department of
the Army and the Department of the Air Force under this section'' are
substituted for the words ''The funds received from such sale''. The
words ''from which the property was purchased'' are substituted for the
words ''to which they shall belong''. The words ''may be used to
replace property sold under this section'' are substituted for the words
''shall be available until expended to replace therewith the supplies
sold to the States in the manner herein authorized''.
1988 -- Subsecs. (a), (b). Pub. L. 100-456 struck out ''the Canal
Zone,'' after ''Puerto Rico,''.
32 USC 704. Accountability: relief from upon order to active duty
TITLE 32 -- NATIONAL GUARD
Upon ordering any part of the Army National Guard of the United
States or the Air National Guard of the United States to active duty,
the President may, upon such terms as he may prescribe, relieve the
State or Territory, Puerto Rico, or the District of Columbia, whichever
is concerned, of accountability for property of the United States
previously issued to it for the use of that part.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
The words ''to active duty'' are substituted for the words ''into the
active military service of the United States''. The word ''conditions''
is omitted as covered by the word ''terms''. The word ''previously'' is
substituted for the word ''theretofore''. The word ''liability'' is
omitted as covered by the word ''accountability''. The words ''that
part'' are substituted for the words ''such portion of the National
Guard of the United States or of the Air National Guard of the United
States''.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
32 USC 705. Purchase of uniforms and equipment by officers of National
Guard from Army or Air Force
TITLE 32 -- NATIONAL GUARD
Officers of the Army National Guard not in Federal service may buy
articles of individual clothing and equipment from the Department of the
Army, under such regulations as the Secretary of the Army may prescribe.
On the same basis, officers of the Air National Guard not in Federal
service may buy those items from the Department of the Air Force.
Purchases under this section shall be for cash, at average current
costs, including overhead, as determined by the Secretary concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613.)
The reference to 10:1106 is omitted, since that section related only
to sales of uniforms and equipment to cadets at the United States
Military Academy. The reference to 10:904 is omitted as covered by the
language of the revised section. The words ''at average current costs,
including overhead, as determined by the Secretary concerned'' are
inserted to reflect sections 4621 and 9621 of title 10, which apply to
all sales of individual clothing and equipment. The words ''articles of
individual clothing and equipment'' are substituted for the words
''uniforms, accouterments, and equipment''. The words ''active and
inactive'', ''on proper identification'', and ''rules and'' are omitted
as surplusage.
Sale of serviceable material to members of Army or Air Force, see
sections 4621 and 9621 of Title 10, Armed Forces.
32 USC 706. Return of arms and equipment upon relief from Federal
service
TITLE 32 -- NATIONAL GUARD
So far as practicable, whenever units, organizations, or members of
the National Guard are returned to their National Guard status under
section 325(b) of this title, arms and equipment that the Secretary
concerned determines are sufficient to accomplish their peacetime
mission shall be returned with them.
(Aug. 10, 1956, ch. 1041, 70A Stat. 613.)
The words ''So far as practicable'' are inserted, since sufficient
arms and equipment might not be available.
32 USC 707. Use of public buildings for offices by instructors
TITLE 32 -- NATIONAL GUARD
Whenever practicable, instructors of the National Guard shall use
State armories or other public buildings for offices.
(Aug. 10, 1956, ch. 1041, 70A Stat. 614.)
The word ''instructors'' is substituted for the words
''inspector-instructors'', since there are no longer any
''inspector-instructors''.
32 USC 708. Property and fiscal officers
TITLE 32 -- NATIONAL GUARD
(a) The Governor of each State or Territory and Puerto Rico, and the
commanding general of the National Guard of the District of Columbia,
shall appoint, designate or detail, subject to the approval of the
Secretary of the Army and the Secretary of the Air Force, a qualified
commissioned officer of the National Guard of that jurisdiction who is
also a commissioned officer of the Army National Guard of the United
States or the Air National Guard of the United States, as the case may
be, to be the property and fiscal officer of that jurisdiction. If the
officer is not on active duty, the President may order him to active
duty, with his consent, to serve as a property and fiscal officer.
(b) Each property and fiscal officer shall --
(1) receipt and account for all funds and property of the United
States in the possession of the National Guard for which he is property
and fiscal officer; and
(2) make returns and reports concerning those funds and that
property, as required by the Secretary concerned.
(c) When he ceases to hold that assignment, a property and fiscal
officer resumes his status as an officer of the National Guard.
(d) The Secretaries shall prescribe a maximum grade, commensurate
with the functions and responsibilities of the office, but not above
colonel, for the property and fiscal officer of the United States for
the National Guard of each State or Territory, Puerto Rico, and the
District of Columbia.
(e) The Secretary of the Army and the Secretary of the Air Force
shall prescribe joint regulations necessary to carry out subsections
(a)-(d).
(f) A property and fiscal officer may intrust money to an officer of
the National Guard to make disbursements as his agent. Both the officer
to whom money is intrusted, and the property and disbursing officer
intrusting the money to him, are pecuniarily responsible for that money
to the United States. The agent officer is subject, for misconduct as
an agent, to the liabilities and penalties prescribed by law in like
cases for the property and fiscal officer for whom he is acting.
(Aug. 10, 1956, ch. 1041, 70A Stat. 614; June 6, 1972, Pub. L.
92-310, title II, 207, 86 Stat. 203; July 30, 1977, Pub. L. 95-79,
title VIII, 804(b), 91 Stat. 333; Dec. 12, 1980, Pub. L. 96-513, title
V, 515(4), 94 Stat. 2937; Sept. 29, 1988, Pub. L. 100-456, div. A,
title XII, 1234(b)(1), 102 Stat. 2059; Nov. 29, 1989, Pub. L. 101-189,
div. A, title VI, 653(g), 103 Stat. 1463.)
In subsection (b)(1), the words ''the duties of that assignment'' are
substituted for the words ''his duties as property and fiscal officer''.
The words ''be required to'' are omitted as surplusage.
In subsection (b)(2), the words ''of the National Guard for which he
is property and fiscal officer'' are substituted for the words ''of the
National Guard or Air National Guard of the State, Territory, or
District of Columbia''.
In subsection (c), 32:49 (5th sentence) is omitted, since the officer
concerned would be entitled, under section 201 of the Career
Compensation Act of 1949 (37 U.S.C. 232), to the pay and allowances of
the grade in which he is serving.
In subsection (e), the words ''The Secretaries shall prescribe'' are
substituted for the words ''which rules and regulations shall
establish''. The word ''duties'' is omitted as surplusage.
In subsection (f), the words ''rules and'' and ''the provisions of''
are omitted as surplusage.
In subsection (g), the words ''Under such regulations as may be
prescribed by the Secretary of the Army'' are omitted, since the
Secretary has inherent authority to issue regulations appropriate to
exercising his statutory functions. The words ''an officer'' are
substituted for the words ''other officers'', since, under revised
subsection (a), the property and fiscal officer is not required to be an
officer of the National Guard. The words ''accountable for public
moneys'' and ''as agent'' are omitted as surplusage.
1989 -- Subsec. (a). Pub. L. 101-189 substituted ''The Governor of
each State or Territory and Puerto Rico'' for ''The governor of each
State and Territory, Puerto Rico, and the Canal Zone''.
1988 -- Subsec. (d). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1980 -- Subsec. (b). Pub. L. 96-513 redesignated pars. (2) and (3)
as (1) and (2), respectively.
1977 -- Subsec. (d). Pub. L. 95-79, 804(b)(1), (2), redesignated
subsec. (e) as (d). Former subsec. (d), which authorized inspections
at least once a year by Inspectors General of the departments concerned,
was struck out.
Subsec. (e). Pub. L. 95-79, 804(b)(2), (3), redesignated subsec. (f)
as (e) and substituted ''(d)'' for ''(e)''. Former subsec. (e)
redesignated (d).
Subsecs. (f), (g). Pub. L. 95-79, 804(b)(2), redesignated subsecs.
(f) and (g) as (e) and (f), respectively.
1972 -- Subsec. (b)(1). Pub. L. 92-310 repealed provisions which
related to the bond required of property and fiscal officers.
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
32 USC 709. Technicians: employment, use, status
TITLE 32 -- NATIONAL GUARD
(a) Under regulations prescribed by the Secretary of the Army or the
Secretary of the Air Force, as the case may be, and subject to
subsection (b) of this section persons may be employed as technicians in
--
(1) the administration and training of the National Guard; and
(2) the maintenance and repair of supplies issued to the National
Guard or the armed forces.
(b) Except as prescribed by the Secretary concerned, a technician
employed under subsection (a) shall, while so employed, be a member of
the National Guard and hold the military grade specified by the
Secretary concerned for that position.
(c) The Secretary concerned shall designate the adjutants general
referred to in section 314 of this title, to employ and administer the
technicians authorized by this section.
(d) A technician employed under subsection (a) is an employee of the
Department of the Army or the Department of the Air Force, as the case
may be, and an employee of the United States. However, a position
authorized by this section is outside the competitive service if the
technician employed therein is required under subsection (b) to be a
member of the National Guard.
(e) Notwithstanding any other provision of law and under regulations
prescribed by the Secretary concerned --
(1) a technician who is employed in a position in which National
Guard membership is required as a condition of employment and who is
separated from the National Guard or ceases to hold the military grade
specified for his position by the Secretary concerned shall be promptly
separated from his technician employment by the adjutant general of the
jurisdiction concerned;
(2) a technician who is employed in a position in which National
Guard membership is required as a condition of employment and who fails
to meet the military security standards established by the Secretary
concerned for a member of a reserve component of the armed force under
his jurisdiction may be separated from his employment as a technician
and concurrently discharged from the National Guard by the adjutant
general of the jurisdiction concerned;
(3) a technician may, at any time, be separated from his technician
employment for cause by the adjutant general of the jurisdiction
concerned;
(4) a reduction in force, removal, or an adverse action involving
discharge from technician employment, suspension, furlough without pay,
or reduction in rank or compensation shall be accomplished by the
adjutant general of the jurisdiction concerned;
(5) a right of appeal which may exist with respect to clause (1),
(2), (3), or (4) shall not extend beyond the adjutant general of the
jurisdiction concerned; and
(6) a technician shall be notified in writing of the termination of
his employment as a technician and such notification shall be given at
least thirty days prior to the termination date of such employment.
(f) Sections 2108, 3502, 7511, and 7512 /1/ of title 5 do not apply
to any person employed under this section.
(g)(1) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any
other provision of law, the Secretary concerned may, in the case of
technicians assigned to perform operational duties at air defense sites
--
(A) prescribe the hours of duties;
(B) fix the rates of basic compensation; and
(C) fix the rates of additional compensation;
to reflect unusual tours of duty, irregular additional duty, and work
on days that are ordinarily nonworkdays. Additional compensation under
this subsection may be fixed on an annual basis and is determined as an
appropriate percentage, not in excess of 12 percent, of such part of the
rate of basic pay for the position as does not exceed the minimum rate
of basic pay for GS-10 of the General Schedule under section 5332 of
title 5.
(2) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any
other provision of law, the Secretary concerned may, for technicians
other than those described in clause (1) of this subsection, prescribe
the hours of duty for technicians. Notwithstanding sections 5542 and
5543 of title 5 or any other provision of law, such technicians shall be
granted an amount of compensatory time off from their scheduled tour of
duty equal to the amount of any time spent by them in irregular or
overtime work, and shall not be entitled to compensation for such work.
(h) In no event shall the number of technicians employed under this
section at any one time exceed 53,100.
(Aug. 10, 1956, ch. 1041, 70A Stat. 614; Sept. 13, 1961, Pub. L.
87-224, 2, 75 Stat. 496; Aug. 13, 1968, Pub. L. 90-486, 2(1), 82 Stat.
755; Aug. 13, 1971, Pub. L. 92-119, 2, 85 Stat. 340; Dec. 12, 1980,
Pub. L. 96-513, title V, 515(5)-(7), 94 Stat. 2937.)
In subsection (a), the words ''may be spent'' are substituted for the
words ''shall be available''. The reference to animals for military
purposes and forage, bedding, and other supplies and services for them,
is omitted as obsolete, since animals are not now authorized for the
National Guard. The word ''persons'' is substituted for the word
''help''. The words ''Army National Guard'' and ''Air National Guard''
are substituted for the words ''organizations of all kinds''. The words
''the support of'' are omitted as surplusage. The words ''A caretaker
employed under this subsection'' are substituted for the words ''Moneys
hereafter appropriated under the provisions of this title for
compensation of help for care of material, animals, armament, and
equipment, in the hands of the National Guard of the several States,
Territories, and the District of Columbia shall be available for the
hire of caretakers''. The words ''and other duties that do not
interfere with the performance of his duties as caretaker'' are
substituted for 32:42a (1st proviso). 32:42a (2d and 3d provisos) is
omitted as executed.
In subsection (b), the words ''However, if a unit has more than one
caretaker'' are substituted for the words ''but if there are as many as
two caretakers in any unit''. The words ''under this section'', in the
first sentence of the revised subsection, are inserted for clarity. The
words ''under this section'', in the second sentence of the revised
subsection, are substituted for the words ''paid to caretakers who
belong to the National Guard, as herein authorized''. The words ''under
any of the provisions of this title'' are omitted as surplusage.
In subsection (c), the words ''or organizations thereof'' are omitted
as surplusage.
In subsection (d), the words ''one commissioned officer * * * in a
grade below major * * * for each pool set up under subsection (c) and
for each squadron of the Air National Guard'' are substituted for the
words ''one such officer not above the grade of captain for each
heavier-than-air squadron; and one such officer not above the grade of
captain for each pool''.
In subsection (e), the words ''Funds appropriated by Congress'' are
substituted for the words ''Funds hereafter appropriated under the
provisions of this title for the support of'', in 32:42, and ''such
moneys'', in 32:42a. The words ''are in addition to'' are substituted
for the words ''shall be supplemental to'', in 32:42, and ''may be used
as supplemental to'', in 32:42a.
In subsection (f), the words ''authorized to be employed under this
section'' are substituted for the words ''authorized to be employed''.
The words ''person to employ them'' are substituted for the words ''by
whom they shall be employed''. The words ''by regulations'' are
omitted, since the Secretary has inherent authority to issue regulations
appropriate to exercising his statutory functions.
Sections 7511 and 7512 of title 5, referred to in subsec. (f), which
related to adverse actions against preference eligible employees and
comprised subchapter II of chapter 75 of Title 5, Government
Organization and Employees, were repealed by Pub. L. 95-454 and
replaced by a new subchapter II ( 7511-7514) of chapter 75 relating to
removal, suspension for more than 14 days, reduction in grade or pay, or
furlough for 30 days or less.
1980 -- Subsec. (f). Pub. L. 96-513, 515(5), struck out '', United
States Code,'' after ''title 5''.
Subsec. (g). Pub. L. 96-513, 515(6), substituted ''6101(a) of title
5'' for ''6102 of title 5, United States Code,'' in two places, ''5332
of title 5'' for ''5332 of title 5, United States Code'' and ''5543 of
title 5'' for ''5543 of title 5, United States Code,''.
Subsec. (h). Pub. L. 96-513, 515(7), struck out limitation of 49,200
technicians employed during the fiscal year beginning July 1, 1971.
1971 -- Subsec. (h). Pub. L. 92-119 increased number of technicians
employable under section from 42,500 to 53,100 with exception that such
number is fixed at 49,200 for fiscal year beginning July 1, 1971.
1968 -- Pub. L. 90-486 substituted ''Technicians: employment, use,
status'' for ''Caretakers and clerks'' in section catchline.
Subsec. (a). Pub. L. 90-486 substituted provisions that persons may
be employed as technicians in administration and training of National
Guard and maintenance and repair of supplies issued to National Guard or
armed forces for provisions that authorized the Secretaries of the Army
and the Air Force to hire, out of funds allotted to them for the Army
National Guard and the Air National Guard, respectively competent
persons to care for material, armament, and equipment of the Army
National Guard and Air National Guard, and provisions that a caretaker
so employed may also perform clerical duties incidental to his
employment and other duties that do not interfere with performance of
his duties as caretaker.
Subsec. (b). Pub. L. 90-486 substituted provisions requiring, except
as prescribed by the Secretary concerned, any technician employed to be
a member of the National Guard and hold the military grade specified by
the Secretary concerned for that position for provisions permitting
civilians as well as enlisted men to be employed as caretakers, provided
that if a unit has more than one caretaker, one of them must be an
enlisted member, and provisions that any compensation under this section
is in addition to compensation otherwise provided for a member of the
National Guard.
Subsec. (c). Pub. L. 90-486 substituted provisions authorizing the
Secretary concerned to designate adjutants general to employ and
administer the technicians authorized by this section for provisions
authorizing the Secretary concerned to place in a common pool for care,
maintenance, and storage the material, armament, and equipment of the
Army National Guard or Air National Guard, with proviso that not more
than 15 caretakers be employed for each pool.
Subsec. (d). Pub. L. 90-486 substituted provisions that a technician
employed under subsec. (a) is an employee of the particular department
concerned, and an employee of the United States, with proviso that a
position authorized by this section is outside competitive service if
technician so employed is required under subsec. (b) to be a member of
the National Guard, for provisions that one commissioned officer of the
National Guard in a grade below major may be employed for each pool set
up and for each squadron of the Air National Guard.
Subsec. (e). Pub. L. 90-486 substituted provisions authorizing the
adjutant general of the jurisdiction concerned to separate from
technicians employment any technician for the specified grounds,
provisions requiring the technician concerned to be notified in writing
of the termination of his employment at least 30 days prior to the
termination date of such employment, and provisions granting a limited
right of appeal from such termination, for provisions appropriating
funds by Congress for the National Guard as additional to funds
appropriated by the several states and territories, etc., and provisions
making such funds available for the hire of caretakers and clerks.
Subsec. (f). Pub. L. 90-486 substituted provisions making
inapplicable sections 2108, 3502, 7511, and 7512 of Title 5 to any
person employed under this section for provisions authorizing the
Secretary concerned to fix the salaries of clerks and caretakers and to
designate the person to employ them, and provisions authorizing
compensation to include the amounts of the employer's contributions to
retirement systems.
Subsecs. (g), (h). Pub. L. 90-486 added subsecs. (g) and (h).
1961 -- Subsec. (f). Pub. L. 87-224 provided that the authorized
compensation may include employer's contributions to retirement systems,
and that such contributions shall not exceed 6 1/2 per centum of the
compensation upon which based.
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Section 11 of Pub. L. 90-486 provided that: ''This Act (see Short
Title note below) becomes effective January 1, 1969, except that no
deductions or withholding from salary which result therefrom shall
commence before the first day of the first pay period that begins on or
after January 1, 1969.''
Section 1 of Pub. L. 90-486 provided: ''That this Act (amending
this section and section 715 of this title, sections 2105, 8332, 8334,
and 8339 of Title 5, Government Organization and Employees, sections
3848, 3851, 8848, and 8851 of Title 10, Armed Forces, and section 418 of
Title 42, The Public Health and Welfare, and enacting provisions set out
as notes under this section) may be cited as the 'National Guard
Technicians Act of 1968'.''
Pub. L. 101-189, div. A, title V, 506(a)-(c), Nov. 29, 1989, 103
Stat. 1438, 1439, provided that:
''(a) Battle Skills Courses. -- A civilian technician of the Army
National Guard may not be denied a military promotion because of the
failure of the technician to attend the Battle Skills Course if the
technician has requested in writing to attend such a course and has not
been selected to attend a course that would permit completion of the
course within one year after such request. If a civilian technician
receives a military promotion before the technician has completed the
Battle Skills Course, the technician shall complete that course within
one year after the date of the promotion.
''(b) Treatment of Training Under Earlier Programs. -- For purposes
of any reserve component noncommissioned officers education program
established for the training of civilian technicians of the Army
National Guard, the Secretary of the Army shall accept as meeting the
requirements of that program --
''(1) training completed by a civilian technician before October 1,
1987, through courses known as --
''(A) Primary Leadership Development courses;
''(B) Basic Noncommissioned Officers courses; and
''(C) Advanced Noncommissioned Officers courses; and
''(2) an abbreviated course to update leadership training, knowledge
of doctrine, and tactical skills.
''(c) Plan. -- (1) The Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a plan to use State and National Guard Bureau regional academies by
October 1, 1993, to provide the portion of the Reserve Component
Noncommissioned Officers Education System specifically related to
military occupational specialties. Such plan shall also identify
personnel, funds, and other resources required to implement the plan.
''(2) The Secretary of the Army shall submit the plan required by
paragraph (1) not later than April 1, 1990.''
Pub. L. 100-456, div. A, title V, 523, Sept. 29, 1988, 102 Stat.
1974, as amended by Pub. L. 101-189, div. A, title V, 506(d), Nov.
29, 1989, 103 Stat. 1439; Pub. L. 101-510, div. A, title XIV, 1484(
l)(2), Nov. 5, 1990, 104 Stat. 1719, provided that:
''(a) Phase-Out of Program Requiring Out-of-State Training. -- A
civilian technician of the Army National Guard whose military
occupational specialty has been approved by the Secretary of the Army in
accordance with subsection (b) for training under the Reserve Component
Noncommissioned Officers Education Program by an appropriate National
Guard school (as defined in subsection (f)) may, at the technician's
option, if such technician is not already qualified in that military
occupational specialty, receive military training in that military
occupational specialty through that school rather than through the
Military Education Program.
''(b) Approval of State Courses. -- (1) Each National Guard school
which receives from the Department of the Army a training program for
National Guard training for a military occupational specialty as part of
the Reserve Component Noncommissioned Officers Education Program shall
implement that training program by the end of the 45-day period
beginning on the receipt of such program by the school or as soon
thereafter as feasible. The Secretary of the Army shall, not later than
45 days after any such school notifies the Secretary that it has
implemented such a training program, determine whether or not such
school has properly implemented such program. Upon the approval by the
Secretary of the implementation of such program by such school,
subsection (a) shall apply with respect to military education of
civilian technicians of the Army National Guard of that State in the
applicable military occupational specialty.
''(2) In the case of a National Guard school for which a program has
not been approved under paragraph (1) with respect to a military
occupational specialty, the Secretary of the Army may, subject to
subsection (d), require a civilian technician of the Army National Guard
in that State with that military occupational specialty to receive
training through the Military Education Program.
''(c) Special Rule for Leadership Training. -- A civilian technician
of the Army National Guard who is required by the National Guard Bureau
to receive leadership training through courses known as Primary
Leadership Development courses may, at the technician's option, receive
such training through the appropriate State National Guard school.
''(d) Transition. -- In the case of a civilian technician of the Army
National Guard for whose military occupational specialty there is not,
as of the date of the enactment of this Act (Sept. 29, 1988), a program
of training approved under subsection (b) for an appropriate National
Guard school, the technician shall, at his request, be given the Skill
Qualification Test appropriate for his military occupational specialty
and skill level. If the technician passes the test and, if necessary
for his military occupational specialty, successfully completes the Army
National Guard Battle Skills Course for the appropriate grade, the
Secretary of the Army may not require the technician to receive training
through the existing Military Education Program and may not reduce the
technician in military grade, or deny the technician a military
promotion, by reason of failure to receive training through the Military
Education Program.
''(e) Report. -- The Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the implementation of the Reserve Component Noncommissioned
Officers Education Program. The report shall discuss the implementation
of such program at each State National Guard school and shall explain,
in any case in which the implementation of a training program has not
been approved under subsection (b), the reasons for the withholding of
such approval. Such report shall be submitted not later than December
31, 1988.
''(f) Definitions. -- For purposes of this section:
''(1) The term 'National Guard school', with respect to a civilian
technician, means a National Guard school of that technician's State, or
(2) a regional National Guard school designated by the Secretary of the
Army for the region including that technician's State.
''(2) The term 'State' includes the District of Columbia and any
commonwealth, territory, or possession of the United States.''
Pub. L. 99-661, div. A, title VI, 654, Nov. 14, 1986, 100 Stat.
3890, provided that:
''(a) Civil Service Retirement Credit. -- A period of service
performed under section 709 of title 32, United States Code (or under a
prior corresponding provision of law), before January 1, 1969, which
would not otherwise be creditable under subchapter III of chapter 83 of
title 5, United States Code, because of the antepenultimate sentence of
section 8332(b) of such title, shall be considered creditable service
under such subchapter, notwithstanding such sentence, in the case of an
individual described in subsection (b).
''(b) Covered Individuals. -- Subsection (a) applies in the case of
an individual who --
''(1) before the end of the 14-month period beginning on the date of
the enactment of this Act (Nov. 14, 1986), files appropriate written
application with the Office of Personnel Management in accordance with
regulations under subsection (c);
''(2) at the time of filing application under paragraph (1), is
employed by the United States and is subject to subchapter III of
chapter 83 of title 5, United States Code (other than under section 8344
of such title); and
''(3) before the date of the separation on which entitlement to an
annuity under subchapter III of chapter 83 of title 5, United States
Code, is based, makes an appropriate deposit under section 8334(c) of
such title with respect to the period of service involved, based on the
percentage of basic pay for such service which would be required under
such section if such service had been performed as an employee under
such subchapter.
''(c) Regulations. -- The Office of Personnel Management shall
prescribe regulations to carry out subsection (a). Such regulations
shall be prescribed not later than 60 days after the date of the
enactment of this Act (Nov. 14, 1986).''
Federal Employee Status; Credit for Past Service;
Leave Credit
Section 3 of Pub. L. 90-486, as amended by Pub. L. 101-530, 2, Nov.
6, 1990, 104 Stat. 2338, provided that:
''(a) A claim accrued under section 715 of title 32, United States
Code, before the effective date of this Act (see effective date note
above) by reason of the act or omission of a person employed under
section 709 of title 32, United States Code, may, if otherwise
allowable, be settled and paid under section 715 of title 32, United
States Code.
''(b) Except as provided in this Act and in the amendments made by
this Act (see Short Title note above) and notwithstanding any law, rule,
regulation, or decision to the contrary, the positions of persons
employed under section 709 of title 32, United States Code, existing on
the day before the effective date of this Act, and the persons holding
those positions on that day, shall, on and after that effective date, be
considered to be positions in and employees of the Department of the
Army or the Department of the Air Force, as the case may be, and
employees of the United States to the same extent as other positions in
and employees of the Department of the Army or the Department of the Air
Force. Such positions shall be outside the competitive service, if, as
a condition of employment, the persons employed therein were, on the day
before the effective date of this Act, required to be members of the
Army National Guard or the Air National Guard.
''(c) All service under section 709 of title 32, United States Code,
or prior corresponding provision of law, performed before the effective
date of this Act shall be included and credited in the determination of
length of service for the purposes of leave, Federal employees death and
disability compensation, group life and health insurance, severance pay,
tenure, and status.
''(d) Annual leave and sick leave to which a technician was entitled
on the day before the conversion of his position, as provided in
subsection (b) of this section, shall be credited to him in his new
position.''
(Pub. L. 101-530, 3(b), Nov. 6, 1990, 104 Stat. 2339, provided that:
(''(1) General rule. -- Except as provided in paragraph (2), the
amendment made by section 2 (amending section 3 of Pub. L. 90-486, set
out above) applies only with respect to an individual performing service
as an officer or employee of the Government on or after the date of
enactment of this Act (Nov. 6, 1990) and only to determine --
(''(A) any annual leave accruing under section 6303 of title 5,
United States Code, to the individual on or after such date; and
(''(B) the individual's length of service for the purposes of
entitlement to Federal employee death and disability compensation, group
life insurance and health benefits, severance pay, tenure, and status.
(''(2) Exception. --
(''(A) Rule for individuals separating after december 31, 1968, and
before the enactment of this act. -- The amendment made by section 2 of
this Act applies with respect to any individual who separated from
Government employment after December 31, 1968, and before the date of
the enactment of this Act (Nov. 6, 1990), for the purpose of determining
whether such individual satisfies the length of service requirement
under section 8901(3)(A) of title 5, United States Code (relating to the
definition of the term 'annuitant', as in effect at the time of such
individual's separation) for the purposes of chapter 89 of such title.
(''(B) Conditions for enrolling in a health benefits plan. -- Any
individual who satisfies the length of service requirement referred to
in subparagraph (A) as a result of the application of the amendment made
by section 2 shall be enrolled in a health benefits plan (described in
section 8903 of such title) of such individual's choice, if --
(''(i) application for enrollment is received by the Office of
Personnel Management within one year after the date of the enactment of
this Act; and
(''(ii) such individual would have qualified under section 8905(b)(
1) of such title at the time of such individual's separation.'')
Section 5(d) of Pub. L. 90-486 provided that: ''Clause (4) of
subsection (a) of this section (amending section 8332(b) of Title 5,
Government Organization and Employees) and subsections (b) and (c) of
this section (amending section 8334(c) and adding section 8339(l) of
title 5) do not apply to any person employed prior to the effective date
of this Act (see Effective Date note above) under section 709 of title
32, United States Code, whose employment under that section was covered
by subchapter III of chapter 83 of title 5, United States Code.''
Contributions
Section 6 of Pub. L. 90-486, as amended by Pub. L. 99-514, 2, Oct.
22, 1986, 100 Stat. 2095, provided that:
''(a) Notwithstanding section 709(d) of title 32, United States Code,
a person who, on the date of enactment of this Act (Aug. 13, 1968), is
employed under section 709 of title 32, United States Code, and is
covered by an employee retirement system of, or plan sponsored by, a
State or the Commonwealth of Puerto Rico, may elect, not later than the
effective date of this Act (see Effective Date note above), not to be
covered by subchapter III of chapter 83 of title 5, United States Code,
and with the consent of the State concerned or Commonwealth of Puerto
Rico, to remain covered by the employee retirement system of, or plan
sponsored by, that State or the Commonwealth of Puerto Rico. Unless
such an election, together with a statement of approval by the State
concerned or the Commonwealth of Puerto Rico, is filed with the
Secretary of the Army or the Secretary of the Air Force, as appropriate,
on or before the effective date of this Act, the person concerned is
covered by subchapter III of chapter 83 of title 5, United States Code,
as of that date.
''(b) A member of the National Guard of a State or the Commonwealth
of Puerto Rico who was employed as a technician under section 709 of
title 32, United States Code, or prior corresponding provision of law,
who --
''(1) was involuntarily ordered to active duty after January 1, 1968,
from that employment and has not been released from that duty prior to
the effective date of this Act (see Effective Date note above); or
''(2) is on active duty under section 265, 3015, 3033, 3496, 8033 or
8496 of title 10, United States Code, on the effective date of this Act;
and was covered by a retirement system or plan of a State or the
Commonwealth of Puerto Rico, may, if he is reemployed within sixty days
under section 709 of title 32, United States Code, make the election
described in subsection (a) of this section, within thirty days
following the date of his reemployment.
''(c) In the case of any person who files a valid election under this
section to remain covered by an employee retirement system of, or plan
sponsored by, a State or the Commonwealth of Puerto Rico, the United
States may pay the amount of the employer's contributions to that system
or plan that become due for periods beginning on or after the effective
date of this Act (see Effective Date note above). However, the payment
by the United States, including any contribution that may be made by the
United States toward the employer's tax imposed by section 3111 of the
Internal Revenue Code of 1986 (formerly I.R.C. 1954), as amended (26
U.S.C. 3111), may not exceed the amount which the employing agency would
otherwise contribute on behalf of the person to the Civil Service
Retirement and Disability Fund under section 8334(a) of title 5, United
States Code. Notwithstanding section 8332(b) of title 5, United States
Code, as amended by section 5 of this Act, the service under section 709
of title 32, United States Code, or prior corresponding provision of
law, of a person who has made an election to remain covered by the
employee retirement system of, or plan sponsored by, a State or the
Commonwealth of Puerto Rico, shall not be creditable toward eligibility
for or amount of annuity under subchapter III of chapter 83 of title 5,
United States Code. A person who retires pursuant to his valid election
shall not be eligible for any rights, benefits, or privileges to which
retired civilian employees of the United States may be entitled.''
Compensation to the General Schedule
Section 8 of Pub. L. 90-486 provided that:
''(a) Except as provided in section 709(g) of title 32, United States
Code, the Secretary concerned shall fix the rate of basic compensation
of positions existing on the date of enactment of this Act (Aug. 13,
1968) in accordance with the General Schedule set forth in section 5332,
or under the appropriate prevailing rate schedule in accordance with
section 5341 of title 5, United States Code, as applicable. In fixing
such rate --
''(1) If the technician is receiving a rate of basic compensation
which is less than the minimum rate of the appropriate grade of the
General Schedule, or which is less than the minimum rate of the
appropriate grade or compensation level of the appropriate prevailing
rate schedule, as applicable, in which his position is placed, his basic
compensation shall be increased to that minimum rate.
''(2) If the technician is receiving a rate of basic compensation
which is equal to a rate of the appropriate grade of the General
Schedule, or which is equal to a rate of the appropriate grade or
compensation level under the appropriate prevailing rate schedule, as
applicable, in which his position is placed, he shall receive basic
compensation at that rate of the General Schedule, or at that rate under
the prevailing rate schedule, as applicable.
''(3) If the technician is receiving a rate of basic compensation
which is between two rates of the appropriate grade of the General
Schedule, or which is between two rates of the appropriate grade or
compensation level under the appropriate prevailing rate schedule, as
applicable, in which his position is placed, he shall receive basic
compensation at the higher of those two rates under the General Schedule
or appropriate prevailing rate schedule, as applicable.
''(4) If the technician is receiving a rate of basic compensation
which is in excess of the maximum rate of the appropriate grade of the
General Schedule, or which is in excess of the maximum rate of the
appropriate grade or compensation level of the appropriate prevailing
rate schedule, as applicable, in which his position is placed, he shall
continue to receive basic compensation without change in rate until --
''(A) he leaves that position, or
''(B) he is entitled to receive basic compensation at a higher rate,
but, when any such position becomes vacant, the rate of basic
compensation of any subsequent appointee thereto shall be fixed in the
manner provided by applicable law and regulation.
''(b) The conversion of positions and employees to appropriate grades
of the General Schedule set forth in section 5332 of title 5, United
States Code, and the initial adjustment of rates of basic compensation
of those positions and technicians, provided for by this Act (see Short
Title note above), shall not be considered to be transfers or promotions
within the meaning of section 5334(b) of title 5, United States Code,
and the regulations issued thereunder.
''(c) Each technician on the effective date of this Act (see
Effective Date note above), whose position is converted to the General
Schedule set forth in section 5332 of title 5, United States Code, or to
the appropriate prevailing rate schedule, as applicable, who prior to
the initial adjustment of his rate of basic compensation under
subsection (a) of this section, has earned, but has not been credited
with, an increase in that rate, shall be granted credit for such
increase before his rate of basic compensation is initially adjusted
under that subsection.
''(d) Each technician on the effective date of this Act whose
position is converted to the General Schedule set forth in section 5332
of title 5, United States Code, or to the appropriate prevailing rate
schedule, as applicable, shall be granted credit, for purposes of his
first step increase under the General Schedule or prevailing rate
schedule, for all satisfactory service performed by him since his last
increase in compensation prior to the initial adjustment of his rate of
basic compensation under subsection (a) of this section.
''(e) An increase in rate of basic compensation by reason of the
enactment of subsection (a) of this section shall not be considered to
be an equivalent increase with respect to step increases for technicians
whose positions are converted to the General Schedule set forth in
section 5332 of title 5, United States Code, or the appropriate
prevailing rate schedule under authority of this section.''
Uniformity
Section 10 of Pub. L. 90-486 provided that: ''Regulations
prescribed by the Secretary of the Army and Secretary of the Air Force
under this Act (see Short Title note above) shall be approved by the
Secretary of Defense and shall, so far as practicable, be uniform.''
Pub. L. 90-580, title II, Oct. 17, 1968, 82 Stat. 1124, provided
that the number of caretakers authorized to be employed under this
section may be such as is deemed necessary by the Secretary of the Air
Force and that they may be employed without regard to their military
rank as members of the Air National Guard.
Similar provisions were contained in the following prior acts:
Sept. 29, 1967, Pub. L. 90-96, title II, 81 Stat. 236.
Oct. 15, 1966, Pub. L. 89-687, title II, 80 Stat. 985.
Sept. 29, 1965, Pub. L. 89-213, title II, 79 Stat. 868.
Aug. 19, 1964, Pub. L. 88-466, title II, 78 Stat. 469.
Oct. 17, 1963, Pub. L. 88-149, title II, 77 Stat. 259.
Aug. 9, 1962, Pub. L. 87-577, title II, 76 Stat. 323.
Aug. 17, 1961, Pub. L. 87-144, title II, 75 Stat. 370.
July 7, 1960, Pub. L. 86-601, title II, 74 Stat. 344.
Aug. 18, 1959, Pub. L. 86-166, title II, 73 Stat. 372.
Aug. 22, 1958, Pub. L. 85-724, title V, 72 Stat. 723.
Aug. 2, 1957, Pub. L. 85-117, title V, 71 Stat. 322.
July 2, 1956, ch. 488, title V, 70 Stat. 466.
July 13, 1955, ch. 358, title V, 69 Stat. 313.
June 30, 1954, ch. 432, title VI, 68 Stat. 349.
Aug. 1, 1953, ch. 305, title V, 67 Stat. 349.
July 10, 1952, ch. 630, title V, 66 Stat. 530.
Oct. 18, 1951, ch. 512, title V, 65 Stat. 444.
Sept. 6, 1950, ch. 896, Ch. X, title V, 64 Stat. 751.
Oct. 29, 1949, ch. 787, title V, 63 Stat. 1017.
Pub. L. 90-580, title II, Oct. 17, 1968, 82 Stat. 1124, provided
that the number of caretakers authorized to be employed under this
section and those necessary to provide reimbursable services for the
military departments, may be such as is deemed necessary by the
Secretary of the Army.
Similar provisions were contained in the following prior acts:
Sept. 29, 1967, Pub. L. 90-96, title II, 81 Stat. 236.
Oct. 15, 1966, Pub. L. 89-687, title II, 80 Stat. 984.
Sept. 29, 1965, Pub. L. 89-213, title II, 79 Stat. 867.
Aug. 19, 1964, Pub. L. 88-446, title II, 78 Stat. 469.
Oct. 17, 1963, Pub. L. 88-149, title II, 77 Stat. 258.
Aug. 9, 1962, Pub. L. 87-577, title II, 76 Stat. 322.
Aug. 17, 1961, Pub. L. 87-144, title II, 75 Stat. 369.
July 7, 1960, Pub. L. 86-601, title II, 74 Stat. 343.
Aug. 18, 1959, Pub. L. 86-166, title II, 73 Stat. 371.
Aug. 22, 1958, Pub. L. 85-724, title III, 72 Stat. 715.
Aug. 2, 1957, Pub. L. 85-117, title III, 71 Stat. 315.
July 2, 1956, ch. 488, title III, 70 Stat. 458.
July 13, 1955, ch. 358, title III, 69 Stat. 305.
June 30, 1954, ch. 432, title IV, 68 Stat. 340.
Aug. 1, 1953, ch. 305, title III, 67 Stat. 340.
July 10, 1952, ch. 630, title III, 66 Stat. 522.
Oct. 18, 1951, ch. 512, title III, 65 Stat. 435.
Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 740.
Oct. 29, 1949, ch. 787, title III, 63 Stat. 1000.
June 24, 1948, ch. 632, 62 Stat. 662.
July 30, 1947, ch. 357, title I, 61 Stat. 564.
July 16, 1946, ch. 583, 60 Stat. 556.
title 5 sections 2105, 8332,
8337; title 10 sections
3848, 3851, 8848, 8851; title 42 section 418.
/1/ See References in Text note below.
32 USC 710. Accountability for property issued to the National Guard
TITLE 32 -- NATIONAL GUARD
(a) All military property issued by the United States to the National
Guard remains the property of the United States.
(b) The Secretary of the Army shall prescribe regulations for
accounting for property issued by the United States to the Army National
Guard and for the fixing of responsibility for that property. The
Secretary of the Air Force shall prescribe regulations for accounting
for property issued by the United States to the Air National Guard and
for the fixing of responsibility for that property. So far as
practicable, regulations prescribed under this section shall be uniform
among the components of each service.
(c) Under regulations prescribed by the Secretary concerned under
subsection (b), liability for the value of property issued by the United
States to the National Guard that is lost, damaged, or destroyed may be
charged (1) to a member of the Army National Guard or the Air National
Guard when in similar circumstances a member of the Army or Air Force
serving on active duty would be so charged, or (2) to a State or
Territory, Puerto Rico, or the District of Columbia when the property is
lost, damaged, or destroyed incident to duty directed pursuant to the
laws of, and in support of the authorities of, such jurisdiction.
Liability charged to a member of the Army National Guard or the Air
National Guard shall be paid out of pay due to the member for duties
performed as a member of the National Guard, unless the Secretary
concerned shall for good cause remit or cancel that liability.
Liability charged to a State or Territory, Puerto Rico, or the District
of Columbia shall be paid from its funds or from any other non-Federal
funds.
(d) If property surveyed under this section is found to be
unserviceable or unsuitable, the Secretary concerned or his designated
representative shall direct its disposition by sale or otherwise. The
proceeds of the following under this subsection shall be deposited in
the Treasury under section 4(b)(22) of the Permanent Appropriation
Repeal Act, 1934.
(1) A sale.
(2) A stoppage against a member of the National Guard.
(3) A collection from a person, or from a State or Territory, Puerto
Rico, or the District of Columbia, to reimburse the United States for
the loss or destruction of, or damage to, the property.
(e) If a State or Territory, Puerto Rico, or the District of
Columbia, whichever is concerned, neglects or refuses to pay for the
loss or destruction of, or damage to, property charged against it under
subsection (c), the Secretary concerned may bar it from receiving any
part of appropriations for the Army National Guard or the Air National
Guard, as the case may be, until the payment is made.
(f) Instead of the procedure prescribed by subsections (b)-(d),
property issued to the National Guard that becomes unserviceable through
fair wear and tear in service may, under regulations to be prescribed by
the Secretary concerned, be sold or otherwise disposed of after an
inspection, and a finding of unserviceability because of that wear and
tear, by a commissioned officer of the Regular Army or the Regular Air
Force, as the case may be, designated by the Secretary. The State or
Territory, Puerto Rico, or the District of Columbia, whichever is
concerned, is relieved of accountability for that property.
(Aug. 10, 1956, ch. 1041, 70A Stat. 615; Sept. 2, 1958, Pub. L.
85-861, 33(c)(3), 72 Stat. 1567; Aug. 8, 1980, Pub. L. 96-328, 1(a),
(b)(1), 94 Stat. 1027; Dec. 12, 1980, Pub. L. 96-513, title V, 515( 8),
94 Stat. 2937; Sept. 13, 1982, Pub. L. 97-258, 3(h)(2), 96 Stat. 1065;
Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, 1234(b)(1), 102
Stat. 2059.)
In subsection (a), the words ''as herein provided'' are omitted as
surplusage.
In subsections (b) and (f), the word ''commissioned'' is inserted,
since 32:47 historically applied only to commissioned officers (see
opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May
1953)).
In subsection (b), the words ''by use in service or from any other
cause'' and ''surveying'' are omitted as surplusage. The words ''a
survey of the circumstances thereof'' are substituted for the word
''it''.
In subsection (c), the first 12 words of the second sentence are
substituted for 32:47 (38th through 77th words of 2d sentence). Clause
(2) is substituted for 32:154 (last proviso of 2d par.).
In subsection (d), the last sentence is substituted for 32:47 (words
between semicolon and 1st colon of last sentence).
In subsection (e), the words ''charged against it under subsection
(c)'' are substituted for the words ''changed against such State,
Territory, or the District of Columbia by the Secretary of the Army
after survey by a disinterested officer appointed as hereinbefore
provided''. The words ''may bar it from receiving'' are substituted for
the words ''is authorized to debar such State, Territory, or the
District of Columbia from further participation in any and all''.
In subsection (f), the words ''Instead of the procedure prescribed by
subsections (b)-(d)'' are substituted for the words ''and to constitute
as to such property a discretional substitute for the examination,
report, and disposition provided for elsewhere in this section''. The
words ''a finding of unserviceability because of that wear and tear''
are substituted for the words ''finding to that effect''.
This change corrects a typographical error.
Section 4(b)(22) of the Permanent Appropriation Repeal Act, 1934,
referred to in subsec. (d), is section 4(b)(22) of act June 26, 1934,
ch. 756, 48 Stat. 1228, which was classified to section 725c(b)(22) of
former Title 31, and was omitted from the Code in the general revision
and reenactment of Title 31, Money and Finance, by Pub. L. 97-258,
Sept. 13, 1982, 96 Stat. 877.
1988 -- Subsecs. (c), (d)(3), (e), (f). Pub. L. 100-456 struck out
''the Canal Zone,'' after ''Puerto Rico,''.
1982 -- Subsec. (d). Pub. L. 97-258 struck out ''(31 U.S.C. 725c(
b)(22))'' after ''1934''.
1980 -- Pub. L. 96-328, 1(b)(1), substituted ''Accountability for
property issued to the National Guard'' for ''Reports of survey'' in
section catchline.
Subsec. (b). Pub. L. 96-328, 1(a), substituted provisions authorizing
the Secretary of the Army, regarding the Army National Guard, and the
Secretary of the Air Force, regarding the Air National Guard, to
prescribe regulations for accounting for property issued by the United
States to each service and for fixing responsibility for that property
and requiring, as far as practicable, that the regulations prescribed be
uniform among the components of each service for provisions authorizing,
that if property issued to the National Guard is lost, damaged, or
destroyed, or becomes unserviceable or unsuitable, a survey of the
circumstances involved be conducted by a disinterested commissioned
officer of the Regular Army, Army National Guard, Regular Air Force, or
Air National Guard, as the case may be, and a report of the survey sent
to the Secretary concerned or an officer designated by that Secretary to
receive those reports.
Subsec. (c). Pub. L. 96-328, 1(a), substituted provisions authorizing
the Secretary concerned to charge liability for property lost, damaged,
or destroyed to a member of the Army National Guard or Air National
Guard when in similar circumstances a member of the Army or Air Force
serving on active duty would be charged, to remit or cancel the
liability of a member for good cause, and to charge a State or
Territory, Puerto Rico, the Canal Zone, or the District of Columbia when
such loss is incident to duty directed pursuant to the laws of, and in
support of the authorities of, such jurisdiction for provisions
authorizing the Secretary concerned to relieve a State or Territory,
Puerto Rico, the Canal Zone, or the District of Columbia of liability
for loss, damage, or destruction of property unless such loss occurred
through negligence.
Subsec. (d). Pub. L. 96-513 substituted ''4(b)(22) of the Permanent
Appropriation Repeal Act, 1934 (31 U.S.C. 725c(b)(22))'' for ''725c(b)(
22) of title 31''.
1958 -- Subsec. (c). Pub. L. 85-861 substituted ''of further'' for
''or further''.
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Section 2 of Pub. L. 96-328 provided that: ''The amendment made by
subsection (a) of the first section of this Act (amending subsecs. (b)
and (c) of this section) shall apply to liability for property issued by
the United States to the National Guard that is lost, damaged, or
destroyed on or after October 1, 1980. Liability for such property that
is lost, damaged, or destroyed before such date shall be governed by the
provisions of section 710 of title 32, United States Code, as in effect
on the day before the date of the enactment of this Act (Aug. 8,
1980).''
Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section
33(g) of Pub. L. 85-861, set out as a note under section 101 of Title
10, Armed Forces.
32 USC 711. Disposition of obsolete or condemned property
TITLE 32 -- NATIONAL GUARD
Each State and Territory, Puerto Rico, and the District of Columbia
shall, upon receiving new property issued to its National Guard to
replace obsolete or condemned issues of property, return the replaced
property to the Department of the Army or the Department of the Air
Force, as the case may be, or otherwise dispose of it, as the Secretary
concerned directs. No money credit may be allowed for property disposed
of under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 616; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
The words ''to its National Guard'' are inserted for clarity. The
word ''it'' is substituted for the words ''all property so replaced or
condemned''. The last sentence is substituted for 32:46 (last 8 words).
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
32 USC 712. Disposition of proceeds of condemned stores issued to
National Guard
TITLE 32 -- NATIONAL GUARD
The following shall be covered into the Treasury:
(1) The proceeds from sales of condemned stores issued to the
National Guard of a State or Territory, Puerto Rico, or the District of
Columbia, and not charged against its allotment.
(2) The net proceeds from collections made from any person to
reimburse the United States for the loss or destruction of, or damage
to, property described in clause (1).
(3) Stoppage against members of the National Guard for the loss or
destruction of, or damage to, property described in clause (1).
(Aug. 10, 1956, ch. 1041, 70A Stat. 616; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(b)(1), 102 Stat. 2059.)
The introductory clause is substituted for the words ''shall be
covered into the Treasury of the United States'' and ''as shall also''.
The words ''United States'' are substituted for the word ''Government''.
The words ''members of the National Guard'' are substituted for the
words ''officers and enlisted men''.
1988 -- Par. (1). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
32 USC 713. Official mail: free transmission
TITLE 32 -- NATIONAL GUARD
Units and headquarters of the National Guard, whether or not in
Federal service, have the same privilege of free mailing of official
matter as the Department of Defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 617.)
The word ''Hereafter'' is omitted as executed. The words ''and the
Air National Guard'' are omitted, since ''National Guard'', as defined
in section 101(2) of this title, includes the Army National Guard and
the Air National Guard. The words ''Federal service'' are substituted
for the words ''active service of the United States''. The words
''mailing of official matter'' are substituted for the words
''transmission of official mail matter''.
32 USC 714. Final settlement of accounts: deceased members
TITLE 32 -- NATIONAL GUARD
(a) In the settlement of the accounts of a member of the National
Guard who dies after December 31, 1955, an amount due from the armed
force of which he was a member shall be paid to the person highest on
the following list living on the date of death:
(1) Beneficiary designated by him in writing to receive such an
amount, if the designation is received, before the deceased member's
death, at the place named in regulations to be prescribed by the
Secretary concerned.
(2) Surviving spouse.
(3) Children and their descendants, by representation.
(4) Father and mother in equal parts or, if either is dead, the
survivor.
(5) Legal representative.
(6) Person entitled under the law of the domicile of the deceased
member.
(b) Designations and changes of designation of beneficiaries under
subsection (a)(1) are subject to regulations to be prescribed by the
Secretary concerned. So far as practicable, these regulations shall be
uniform with those prescribed for the armed forces under section 2771(
b) of title 10.
(c) Under such regulations as the Comptroller General may prescribe,
payments under subsection (a) shall be made by the Department of the
Army or the Department of the Air Force, as the case may be. Payment
under clause (6) of subsection (a) shall be made --
(1) upon settlement by the General Accounting Office; or
(2) as otherwise authorized by the Comptroller General.
(d) A payment under this section bars recovery by any other person of
the amount paid.
(Added Pub. L. 85-861, 2(12), Sept. 2, 1958, 72 Stat. 1546, and
amended Pub. L. 87-46, June 16, 1961, 75 Stat. 92.)
In subsection (a), the definition of the term ''Department'', in 37:
361, is omitted as unnecessary, since the particular departments
referred to are spelled out in the revised text. The definition of the
term ''uniformed services'', in 37:361, is omitted as covered by the
word ''member'' in this revised section. Clauses (1)-(6) are
substituted for the last 5 clauses of 37:362. The words ''regulations to
be prescribed by the Secretary concerned'' are substituted for the words
''regulations of the Department concerned'', since the ''Department'',
as such, cannot issue regulations.
In subsection (a)(2), the words ''Surviving spouse'' are substituted
for the words ''widow or widower''. As defined in section 101(18) of
this title, ''spouse'' includes a widower.
In subsection (b), the words ''are subject to'' are substituted for
the words ''shall be made under''.
In subsection (c), the word ''Under'' is substituted for the words
''Subject to''. The words ''rules and'' are omitted as surplusage.
1961 -- Subsec. (c). Pub. L. 87-46 substituted ''Payment under
clause (6) of subsection (a) shall be made --
''(1) upon settlement by the General Accounting Office; or
''(2) as otherwise authorized by the Comptroller General.''
for ''Payments under clauses (2)-(6) of subsection (a) may be paid
only after settlement by the General Accounting Office.''
Designation of beneficiary made before Jan. 1, 1956, considered as
the designation of a beneficiary for the purposes of this section, see
note set out under section 2771 of Title 10, Armed Forces.
32 USC 715. Property loss; personal injury or death: activities under
certain sections of this title
TITLE 32 -- NATIONAL GUARD
(a) Under such regulations as the Secretary of the Army or Secretary
of the Air Force may prescribe, he or, subject to appeal to him, the
Judge Advocate General of the armed force under his jurisdiction, if
designated by him, may settle and pay in an amount not more than
$100,000 a claim against the United States for --
(1) damage to, or loss of, real property, including damage or loss
incident to use and occupancy;
(2) damage to, or loss of, personal property, including property
bailed to the United States or the National Guard and including
registered or insured mail damaged, lost, or destroyed by a criminal act
while in the possession of the National Guard; or
(3) personal injury or death; either caused by a member of the Army
National Guard or the Air National Guard, as the case may be, while
engaged in training or duty under section 316, 502, 503, 504, or 505 of
this title or any other provision of law for which he is entitled to pay
under section 206 of title 37, or for which he has waived that pay, and
acting within the scope of his employment; or otherwise incident to
noncombat activities of the Army National Guard or the Air National
Guard, as the case may be, under one of those sections.
(b) A claim may be allowed under subsection (a) only if --
(1) it is presented in writing within two years after it accrues,
except that if the claim accrues in time of war or armed conflict or if
such a war or armed conflict intervenes within two years after it
accrues, and if good cause is shown, the claim may be presented not
later than two years after the war or armed conflict is terminated;
(2) it is not covered by section 2734 of title 10 or section 2672 of
title 28;
(3) it is not for personal injury or death of such a member or a
person employed under section 709 of this title, whose injury or death
is incident to his service;
(4) the damage to, or loss of, property, or the personal injury or
death, was not caused wholly or partly by a negligent or wrongful act of
the claimant, his agent, or his employee, or, if so caused, allowed only
to the extent that the law of the place where the act or omission
complained of occurred would permit recovery from a private individual
under like circumstances; and
(5) it is substantiated as prescribed in regulations of the Secretary
concerned.
For the purposes of clause (1), the dates of the beginning and end of
an armed conflict are the dates established by concurrent resolution of
Congress or by a determination of the President.
(c) Payment may not be made under this section for reimbursement for
medical, hospital, or burial services furnished at the expense of the
United States or of any State or the District of Columbia or Puerto
Rico.
(d) If the Secretary concerned considers that a claim in excess of
$100,000 is meritorious, and the claim otherwise is payable under this
section, the Secretary may pay the claimant $100,000 and report any
meritorious amount in excess of $100,000 to the Comptroller General for
payment under section 1304 of title 31.
(e) Except as provided in subsection (d), no claim may be paid under
this section unless the amount tendered is accepted by the claimant in
full satisfaction.
(f) Under regulations prescribed by the Secretary concerned, an
officer or employee under the jurisdiction of the Secretary may settle a
claim that otherwise would be payable under this section in an amount
not to exceed $25,000. A decision of the officer or employee who makes
a final settlement decision under this section may be appealed by the
claimant to the Secretary concerned or an officer or employee designated
by the Secretary for that purpose.
(g) Notwithstanding any other provision of law, the settlement of a
claim under this section is final and conclusive.
(h) In this section, ''settle'' means consider, ascertain, adjust,
determine, and dispose of a claim, whether by full or partial allowance
or disallowance.
(Added Pub. L. 86-740, 1(1), Sept. 13, 1960, 74 Stat. 878, and
amended Pub. L. 87-649, 8(b), Sept. 7, 1962, 76 Stat. 495; Pub. L.
90-486, 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. L. 90-525, 6, Sept.
26, 1968, 82 Stat. 878; Pub. L. 91-312, 3, July 8, 1970, 84 Stat. 412;
Pub. L. 92-445, Sept. 29, 1972, 86 Stat. 745; Pub. L. 93-336, 3, July
8, 1974, 88 Stat. 292; Pub. L. 98-564, 4, Oct. 30, 1984, 98 Stat.
2919.)
1984 -- Subsec. (a). Pub. L. 98-564, 4(1), substituted ''$100,000''
for ''$25,000''.
Subsec. (d). Pub. L. 98-564, 4(2), amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ''If the Secretary of
the military department concerned considers that a claim in excess of
$25,000 is meritorious and would otherwise be covered by this section,
he may pay the claimant $25,000 and report the excess to Congress for
its consideration''.
Subsec. (f). Pub. L. 98-564, 4(3), amended subsec. (f) generally.
Prior to amendment, subsec. (f) read as follows: ''In any case where
the amount to be paid is not more than $5,000, the authority contained
in subsection (a) may be delegated to any officer of the Army or the Air
Force, as the case may be, who has been delegated authority under
section 2733(g) of title 10, to settle similar claims, subject to appeal
to the Secretary concerned, or his designee for that purpose''.
1974 -- Subsecs. (a), (d). Pub. L. 93-336, 3(1), (2), substituted
''$25,000'' for ''$15,000''.
Subsec. (f). Pub. L. 93-336, 3(3), substituted ''$5,000'' for
''$2,500''.
1972 -- Subsec. (b)(4). Pub. L. 92-445 inserted provision that claim
may be allowed to extent that law of place where act or omission
complained of occurred would permit recovery from a private individual
under similar circumstances, when damage to or loss of property, or
personal injury or death was caused wholly or partly by a negligent or
wrongful act of claimant, his agent, or his employee.
1970 -- Subsecs. (a), (d). Pub. L. 91-312 substituted ''$15,000''
for ''$5,000''.
1968 -- Subsec. (a). Pub. L. 90-486 struck out ''caused by a person
employed under section 709 of this title acting within the scope of his
employment;'' after ''acting within the scope of his employment;''.
Subsec. (f). Pub. L. 90-525 increased limitation on amount of
settlement from $1,000 to $2,500 and provided for appeals to Secretary
concerned, or his designee, from determinations delegating authority to
settle claims to an officer of the Army or the Air Force.
1962 -- Subsec. (a)(3). Pub. L. 87-649 substituted ''section 206 of
title 37'' for ''section 301 of title 37''.
Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that no
deductions or withholding from salary which result therefrom shall
commence before the first day of the first pay period that begins on or
after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a
note under section 709 of this title.
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Settlement and payment of claims arising under this section before
January 1, 1969, see section 3(a) of Pub. L. 90-486, set out as a note
under section 709 of this title.
31 section 1304.
32 USC 716. Claims for overpayment of pay and allowances, and travel
and transportation allowances
TITLE 32 -- NATIONAL GUARD
(a) A claim of the United States against a person arising out of an
erroneous payment of any pay or allowances made before, on, or after
October 2, 1972, or arising out of an erroneous payment of travel and
transportation allowances, to or on behalf of a member or former member
of the National Guard, the collection of which would be against equity
and good conscience and not in the best interest of the United States,
may be waived in whole or in part by --
(1) the Comptroller General; or
(2) the Secretary concerned, as defined in section 101(5) of title
37, when --
(A) the claim is in an amount aggregating not more than $1,500;
(B) the claim is not the subject of an exception made by the
Comptroller General in the account of any accountable officer or
official; and
(C) the waiver is made in accordance with standards which the
Comptroller General shall prescribe.
(b) The Comptroller General or the Secretary concerned, as the case
may be, may not exercise his authority under this section to waive any
claim --
(1) if, in his opinion, there exists, in connection with the claim,
an indication of fraud, misrepresentation, fault, or lack of good faith
on the part of the member or any other person having an interest in
obtaining a waiver of the claim; or
(2) if application for waiver is received in his office after the
expiration of three years immediately following the date on which the
erroneous payment was discovered.
(c) A person who has repaid to the United States all or part of the
amount of a claim, with respect to which a waiver is granted under this
section, is entitled, to the extent of the waiver, to refund, by the
department concerned at the time of the erroneous payment, of the amount
repaid to the United States, if he applies to that department for that
refund within two years following the effective date of the waiver. The
Secretary concerned shall pay from current applicable appropriations
that refund in accordance with this section.
(d) In the audit and settlement of accounts of any accountable
officer or official, full credit shall be given for any amounts with
respect to which collection by the United States is waived under this
section.
(e) An erroneous payment, the collection of which is waived under
this section, is considered a valid payment for all purposes.
(f) This section does not affect any authority under any other law to
litigate, settle, compromise, or waive any claim of the United States.
(Added Pub. L. 92-453, 2(1), Oct. 2, 1972, 86 Stat. 759, and amended
Pub. L. 96-513, title V, 515(9), Dec. 12, 1980, 94 Stat. 2937; Pub. L.
99-224, 3(a), Dec. 28, 1985, 99 Stat. 1742; Pub. L. 102-190, div. A,
title VI, 657(c), Dec. 5, 1991, 105 Stat. 1393.)
1991 -- Subsec. (a)(2)(A). Pub. L. 102-190 substituted ''$1,500''
for ''$500''.
1985 -- Pub. L. 99-224, 3(a)(1), substituted ''and travel'' for
''other than travel'' in section catchline.
Subsec. (a). Pub. L. 99-224, 3(a)(2), substituted ''made before, on,
or after October 2, 1972, or arising out of an erroneous payment of
travel and transportation allowances'' for '', other than travel and
transportation allowances, made before or after October 2, 1972''.
Subsec. (b)(2). Pub. L. 99-224, 3(a)(3), struck out ''of pay or
allowances, other than travel and transportation allowances,'' before
''was discovered''.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''October 2, 1972''
for ''the effective date of this section''.
Amendment by Pub. L. 99-224 applicable to any claim arising out of
an erroneous payment of travel and transportation allowances made on or
after Dec. 28, 1985, see section 4 of Pub. L. 99-224, set out as a
note under section 5584 of Title 5, Government Organization and
Employees.
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
33 USC
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Chap. Sec.
1. Navigable Waters Generally 1
2. International Rules for Navigation at Sea (Repealed) 61
3. Navigation Rules for Harbors, Rivers, and Inland Waters Generally
151
4. Navigation Rules for Great Lakes and Their Connecting and
Tributary Waters (Repealed) 241
5. Navigation Rules for Red River of the North and Rivers Emptying
Into Gulf of Mexico and Tributaries (Repealed) 301
5A. Exemption of Navy or Coast Guard Vessels From Certain Navigation
Rules (Repealed) 360
6. General Duties of Ship Officers and Owners After Collision or
Other Accident (Repealed) 361
7. Regulations for the Suppression of Piracy 381
8. Summary Trials for Certain Offenses Against Navigation Laws 391
9. Protection of Navigable Waters and of Harbor and River
Improvements Generally 401
10. Anchorage Grounds and Harbor Regulations Generally 471
11. Bridges Over Navigable Waters 491
12. River and Harbor Improvements Generally 540
13. Mississippi River Commission 641
14. California Debris Commission 661
15. Flood Control 701
16. Lighthouses 711
17. National Ocean Survey 851
18. Longshore and Harbor Workers' Compensation 901
19. Saint Lawrence Seaway 981
20. Pollution of the Sea by Oil (Repealed) 1001
21. International Regulations for Preventing Collisions at Sea
(Repealed) 1051
22. Sea Grant Colleges and Marine Science Development 1101
23. Pollution Control of Navigable Waters (Omitted or Transferred)
1151
24. Vessel Bridge-To-Bridge Communication 1201
25. Ports and Waterways Safety Program 1221
26. Water Pollution Prevention and Control 1251
27. Ocean Dumping 1401
28. Pollution Casualties on the High Seas: United States
Intervention 1471
29. Deepwater Ports 1501
30. International Regulations for Preventing Collisions at Sea 1601
31. Ocean Pollution Research and Development and Monitoring Planning
1701
32. Inland Waterways Trust Fund 1801
33. Prevention of Pollution From Ships 1901
34. Inland Navigational Rules 2001
35. Artificial Reefs 2101
36. Water Resources Development 2201
37. Organotin Antifouling Paint Control 2401
38. Dumping of Medical Waste by Public Vessels 2501
39. Shore Protection from Municipal or Commercial Waste 2601
40. Oil Pollution 2701
33 USC CHAPTER 1 -- NAVIGABLE WATERS GENERALLY
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Sec.
1. Regulations by Secretary of the Army for navigation of waters
generally.
2. Regulations for navigation of South and Southwest Passes of
Mississippi River; penalties.
3. Regulations to prevent injuries from target practice.
4. Water gauges on Mississippi River and tributaries.
5. Abolition of tolls on Government canals, canalized rivers, etc.;
expense of operation, repairs to and reconstruction of canals, etc.;
Panama Canal excepted.
6. Free passage to harbor of Michigan City, Indiana.
7. Use of Government iron pier in Delaware Bay.
8. Toll free rivers in Alabama.
9. Des Moines River as toll free.
10. Waters in Louisiana Purchase as public highways.
11. Authority for compact between Middle Northwest States as to
jurisdiction of offenses committed on boundary waters.
12. Port Arthur Ship Canal.
NAME
21. Bayou Cocodrie, Louisiana.
22. Bayou Meto, Arkansas.
23. Bear Creek, Mississippi.
24. Big Tarkio River, Missouri.
25. Cache River, Arkansas.
26. Calumet River, Cook County, Illinois, old channel.
26a. Additional portion of Calumet River, old channel, abandoned as
navigable water.
26b. Portion of Calumet River, Chicago, as nonnavigable stream.
27. Chicago River at Chicago, Illinois.
27a. Chicago River, West Fork of South Branch.
27b. Chicago River, West arm of South Fork of South Branch.
28. Crum River; old channel at mouth, Delaware Bay.
29. Cuivre River, Missouri.
29a. East River, Wisconsin.
30. Grand River, Missouri, above Brunswick.
31. Iowa River, Iowa, above Toolsboro.
32. Lake George, Mississippi.
33. Little River, Arkansas, from Big Lake to Marked Tree.
34. Mill Slough, Oregon.
35. Mississippi River, West Channel, opposite La Crosse, Wisconsin.
36. Mosquito Creek, South Carolina.
37. Nodaway River, Missouri.
38. Oklawaha River, Florida; Kyle and Young Canal and ''Morrison
Landing extension'' substituted.
39. Ollala Slough, Oregon.
40. One Hundred and Two River, Missouri.
41. Osage River, Missouri.
42. Platte River, Missouri.
43. Saint Marys River, Ohio and Indiana.
44. Sturgeon Bay, Illinois.
45. Swan Creek, Toledo, Ohio.
46. Tchula Lake, Mississippi.
47. Eagle Lake, Louisiana-Mississippi.
48. Noxubee River, Mississippi.
49. Bayou Saint John in New Orleans.
50. Turtle Bay and Turtle Bayou, Texas.
51. Scajaquada Creek, New York.
52. Park River, Connecticut.
53. Benton Harbor Canal, Michigan.
53a. Additional portion of Benton Harbor Canal, abandoned as
navigable water.
54. Burr Creek, Bridgeport, Connecticut.
55. Bayou Savage (or Chantilly) in New Orleans.
56. Fort Point Channel and South Bay, Boston, Massachusetts.
57. Pike Creek, Wisconsin.
58. Acushnet River section of New Bedford and Fairhaven Harbor,
Massachusetts.
59. West River in West Haven, Connecticut.
59a. Back Cove, Portland, Maine.
(a) Portion declared nonnavigable.
(b) Portion abandoned.
(c) Preservation of right to alter, amend or repeal section.
59b. Bayous Terrebonne and LeCarpe, Louisiana.
59c. East River, New York.
59c-1. East and Hudson Rivers, New York.
59c-2. East River, New York.
59d. River Raisin, Michigan.
59e. Bayou Lafourche, Louisiana.
59e-1. Additional portion of Bayou Lafourche, Louisiana.
59f. Boston Inner Harbor and Fort Point Channel, Massachusetts.
59g. Steele and Washington Bayous, and Lake Washington, Mississippi.
59h. Northern Embarcadero area, San Francisco, California.
59i. Patapsco River, Maryland.
59j. Delaware River, Philadelphia County, Pennsylvania; permanent
structures.
59j-1. Declaration of nonnavigability for portions of the Delaware
River.
(a) Area to be declared non-navigable; public interest.
(b) Limits on applicability; regulatory requirements.
(c) Expiration date.
59k. Wicomico River, Maryland.
59l. Nonapplicability of prohibitions and provisions for review and
approval concerning wharves and piers.
59m. Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake
George, New York.
59n. Hudson River, Hudson County, New Jersey.
59n-1. Caven Point, New Jersey.
59o. Hackensack River, Hudson County, New Jersey.
59p. Kenduskeag Stream, Penobscot County, Maine.
59q. Erie Basin, Buffalo Harbor, New York.
59q-1. Union Canal, Outer Buffalo Harbor, New York.
59r. Trent River, Craven County, North Carolina.
59s. Green River, Washington.
59t. Burnham Canal, Milwaukee, Wisconsin.
59u. Lawyer's Ditch, Essex County, New Jersey.
59v. Middle River, Maryland.
(a) Description.
(b) Pierhead and bulkhead line of Dark Head Creek.
(c) Previously authorized projects.
(d) Reservation of rights.
59w. Norton Basin and Jamaica Bay, New York.
59x. Exemption from General Bridge Act of 1946.
(a) Waters declared nonnavigable.
(b) Waters described.
59y. Declaration of nonnavigability for portions of Coney Island
Creek and Gravesend Bay, New York.
(a) Area to be declared non-navigable; public interest.
(b) Limits on applicability; regulatory requirements.
(c) Expiration date.
59z. Declaration of nonnavigability of bodies of water in
Ridgefield, New Jersey.
59aa. Nonnavigability of Wisconsin River.
59bb. Declaration of nonnavigability for portions of Lake Erie.
(a) Area to be declared nonnavigable; public interest.
(b) Limits on applicability; regulatory requirements.
(c) Expiration date.
59cc. Declaration of nonnavigability of portion of Hudson River, New
York.
(a) Declaration of nonnavigability.
(b) Area subject to declaration.
(c) Determination of public interest.
(d) Limitation on applicability of declaration.
(e) Expiration date.
(f) ''Proposed project'' defined.
59dd. Declaration of nonnavigability of portions of Cleveland
Harbor, Ohio.
(a) to (c) Omitted.
(d) Area to be declared nonnavigable; public interest.
(e) Limits on applicability; regulatory requirements.
(f) Expiration date.
59ee. Portion of Sacramento River Barge Canal declared to not be
navigable waters of United States.
59ff. Declaration of nonnavigability for portions of Pelican Island,
Texas.
(a) Descriptions of nonnavigable areas.
(b) Exceptions.
(c) Requirement that areas be improved.
(d) Expiration.
33 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 1. Regulations by Secretary of the Army for navigation of waters
generally
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
It shall be the duty of the Secretary of the Army to prescribe such
regulations for the use, administration, and navigation of the navigable
waters of the United States as in his judgment the public necessity may
require for the protection of life and property, or of operations of the
United States in channel improvement, covering all matters not
specifically delegated by law to some other executive department. Such
regulations shall be posted, in conspicuous and appropriate places, for
the information of the public; and every person and every corporation
which shall violate such regulations shall be deemed guilty of a
misdemeanor and, on conviction thereof in any district court of the
United States within whose territorial jurisdiction such offense may
have been committed, shall be punished by a fine not exceeding $500, or
by imprisonment (in the case of a natural person) not exceeding six
months, in the discretion of the court.
Any regulations prescribed by the Secretary of the Army in pursuance
of this section may be enforced as provided in section 413 of this
title, the provisions whereof are made applicable to the said
regulations.
(Aug. 18, 1894, ch. 299, 4, 28 Stat. 362; June 13, 1902, ch. 1079,
6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, 7, 40 Stat. 266; July
26, 1947, ch. 343, title II, 205(a), 61 Stat. 501.)
The first paragraph of this section is from section 4 of act Aug.
18, 1894, popularly known as the ''River and Harbor Act of 1894'', as
amended.
As originally enacted, said section 4 made it the duty of the
Secretary of War to prescribe rules and regulations for the use,
administration, and navigation of any or all canals and similar works of
navigation owned, operated, or maintained by the United States, and
provided for the posting of such regulations and the punishment of
violations thereof.
Said section 4 was amended by section 11 of act June 13, 1902,
principally by adding to the original section provisions authorizing the
Secretary also to prescribe regulations to govern the speed and movement
of vessels and other water craft in any public navigable channel which
had been improved under authority of Congress, whenever in his judgment
such regulations were necessary to protect such improved channel from
injury or to prevent interference with the operations of the United
States in improving navigable waters or injury to any plant that might
be employed in such operations.
Section 4 was also amended by section 7 of act Aug. 8, 1917, to read
as set forth in the first paragraph hereof.
The last paragraph of this section is from section 6 of act June 13,
1902. Said section 6 is also the source of the last proviso in section
499 of this title.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
Administrative provisions covering definitions which the Coast Guard
uses to examine waters to determine whether the Coast Guard has
jurisdiction on those waters under particular laws of the United States
are set out in chapter I, subchapter A, part 2, of Title 33, Navigation
and Navigable Waters, in the Code of Federal Regulations. Such part 2,
consisting of sections 2.01-1 to 2.10-10, sets out definitions of
jurisdictional terms and provides for the availability of jurisdictional
decisions.
33 USC 2. Regulations for navigation of South and Southwest Passes of
Mississippi River; penalties
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Secretary of the Army is authorized to make such rules and
regulations for the navigation of the South and Southwest Passes of the
Mississippi River as to him shall seem necessary or expedient for the
purpose of preventing any obstruction to the channels through said South
and Southwest Passes and any injury to the works therein constructed.
The term ''South and Southwest Passes'', as employed in this section,
shall be construed as embracing the entire extent of channel in each
case, between the upper ends of the works at the head of the pass and
the outer or sea ends of the jetties at the entrance from the Gulf of
Mexico; and any willful violation of any rule or regulation made by the
Secretary of the Army in pursuance of this section shall be deemed a
misdemeanor, for which the owner or owners, agent or agents, master or
pilot of the vessel so offending shall be separately or collectively
responsible, and on conviction thereof shall be punished by a fine of
not less than $100, nor exceeding $500, or by imprisonment for not
exceeding three months, or by both fine and imprisonment, at the
discretion of the court.
(Mar. 3, 1909, ch. 264, 5, 35 Stat. 818; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
These provisions were part of section 5 of act Mar. 3, 1909,
popularly known as the ''River and Harbor Appropriation Act of 1909''.
These provisions superseded previous similar provisions relating to
the navigation of the South Pass only, contained in act Aug. 11, 1888,
ch. 860, 5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, 3,
26 Stat. 452.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
33 USC 3. Regulations to prevent injuries from target practice
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Authority to adopt regulations -- In the interest of the national
defense, and for the better protection of life and property on the
navigable waters of the United States, the Secretary of the Army is
authorized and empowered to prescribe such regulations as he may deem
best for the use and navigation of any portion or area of the navigable
waters of the United States or waters under the jurisdiction of the
United States endangered or likely to be endangered by Artillery fire in
target practice or otherwise, or by the proving operations of the
Government ordnance proving grounds at Sandy Hook, New Jersey, or at any
Government ordnance proving ground that may be established elsewhere on
or near such waters, and of any portion or area of said waters occupied
by submarine mines, mine fields, submarine cables, or other material and
accessories pertaining to seacoast fortifications, or by any plant or
facility engaged in the execution of any public project of river and
harbor improvement; and the said Secretary shall have like power to
regulate the transportation of explosives upon any of said waters:
Provided, That the authority conferred shall be so exercised as not
unreasonably to interfere with or restrict the food fishing industry,
and the regulations prescribed in pursuance hereof shall provide for the
use of such waters by food fishermen operating under permits granted by
the Department of the Army.
Detail of vessels to enforce regulations -- To enforce the
regulations prescribed pursuant to this section, the Secretary of the
Army, may detail any public vessel in the service of the Department of
the Army, or, upon the request of the Secretary of the Army, the head of
any other department may enforce, and the head of any such department is
authorized to enforce, such regulations by means of any public vessel of
such department.
Posting and violation of regulations -- The regulations made by the
Secretary of the Army pursuant to this section shall be posted in
conspicuous and appropriate places, designated by him, for the
information of the public; and every person who and every corporation
which shall willfully violate any regulations made by the said Secretary
pursuant to this section shall be deemed guilty of a misdemeanor, and
upon conviction thereof in any court of competent jurisdiction shall be
punished by a fine not exceeding $500, or by imprisonment (in the case
of a natural person) not exceeding six months, in the discretion of the
court.
Venue and jurisdiction of offenses; procedure -- Offenses against
the provisions of this section, or any regulation made pursuant thereto,
committed in any Territory or other place subject to the jurisdiction of
the United States where there is no court having general jurisdiction of
crimes against the United States, shall be cognizable in any court of
such place or Territory having original jurisdiction of criminal cases
in the place or Territory in which the offense has been committed, with
the same right of appeal in all cases as is given in other criminal
cases where imprisonment not exceeding six months forms a part of the
penalty, and jurisdiction is conferred upon such courts and such courts
shall exercise the same for such purposes; and in case any such offense
be committed beyond the territorial jurisdiction of any court having
jurisdiction thereof, the offense shall be deemed and held to have been
committed within the jurisdiction in which the offender may be found or
into which he is first brought, and shall be tried by the court having
jurisdiction thereof.
(July 9, 1918, ch. 143, subch. XIX, 1-4, 40 Stat. 892, 893; July 26,
1947, ch. 343, title II, 205(a), 61 Stat. 501.)
Undesignated pars. 1 to 4 of this section are from sections 1 to 4,
respectively, of act July 9, 1918, popularly known as the ''Army
Appropriation Act of 1919''.
Undesignated pars. 1 and 2 of this section superseded similar
provisions of act Aug. 8, 1917, ch. 49, 8, 40 Stat. 266.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
Coast Artillery changed to Artillery under authority of section 306(
a) of act June 28, 1950, ch. 383, title III, 64 Stat. 269. Section
306(a) of act June 28, 1950 was repealed by section 53 of act Aug. 10,
1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted ''Title 10, Armed Forces'' which in section 3063 continued the
Artillery as a basic branch of the Army.
For transfer of certain functions insofar as they pertain to Air
Force, and to extent that they were not previously transferred to
Secretary of the Air Force and Department of the Air Force from
Secretary of the Army and Department of the Army, see Secretary of
Defense Transfer Order No. 40 (App. A(55)), July 22, 1949.
Appeals in minor offenses --
Right to, see section 3402 of Title 18, Crimes and Criminal
Procedure.
Rule governing, see Rule 58, Federal Rules of Criminal Procedure,
Title 18, Appendix.
33 USC 4. Water gauges on Mississippi River and tributaries
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Secretary of the Army is authorized and directed to have water
gauges established, and daily observations made of the rise and fall of
the Mississippi River and its tributaries.
For the purpose of securing the uninterrupted gauging of the waters
of the Mississippi River and its tributaries, as provided for in this
section, upon the application of the Chief of Engineers, the Secretary
of the Army is authorized to draw his warrant or requisition, from time
to time, upon the Secretary of the Treasury for such sums as may be
necessary to do such work, not to exceed in the aggregate for each year
the sum of $9,600.
(R.S. 5252; Aug. 11, 1888, ch. 860, 6, 25 Stat. 424; June 13,
1902, ch. 1079, 9, 32 Stat. 374; July 26, 1947, ch. 343, title II,
205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, 1(15), 68 Stat. 967.)
R.S. 5252 derived from Res. Feb. 21, 1871, No. 40, 16 Stat. 598.
The first paragraph of this section is from R.S. 5252, which, as
enacted, authorized and directed the establishment of water gauges and
the making of daily observations at or in the vicinity of certain
enumerated places, and at such other places as the Secretary of War
might deem advisable. It further provided that the expenditure should
be made from the appropriation for the improvement of rivers and harbors
and that the annual cost of the observations should not exceed $5,000.
These latter provisions were apparently modified by section 6 of act
Aug. 11, 1888, as amended by section 9 of act June 13, 1902, which was
substantially the second paragraph of this section. As originally
enacted, section 6 of act Aug. 11, 1888, provided for the gauging of
the waters of the Lower Mississippi and tributaries, and limited the
cost for each year to the amount appropriated in the act for such
purpose.
1954 -- Act Aug. 30, 1954, repealed proviso requiring that an
itemized statement of expenses incurred in gauging waters of the
Mississippi River and its tributaries, as provided in this section,
should accompany the annual report of the Chief of Engineers.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
classified to section 725a of former Title 31, Money and Finance,
repealed the permanent appropriation under the title ''Gauging waters of
the Mississippi and its tributaries (fiscal year) (8-961.54)'' effective
July 1, 1935, and provided that such portions of any Acts as make
permanent appropriations to be expended under such account are amended
so as to authorize, in lieu thereof, annual appropriations from the
general fund of the Treasury in identical terms and in such amounts as
now provided by the laws providing such permanent appropriations.
33 USC 5. Abolition of tolls on Government canals, canalized rivers,
etc.; expense of operation, repairs to and reconstruction of canals,
etc.; Panama Canal excepted
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
No tolls or operating charges whatever shall be levied upon or
collected from any vessel, dredge, or other water craft for passing
through any lock, canal, canalized river, or other work for the use and
benefit of navigation, now belonging to the United States or that may be
hereafter acquired or constructed; and for the purpose of preserving
and continuing the use and navigation of said canals and other public
works without interruption, the Secretary of the Army, upon the
recommendation of the Chief of Engineers, United States Army, is
authorized to draw his warrant or requisition, from time to time, upon
the Secretary of the Treasury to pay the actual expenses of operating,
maintaining, and keeping said works in repair, which warrants or
requisitions shall be paid by the Secretary of the Treasury out of any
money in the Treasury not otherwise appropriated: Provided, That
whenever, in the judgment of the Secretary of the Army, the condition of
any of the aforesaid works is such that its entire reconstruction is
absolutely essential to its efficient and economical maintenance and
operation as herein provided for, the reconstruction thereof may include
such modifications in plan and location as may be necessary to provide
adequate facilities for existing navigation: Provided further, That the
modifications are necessary to make the reconstructed work conform to
similar works previously authorized by Congress and forming a part of
the same improvement, and that such modifications shall be considered
and approved by the Board of Engineers for Rivers and Harbors and be
recommended by the Chief of Engineers before the work of reconstruction
is commenced: And provided further, That nothing contained in this
section shall be held to apply to the Panama Canal.
(July 5, 1884, ch. 229, 4, 23 Stat. 147; Mar. 3, 1909, ch. 264, 6,
35 Stat. 818; July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501;
Aug. 30, 1954, ch. 1076, 1(15), 68 Stat. 967.)
Section is from act July 5, 1884, popularly known as the ''Rivers and
Harbors Appropriation Act of 1884''.
The section, as originally enacted, was as follows:
''No tolls or operating charges whatsoever shall be levied or
collected upon any vessel or vessels, dredges, or other passing
water-craft through any canal or other work for the improvement of
navigation belonging to the United States; and for the purpose of
preserving and continuing the use and navigation of said canals, rivers,
and other public works without interruption, the Secretary of War, upon
the application of the chief engineer in charge of said works, is hereby
authorized to draw his warrant or requisition from time to time upon the
Secretary of the Treasury to pay the actual expenses of operating and
keeping said works in repair, which warrants or requisitions shall be
paid by the Secretary of the Treasury, out of any money in the Treasury
not otherwise appropriated: Provided, however, That an itemized
statement of said expenses shall accompany the annual report of the
chief of engineers.''
It was amended by act March 3, 1909, to read substantially as set
forth above.
1954 -- Act Aug. 30, 1954, repealed last proviso requiring that an
itemized statement of expenses incurred in operating, maintaining,
keeping in repair, and reconstructing locks, canals, etc., other than
the Panama Canal, as provided in this section, should accompany the
annual report of the Chief of Engineers.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
classified to section 725a of former Title 31, Money and Finance,
repealed the permanent appropriation under the title ''Operating and
care of canals and other works of navigation (8x881)'' effective July 1,
1935, and provided that such portions of any Acts as make permanent
appropriations to be expended under such account are amended so as to
authorize, in lieu thereof, annual appropriations from the general fund
of the Treasury in identical terms and in such amounts as now provided
by the laws providing such permanent appropriations.
33 USC 6. Free passage to harbor of Michigan City, Indiana
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The passage of vessels to and from the harbor of Michigan City, in
Indiana, shall be free and not subject to toll or charge.
(R.S. 5247.)
R.S. 5247 derived from acts June 23, 1866, ch. 138, 1, 14 Stat.
73; Mar. 2, 1867, ch. 144, 2, 14 Stat. 421.
33 USC 7. Use of Government iron pier in Delaware Bay
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Government iron pier in Delaware Bay near Lewes, Delaware, shall
be open to public use under regulations to be prescribed by the
Secretary of the Army.
(July 27, 1916, ch. 260, 1, 39 Stat. 394; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Section is from act July 27, 1916, popularly known as the ''Rivers
and Harbors Appropriation Act of 1916''.
A further provision of act July 27, 1916, repealed act Mar. 3, 1891,
ch. 542, 26 Stat. 969, which authorized a transfer of the iron pier to
the Treasury Department.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
33 USC 8. Toll free rivers in Alabama
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the
State of Alabama, shall be forever free from toll for all property
belonging to the United States, and for all persons in their service,
and for all citizens of the United States, except as to such tolls as
may be allowed by Act of Congress.
(R.S. 5244.)
R.S. 5244 derived from act May 23, 1828, ch. 75, 7, 4 Stat. 290.
33 USC 9. Des Moines River as toll free
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Des Moines River shall forever remain free from any toll, or
other charge whatever, for any property of the United States, or persons
in their service, passing along the same.
(R.S. 5246.)
R.S. 5246 derived from acts Aug. 8, 1846, ch. 103, 3, 9 Stat. 78;
Jan. 20, 1870, ch. 7, 16 Stat. 61.
33 USC 10. Waters in Louisiana Purchase as public highways
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
All the navigable rivers and waters in the former Territories of
Orleans and Louisiana shall be and forever remain public highways.
(R.S. 5251.)
R.S. 5251 derived from act Mar. 3, 1811, ch. 46, 12, 2 Stat. 606.
Bayou Cocodrie, Louisiana, declared nonnavigable, see section 21 of
this title.
33 USC 11. Authority for compact between Middle Northwest States as to
jurisdiction of offenses committed on boundary waters
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The consent of the Congress is given to the States of North Dakota,
South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or
more of them, by such agreement or compact as they may deem desirable or
necessary, or as may be evidenced by legislative acts enacted by any two
or more of said States, not in conflict with the Constitution of the
United States or any law thereof, to determine and settle the
jurisdiction to be exercised by said States, respectively, over offenses
arising out of the violation of the laws of any of said States upon any
of the waters forming the boundary lines between any two or more of said
States, or waters through which such boundary line extends, and that the
consent of the Congress be, and the same is, given to the concurrent
jurisdiction agreed to by the States of Minnesota and South Dakota, as
evidenced by the act of the Legislature of the State of Minnesota
approved April 20, 1917, and the act of the Legislature of the State of
South Dakota approved February 13, 1917.
(Mar. 4, 1921, ch. 176, 41 Stat. 1447.)
This section is from a resolution entitled a ''Joint Resolution
giving consent of the Congress of the United States to the States of
North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or
any two or more of said States, to agree upon the jurisdiction to be
exercised by said States over boundary waters between any two or more of
said States''.
33 USC 12. Port Arthur Ship Canal
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
After there shall be conveyed to the United States, free of cost, a
valid title to the line of water communication between Taylors Bayou and
Sabine Pass, in the State of Texas, known as the Port Arthur Ship Canal,
together with a valid title to the turning basin as existing June 19,
1906, and to the artificial slip on which the lumber dock of the Port
Arthur Canal and Dock Company is built, the said waterways shall
thereupon become free public waters of the United States, and be subject
to the laws enacted by Congress for the maintenance, preservation,
protection, and regulation of navigable waters: Provided, That the
company or corporation conveying title to said canal as aforesaid shall
also convey to the United States, free of cost, the fee to a strip of
land one hundred and fifty feet wide along the westerly margin of the
canal, except that where the right of way of the Southern Pacific
Railroad Company prevents the transfer of such strip of land along the
westerly margin of said canal there shall be conveyed such strip on the
easterly margin thereof as may be necessary to make up such one hundred
and fifty feet of width, with the reservation that until Congress shall
have authorized and provided for the enlargement and widening of said
canal the said company or corporation, its successors or assigns, shall
have the right to control, occupy, and use the said strip of land and
every part thereof in the same manner and to the same extent as before
the execution and delivery of the conveyance, and also the right to
transfer, lease, sell, quitclaim, or otherwise dispose of said property
and every part thereof, subject to the grant made to the United States.
The charges for the use of said docks and wharves shall be just and
reasonable and shall not be greater than charges for similar services at
other ports of the United States on the Gulf of Mexico.
(June 19, 1906, ch. 3436, 1, 34 Stat. 302.)
This section is from a proviso following provisions establishing an
additional collection district in the State of Texas to be known as the
district of Sabine; the establishment of the said district being
conditioned on the making of the conveyance referred to in this section.
Further provisions of the said proviso authorizing the Secretary of
War to accept the said waterways as the property of the United States,
and directing that the Act take effect only when the requirements of the
section be fully complied with to the satisfaction of the Secretary of
War, have been omitted as executed and obsolete.
33 USC SUBCHAPTER II -- WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 21. Bayou Cocodrie, Louisiana
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Bayou Cocodrie, from its source to its junction with Bayou Chicot, in
the State of Louisiana, is declared to be not a navigable water of the
United States within the meaning of the laws enacted by the Congress for
the preservation and protection of such waters.
The right to alter, amend, or repeal this section is expressly
reserved.
(Feb. 25, 1921, ch. 71, 1, 2, 41 Stat. 1145.)
The first sentence hereof is section 1 and the second sentence
section 2 of act Feb. 25, 1921, entitled ''An Act to declare Bayou
Cocodrie nonnavigable from its source to its junction with Bayou
Chicot''.
33 USC 22. Bayou Meto, Arkansas
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Bayou Meto, in the State of Arkansas, is declared to be a
nonnavigable stream within the meaning of the Constitution and laws of
the United States.
(Aug. 8, 1917, ch. 49, 16, 40 Stat. 268.)
33 USC 23. Bear Creek, Mississippi
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Bear Creek in Humphreys, Leflore, and Sunflower Counties, in the
State of Mississippi, is declared to be a nonnavigable stream within the
meaning of the Constitution and the laws of the United States.
The right of Congress to alter, amend, or repeal this section is
expressly reserved.
(Mar. 3, 1923, ch. 229, 1, 2, 42 Stat. 1442.)
The first sentence hereof is section 1 and the last sentence section
2 of act Mar. 3, 1923, entitled ''An Act declaring Bear Creek in
Humphreys, Leflore, and Sunflower counties, Mississippi, to be a
nonnavigable stream''.
33 USC 24. Big Tarkio River, Missouri
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Big Tarkio River, in the counties of Holt and Atchison, in the
State of Missouri, is declared to be not a navigable water of the United
States within the meaning of the laws enacted by Congress for the
preservation and protection of such waters.
The right to alter, amend, or repeal this section is expressly
reserved.
(Feb. 15, 1910, ch. 33, 1, 2, 36 Stat. 194.)
The first sentence hereof is section 1 and the last sentence section
2 of act Feb. 15, 1910, entitled ''An Act to declare Big Tarkio River,
in Holt and Atchison counties, Missouri, nonnavigable''.
33 USC 25. Cache River, Arkansas
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Cache River in the State of Arkansas is declared to be a
nonnavigable stream within the meaning of the Constitution and laws of
the United States. This provision shall become void after one year from
July 27, 1916, unless within said period the Legislature of Arkansas
shall pass an act expressly approving this declaration. The right of
the Congress to alter, amend, or repeal this section is expressly
reserved.
(July 27, 1916, ch. 260, 1, 39 Stat. 399.)
Section was a provision of section 1 of act July 27, 1916, popularly
known as the ''Rivers and Harbors Appropriation Act of 1916''.
See Arkansas Laws 1917, ch. 2, act 406.
33 USC 26. Calumet River, Cook County, Illinois, old channel
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the old channel of the Calumet River in the northwest
quarter of section thirty, township thirty-seven north, range fifteen
east, of the third principal meridian, in Cook County, Illinois, which
lies outside of the new channel lines as established by the United
States and shown on ''Map of the Calumet River, Illinois, from Lake
Michigan to Calumet Lake, to accompany report of W. G. Ewing, United
States attorney to the Attorney-General, respecting cession of right of
way for improvement of said river under Act of Congress approved July
fifth, eighteen hundred and eighty-four,'' is hereby abandoned as
navigable water from and after the time that a navigable channel shall
be cut through said quarter section within the new channel lines of the
river as shown on the said map.
The portion of the old channel of the Calumet River in the north
quarter of fractional section 7, township 37 north, range 15 east, of
the third principal meridian, south of the Indian boundary line, in Cook
County, Illinois, which lies outside of the new channel lines as
established by the United States and shown on ''map of the Calumet
River, Illinois, from Lake Michigan to Calumet Lake, to accompany report
of W. G. Ewing, United States attorney, to the Attorney General,
respecting cession of right of way for improvement of said river, under
Act of Congress approved July 5, 1884'', is abandoned as navigable
water.
(Apr. 21, 1904, ch. 1409, 33 Stat. 239, 240; Feb. 27, 1915, ch. 68,
38 Stat. 817.)
Act of Congress approved July 5, 1884, referred to in text, is act
July 5, 1884, ch. 229, 23 Stat. 143, which provided in part for the
appropriation of $50,000 for the continuing improvement of the Calumet
River, provided that no part of such appropriation be expended until the
right of way should have been conveyed to the United States, free from
expense, and the United States released from liability to adjacent
property owners, to the satisfaction of the Secretary of War.
33 USC 26a. Additional portion of Calumet River, old channel, abandoned
as navigable water
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the old channel of the Calumet River in sections
eighteen and nineteen, township thirty-seven north, range fifteen east,
of the third principal meridian, in Cook County, Illinois, which lies
outside of the new channel lines established by the United States and
shown on the map referred to in section 26 of this title, and which lies
outside of the exterior limits of the turning basin to be established on
said Calumet River in said sections, is abandoned as navigable water of
the United States from and after the time when the United States shall
have secured title to the land necessary for the establishment of the
turning basin at some point, to be approved by the Chief of Engineers,
between One hundred and thirteenth Street and One hundred and
seventeenth Street in the city of Chicago.
(Mar. 4, 1913, ch. 144, 1, 37 Stat. 816.)
33 USC 26b. Portion of Calumet River, Chicago, as nonnavigable stream
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the Calumet River, in the city of Chicago, county of
Cook, State of Illinois, lying between the intersections of this river
with the two lines described below, is a nonnavigable stream within the
meaning of the Constitution and laws of the United States:
Beginning at a point on the south line of the north half of section
36, township 37 north, range 14 east, of the third principal meridian,
one thousand eight hundred and seventy-three and seven-hundredths feet
west of the east line of said section; thence northwesterly on a
straight line to a point three thousand two hundred and eighty feet west
of the east line and seven hundred and eighty-five feet south of the
north line of said section; and
Beginning at a point five hundred and eighty-five feet east of the
west line and seven hundred and thirty-two feet north of the south line
of section 31, township 37 north, range 15 east, of the third principal
meridian; thence north forty-six degrees and thirty minutes east along
a straight line to the easterly water's edge of said river.
The right to alter, amend, or repeal this section is expressly
reserved.
(June 14, 1937, ch. 338, 2, 3, 50 Stat. 258, 259.)
33 USC 27. Chicago River at Chicago, Illinois
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
All of that portion of the West Fork of the South Branch of the
Chicago River in the county of Cook and State of Illinois, extending
west from the west line of the collateral channel of the sanitary
district of Chicago, in the northwest quarter of section 36, township 39
north, range 13 east, of the third principal meridian, is declared to be
a nonnavigable stream within the meaning of the Constitution and laws of
the United States. The right of Congress to alter, amend, or repeal
this provision is expressly reserved.
The provisions of sections 401 and 403 of this title shall not apply
to that portion of the west arm of the South Fork of the South Branch of
the Chicago River, lying between the east line of Ashland Avenue and the
north line of Thirty-ninth Street, in the city of Chicago, Illinois, as
the same now exists or may hereafter be extended. All rights,
authority, or control over that part of the Chicago River possessed or
assumed by the United States are relinquished and abandoned, and all
rights, authority, or control over the same that were possessed by the
State of Illinois are fully restored to said State.
As soon as the city of Chicago, or any other governmental agency or
any corporation thereunto duly authorized by the Secretary of the Army,
shall have constructed, after June 7, 1924, a new channel for the South
Branch of the Chicago River between West Polk Street and West Nineteenth
Street in said city of Chicago, then, and in that event, so much of the
channel of the South Branch of the Chicago River as shall be superseded
and replaced by said new channel in accordance with the permit of the
Secretary of the Army shall be discontinued and abandoned.
(Jan. 24, 1923, ch. 33, 1, 2, 42 Stat. 1171; Feb. 27, 1923, ch.
142, 42 Stat. 1323; June 7, 1924, ch. 337, 43 Stat. 646; July 26,
1947, ch. 343, title II, 205(a), 61 Stat. 501.)
The two sentences comprising the first paragraph of this section are,
respectively, sections 1 and 2 of act Jan. 24, 1923.
The second paragraph of this section is from act Feb. 27, 1923.
The last paragraph of this section is from act June 7, 1924.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
33 USC 27a. Chicago River, West Fork of South Branch
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of the West Fork of the South Branch of the Chicago
River in Cook County, Illinois, lying between the west line (produced
north) of the Collateral Channel of the Sanitary District of Chicago, in
the northwest quarter of section 36, township 39 north, range 13 east,
third principal meridian, and a line one thousand three hundred feet
east of and parallel to the west line of section 30 (section line in
South Western Avenue), township 39 north, range 13 east, third principal
meridian, in the city of Chicago, Illinois, as the same now exists or
may hereafter be extended, is declared to be a nonnavigable stream
within the meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly
reserved.
(Aug. 30, 1935, ch. 831, 10, 49 Stat. 1048.)
33 USC 27b. Chicago River, West arm of South Fork of South Branch
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the west arm of the South Fork of the South Branch of
the Chicago River, as established by the ordinance of the city of
Chicago on July 17, 1911, in the southwest quarter of section 32,
township 39 north, range 14 east of the third principal meridian, in the
city of Chicago, county of Cook, State of Illinois, lying westerly of a
straight line drawn from a point in south dock line of the said west arm
203.94 feet westerly of the point of intersection of the south dock line
of the said west arm with the west dock line of the east arm of the
South Fork of the South Branch of the Chicago River as established by
said city of Chicago ordinance of July 17, 1911, measured along the
south dock line of said west arm, thence to a point in the north dock
line of the said west arm said point being 278 feet westerly of the
intersection of the north dock line of the said west arm with the west
dock line of the South Fork of the South Branch of the Chicago River as
established by said city of Chicago ordinance of July 17, 1911, measured
along the north dock line of said west arm of the South Fork of the
South Branch of the Chicago River, is declared to be and is on and after
September 1, 1959 to be regarded as a nonnavigable water of the United
States within the meaning of the Constitution and laws of the United
States: Provided, That plans for a suitable bulkhead to retain any fill
to be placed in the waterway shall be submitted to and approved by the
Corps of Engineers, United States Army, prior to the placing of such
fill.
(Pub. L. 86-218, Sept. 1, 1959, 73 Stat. 448.)
33 USC 28. Crum River; old channel at mouth, Delaware Bay
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
After the channel of the Crum River where the same empties into the
Delaware River has been changed, diverted, and straightened under the
authority given to Alba B. Johnson and Samuel M. Vauclain and the
Baldwin Locomotive Works by Act July 27, 1916, chapter 260, the said
Crum River, as so straightened, shall be a public navigable stream, and
the course and channel of the said river, as it existed July 27, 1916,
from the right-of-way of the Philadelphia and Reading Railway Company to
the low-water line in the Delaware River shall be abandoned and vacated
when the above-mentioned new channel shall have been completed to a
depth of four feet at mean low water, with a bottom width of sixty-two
feet and width of one hundred feet at mean low-water level: Provided,
That the Government shall have such right, title, and interest in and to
the bed of said new channel as will assure the public the right to the
perpetual use of said channel for all the purposes of navigation and
commerce.
(July 27, 1916, ch. 260, 1, 39 Stat. 393.)
Act July 27, 1916, chapter 260, referred to in text, is act July 27,
1916, ch. 260, 39 Stat. 393, which is classified to sections 7, 25,
28, 38, 424, and 648 to 650 of this title. For complete classification
of this Act to the Code, see Tables.
Section is from a provision of section 1 of act July 27, 1916,
popularly known as the ''Rivers and Harbors Appropriation Act of 1916''.
The portion of that section authorizing the changing, diverting, and
straightening of the channel of the river has been omitted as temporary
and executed.
33 USC 29. Cuivre River, Missouri
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Cuivre River, in the counties of Lincoln and Saint Charles, in the
State of Missouri, being the dividing line, is declared not to be a
navigable stream, and shall be so treated by the Secretary of the Army
and all other authorities.
(Mar. 23, 1900, ch. 88, 31 Stat. 50; July 26, 1947, ch. 343, title
II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
33 USC 29a. East River, Wisconsin
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
All of that portion of the East River, in the county of Brown, State
of Wisconsin, extending from Baird Street, in the city of Green Bay,
east and south is declared to be a nonnavigable stream within the
meaning of the Constitution and Laws of the United States of America.
The right of Congress to alter, amend or repeal this section is
expressly reserved.
(Aug. 30, 1935, ch. 831, 9, 49 Stat. 1048.)
33 USC 30. Grand River, Missouri, above Brunswick
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Grand River in the State of Missouri above the city of Brunswick, in
the county of Chariton in said State, is declared to be not a navigable
stream and shall be so treated by the Secretary of the Army and by all
other authorities.
(Feb. 15, 1905, ch. 574, 33 Stat. 715; July 26, 1947, ch. 343, title
II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
33 USC 31. Iowa River, Iowa, above Toolsboro
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
So much of the Iowa River within the State of Iowa, as lies north of
the town of Wapello, and so much of the said river within the State of
Iowa, as lies between the town of Toolsboro and the town of Wapello, in
the county of Louisa, shall not be deemed a navigable river or public
highway, but dams and bridges may be constructed across it.
(R.S. 5248; Aug. 18, 1894, ch. 299, 1, 28 Stat. 356.)
R.S. 5248 derived from Res. July 13, 1868, No. 55, 15 Stat. 257;
act May 6, 1870, ch. 92, 16 Stat. 121.
The portion of this section relating to the Iowa river north of the
town of Wapello is from R.S. 5248.
The remainder the section, relating to so much of the river as lies
between Toolsboro and Wapello, is from act Aug. 18, 1894.
33 USC 32. Lake George, Mississippi
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Lake George, in Yazoo County, in the State of Mississippi, is
declared to be not a navigable water of the United States within the
meaning of the laws enacted by the Congress for the preservation and
protection of such waters.
The right of Congress to alter, amend, or repeal this section is
expressly reserved.
(May 24, 1922, ch. 198, 1, 2, 42 Stat. 552.)
The two sentences comprising this section are respectively sections 1
and 2 of act May 24, 1922, entitled ''An act declaring Lake George,
Yazoo County, Mississippi, to be a nonnavigable stream''.
33 USC 33. Little River, Arkansas, from Big Lake to Marked Tree
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Little River, from Big Lake in Mississippi County to Marked Tree in
Poinsett County, Arkansas, is declared to be not a navigable waterway of
the United States within the meaning of the laws enacted by Congress for
the protection of such waterways.
(Mar. 2, 1919, ch. 95, 4, 40 Stat. 1287.)
Section is from section 4 of act Mar. 2, 1919, popularly known as
the ''Rivers and Harbors Appropriation Act of 1919''.
33 USC 34. Mill Slough, Oregon
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Mill Slough, a tidal tributary of Coos Bay, lying within the limits
of the city of Marshfield, State of Oregon, is declared to be not a
navigable waterway of the United States, within the meaning of the laws
enacted by Congress for the preservation and protection of such
waterways, and the consent of Congress is given to the filling in of
said slough by the said city of Marshfield.
(Oct. 23, 1913, ch. 33, 38 Stat. 233.)
33 USC 35. Mississippi River, West Channel, opposite La Crosse,
Wisconsin
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The branch of the Mississippi River flowing between Grand Island and
the mainland opposite the city of La Crosse, State of Wisconsin, and
known as the West Channel, is declared unnavigable, and the said city of
La Crosse is relieved of the necessity of maintaining a draw or pontoon
bridge over said West Channel.
(Feb. 23, 1901, ch. 470, 31 Stat. 804.)
33 USC 36. Mosquito Creek, South Carolina
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Mosquito Creek, in Colleton County, South Carolina, is declared to be
a nonnavigable stream within the meaning of the Constitution and laws of
the United States.
(Aug. 8, 1917, ch. 49, 15, 40 Stat. 268.)
33 USC 37. Nodaway River, Missouri
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Nodaway River, in the counties of Andrew, Holt, and Nodaway, in the
State of Missouri, is declared to be not a navigable water of the United
States within the meaning of the laws enacted by Congress for the
preservation and protection of such waters.
The right to alter, amend, or repeal this section is expressly
reserved.
(Feb. 15, 1910, ch. 32, 1, 2, 36 Stat. 194.)
33 USC 38. Oklawaha River, Florida; Kyle and Young Canal and
''Morrison Landing extension'' substituted
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Upon the conveyance to the United States, free of cost, title to the
land occupied by what is known as the ''Kyle and Young Canal'' and the
''Morrison Landing extension'' of the same, on the Oklawaha River, in
the State of Florida, together with title to a strip of land on the east
side of said canal of such width as in the judgment of the Secretary of
the Army may be required for the future widening of said canal and
extension by the United States, the said canal and extension shall
become a free public waterway of the United States in place of the
natural bed of the river.
(July 27, 1916, ch. 260, 1, 39 Stat. 396; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
33 USC 39. Ollala Slough, Oregon
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
All of that portion of Ollala Slough in Lincoln County, Oregon, above
a point where a line that is one hundred and twenty rods south and
running east and west and parallel with the section line between
sections 8 and 17 in township 11 south, range 10 west of the Willamette
meridian, crosses said stream, is declared to be a nonnavigable stream.
(Feb. 26, 1917, ch. 119, 39 Stat. 937.)
33 USC 40. One Hundred and Two River, Missouri
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
One Hundred and Two River south of the north boundary line of Andrew
County, Missouri, as now located, is declared to be not a navigable
water of the United States within the meaning of the laws enacted by
Congress for the preservation and protection of such waters.
The right to alter, amend, or repeal this section is expressly
reserved.
(Feb. 15, 1910, ch. 31, 1, 2, 36 Stat. 194.)
33 USC 41. Osage River, Missouri
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Osage River in the State of Missouri above the point where the
south line of sections 15 and 16 in township 40 north, of range 22 west,
of the fifth principal meridian, and in the county of Benton, State of
Missouri, crosses said river, is declared not to be a navigable stream,
and shall be so treated by the Secretary of the Army and by all other
authorities.
(Mar. 4, 1904, ch. 393, 33 Stat. 58; July 26, 1947, ch. 343, title
II, 205(a), 61 Stat. 501.)
This section superseded act June 24, 1902, ch. 1154, 32 Stat. 398,
which declared that the Osage River above the point where the dividing
line between the counties of Benton and Saint Clair crosses the river
should not be a navigable stream.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
33 USC 42. Platte River, Missouri
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Platte River in the State of Missouri is declared to be a
nonnavigable stream within the meaning of the Constitution and laws of
the United States, and jurisdiction over said river is declared to be
vested in the State of Missouri.
The right of Congress to alter, amend, or repeal this section is
expressly reserved.
(Feb. 16, 1921, ch. 62, 1, 2, 41 Stat. 1105.)
The two sentences of this section are, respectively, from sections 1
and 2 of act Feb. 16, 1921, entitled ''An Act declaring the Platte
River to be a nonnavigable stream''.
33 USC 43. Saint Marys River, Ohio and Indiana
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Saint Marys River, Ohio and Indiana, is declared to be a nonnavigable
stream within the meaning of the Constitution and laws of the United
States.
(Aug. 8, 1917, ch. 49, 17, 40 Stat. 268.)
33 USC 44. Sturgeon Bay, Illinois
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
So much of the west fork of Sturgeon Bay within the county of Mercer
and State of Illinois as lies west of the line between the east half and
the west half of the east half of section 25, in township 14 north,
range 6 west of the fourth principal meridian, and so much of the east
fork of said Sturgeon Bay as lies north of the north line of section 30,
in township 14 north, range 5 west of the fourth principal meridian,
shall not be deemed navigable waters of the United States.
(Feb. 7, 1907, No. 13, 34 Stat. 1421.)
33 USC 45. Swan Creek, Toledo, Ohio
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Swan Creek, a stream lying within the limits of the city of Toledo,
State of Ohio, is declared to be not a navigable waterway of the United
States within the meaning of the laws enacted by Congress for the
preservation and protection of such waterways, and the consent of
Congress is given for the filling in of said creek by the local
authorities.
(Mar. 4, 1915, ch. 142, 13, 38 Stat. 1055.)
Section is from act Mar. 4, 1915, popularly known as the ''Rivers
and Harbors Appropriation Act of 1915''.
33 USC 46. Tchula Lake, Mississippi
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Tchula Lake, in Holmes County, in the State of Mississippi, is
declared to be a nonnavigable stream within the meaning of the
Constitution and laws of the United States.
The right of Congress to alter, amend, or repeal this section is
expressly reserved.
(July 1, 1922, ch. 266, 1, 2, 42 Stat. 816.)
The two sentences comprising this section are, respectively, sections
1 and 2 of act July 1, 1922, entitled ''An act declaring Tchula Lake,
Holmes County, Mississippi, to be a nonnavigable stream''.
33 USC 47. Eagle Lake, Louisiana-Mississippi
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Eagle Lake, which lies partly within the limits of the State of
Mississippi, in Warren County, and partly within the limits of the State
of Louisiana, in Madison Parish, is declared to be a nonnavigable stream
within the meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly
reserved.
(June 2, 1926, ch. 445, 1, 2, 44 Stat. 681.)
33 USC 48. Noxubee River, Mississippi
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of the Noxubee River in Noxubee County, in the State of
Mississippi is declared to be a nonnavigable stream within the meaning
of the Constitution and laws of the United States.
The right of Congress to amend or repeal this section is expressly
reserved.
(Feb. 24, 1934, ch. 25, 1, 2, 48 Stat. 356.)
33 USC 49. Bayou Saint John in New Orleans
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Bayou Saint John, in the city of New Orleans, Louisiana, is declared
to be not a navigable water of the United States within the meaning of
the laws enacted by Congress for the preservation and protection of such
waters.
The right to alter, amend, or repeal this section is expressly
reserved.
(June 5, 1936, ch. 530, 1, 2, 49 Stat. 1484.)
33 USC 50. Turtle Bay and Turtle Bayou, Texas
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Turtle Bay and Turtle Bayou, in Chambers County, in the State of
Texas, are declared to be nonnavigable waterways within the meaning of
the Constitution and laws of the United States of America.
The existing project for Turtle Bayou, Texas, authorized by the
Rivers and Harbors Act approved June 25, 1910 (Act June 25, 1910, ch.
382, 36 Stat. 630), is abandoned.
The right of Congress to alter, amend, or repeal this section is
expressly reserved.
(Mar. 10, 1937, ch. 36, 1-3, 50 Stat. 28.)
The Rivers and Harbors Act approved June 25, 1910, referred to in
text, is act June 25, 1910, ch. 382, 36 Stat. 630, as amended, which
is classified to sections 546, 564, and 643 of this title. For complete
classification of this Act to the Code, see Tables.
33 USC 51. Scajaquada Creek, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Scajaquada Creek, Erie County, New York, is declared to be
nonnavigable east of a line one hundred and thirty feet west of the west
line of Niagara Street, city of Buffalo, county of Erie, New York,
within the meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly
reserved.
(May 14, 1937, ch. 183, 1, 2, 50 Stat. 165.)
33 USC 52. Park River, Connecticut
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Park River, a minor tributary of the Connecticut River, located
in Hartford County, Connecticut, is declared to be a nonnavigable
waterway within the meaning of the Constitution and laws of the United
States of America.
The right of Congress to alter, amend, or repeal this section is
expressly reserved.
(May 24, 1937, ch. 246, 1, 2, 50 Stat. 201.)
33 USC 53. Benton Harbor Canal, Michigan
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Benton Harbor Canal at and above the west line of Ninth Street,
in the city of Benton Harbor and State of Michigan, is declared to be
not a navigable water of the United States within the meaning of the
Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly
reserved.
(June 2, 1937, ch. 288, 1-3, 50 Stat. 243.)
33 USC 53a. Additional portion of Benton Harbor Canal, abandoned as
navigable water
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Benton Harbor Canal, from the west line of Ninth Street extended
northerly to the west line of Riverview Drive extended northerly in the
city of Benton Harbor and State of Michigan, be, and the same is hereby,
declared to be not a navigable water of the United States within the
meaning of the Constitution and laws of the United States.
(Pub. L. 88-88, 1, Aug. 5, 1963, 77 Stat. 118.)
33 USC 54. Burr Creek, Bridgeport, Connecticut
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of Burr Creek in the city of Bridgeport, Connecticut,
lying north of a line across the creek beginning at the point of
intersection of the south side of Yacht Street extended and the west
harbor line of the harbor lines established by the Secretary of War
December 9, 1924, thence south eighty-five degrees forty-six minutes
seventeen seconds east to the east harbor line of said creek, is
declared to be not a navigable water of the United States within the
meaning of the Constitution and laws of the United States.
Any project heretofore authorized by any Act of Congress, insofar as
such project relates to the above described portion of Burr Creek in the
city of Bridgeport, Connecticut, is abandoned.
The right to alter, amend, or repeal this section is expressly
reserved.
(Aug. 12, 1937, ch. 607, 50 Stat. 632; July 26, 1947, ch. 343, title
II, 205(a), 61 Stat. 501.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
33 USC 55. Bayou Savage (or Chantilly) in New Orleans
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Bayou Savage, also styled Bayou Chantilly, in the city of New
Orleans, Louisiana, is declared to be a nonnavigable waterway within the
meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly
reserved.
(Aug. 16, 1937, ch. 650, 50 Stat. 649.)
33 USC 56. Fort Point Channel and South Bay, Boston, Massachusetts
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the tidewaters in the waterway in which is located
Fort Point Channel and South Bay in the city of Boston, Massachusetts,
lying above the easterly side of the highway bridge over Fort Point
Channel at Dorchester Avenue in the city of Boston is declared to be a
nonnavigable water of the United States within the meaning of the
Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly
reserved.
(May 13, 1955, ch. 37, 69 Stat. 48.)
33 USC 57. Pike Creek, Wisconsin
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Pike Creek, in the State of Wisconsin, above the easterly side of the
highway bridge at Sixth Avenue in the city of Kenosha is declared to be
a nonnavigable stream within the meaning of the Constitution and laws of
the United States.
The right to alter, amend, or repeal this section is expressly
reserved.
(July 26, 1955, ch. 377, 69 Stat. 373.)
33 USC 58. Acushnet River section of New Bedford and Fairhaven Harbor,
Massachusetts
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the waterway in the city of New Bedford and the towns
of Fairhaven and Acushnet lying north of the Coggeshall Street Bridge
(north 41 degrees 31 minutes 00 seconds), is declared to be a
nonnavigable water of the United States within the meaning of the
Constitution and laws of the United States. Any project heretofore
authorized by any Act of Congress, insofar as such project relates to
the above-described portions of the Acushnet River section of New
Bedford and Fairhaven Harbor, is hereby abandoned.
The right to alter, amend, or repeal this section is expressly
reserved.
(Aug. 3, 1955, ch. 495, 69 Stat. 443.)
33 USC 59. West River in West Haven, Connecticut
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the waterway in which is located the West River in the
town of West Haven, Connecticut, and the city of New Haven, Connecticut,
lying northerly of a line extending north 85 degrees 54 minutes 43.5
seconds east, from a point (1,158.535 feet from the most westerly corner
of the existing bulkhead and pier line) whose coordinates in the Corps
of Engineers Harbor Line System are north 4,616.76 and west 9,450.80, is
declared to be a nonnavigable water of the United States within the
meaning of the Constitution and laws of the United States.
The line hereinbefore described shall be established as a combined
pierhead and bulkhead line of the West River.
Any project heretofore authorized by an Act of Congress, insofar as
such project relates to the above-described portion of the West River,
is hereby abandoned.
The right to alter, amend, or repeal this section is expressly
reserved.
(Aug. 9, 1955, ch. 649, 69 Stat. 576.)
33 USC 59a. Back Cove, Portland, Maine
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Portion declared nonnavigable
That portion of Back Cove at Portland, Maine, lying southerly of a
line across the twelve-foot Federal project channel in Back Cove
twenty-five hundred feet upstream from the Tukey Bridge, to the head of
Back Cove, is declared to be a nonnavigable water of the United States
within the meaning of the Constitution and laws of the United States.
(b) Portion abandoned
That portion of the twelve-foot Federal project channel in Back Cove
lying southerly of a line across the channel twenty-five hundred feet
upstream from the Tukey Bridge, to the head of Back Cove, a distance of
approximately thirty-five hundred feet, is abandoned.
(c) Preservation of right to alter, amend or repeal section
The right to alter, amend, or repeal this section is expressly
reserved.
(Pub. L. 85-126, Aug. 13, 1957, 71 Stat. 344.)
33 USC 59b. Bayous Terrebonne and LeCarpe, Louisiana
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Bayou Terrebonne west of Barrow Street and Bayou LeCarpe west of the
Intracoastal Waterway in the city of Houma, State of Louisiana, are
declared to be not navigable waters of the United States within the
meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly
reserved.
(Pub. L. 86-226, 2, 3, Sept. 8, 1959, 73 Stat. 455.)
33 USC 59c. East River, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of the East River, in New York County, State of New
York, lying between the south line of East Seventeenth Street, extended
eastwardly, the United States pierhead line as it existed on July 1,
1965, and the south line of East Thirtieth Street, extended eastwardly,
is hereby declared to be not a navigable water of the United States
within the meaning of the Constitution and the laws of the United
States.
(Pub. L. 89-298, title III, 307, Oct. 27, 1965, 79 Stat. 1094.)
33 USC 59c-1. East and Hudson Rivers, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Those portions of the East and Hudson Rivers in New York County,
State of New York, lying shoreward of a line within the United States
Pierhead Line as it exists on August 13, 1968, and bounded on the north
by the north side of Spring Street extended westerly and the south side
of Robert F. Wagner, Senior Place extended eastwardly, are hereby
declared to be nonnavigable waters of the United States within the
meaning of the laws of the United States. This declaration shall apply
only to portions of the above-described area which are bulkheaded and
filled. Plans for bulkheading and filling shall be approved by the
Secretary of the Army, acting through the Chief of Engineers, on the
basis of engineering studies to determine the location and structural
stability of the bulkheading and filling in order to preserve and
maintain the remaining navigable waterway. Local interests shall
reimburse the Federal Government for any engineering costs incurred
under this section.
(Pub. L. 90-483, title I, 113, Aug. 13, 1968, 82 Stat. 736.)
33 USC 59c-2. East River, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
If the Secretary of the Army, acting through the Chief of Engineers,
finds that the proposed project to be erected at the location to be
declared non-navigable under this section is in the public interest, on
the basis of engineering studies to determine the location and
structural stability of the bulkheading and filling and permanent
pile-supported structures in order to preserve and maintain the
remaining navigable waterway and on the basis of environmental studies
conducted pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), then those portions of the East River in New York
County, State of New York, bounded and described as follows are hereby
declared to be not navigable waters of the United States within the
meaning of the laws of the United States, and the consent of Congress is
hereby given to the filling in of all or any part thereof or the
erection of permanent pile-supported structures thereon: That portion
of the East River in New York County, State of New York, lying shoreward
of a line with the United States pierhead line as it exists on March 7,
1974, bounded on the north by the south side of Rutgers Slip extended
easterly, and bounded on the south by the southeasterly border of
Battery Park at a point adjacent to the westerly end of South Street
extended south by southwest, is hereby declared to be non-navigable
waters of the United States. This declaration shall apply only to
portions of the above-described area which are bulkheaded and filled or
occupied by permanent pile-supported structures. Plans for bulkheading
and filling and permanent pile-supported structures shall be approved by
the Secretary of the Army, acting through the Chief of Engineers. Local
interests shall reimburse the Federal Government for engineering and all
other costs incurred under this section.
(Pub. L. 93-251, title I, 51, Mar. 7, 1974, 88 Stat. 26.)
The National Environmental Policy Act of 1969, referred to in text,
is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 ( 4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
33 USC 59d. River Raisin, Michigan
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The old channel of the River Raisin in Monroe County, Michigan, lying
between the Monroe Harbor range front light and Raisin Point, its
entrance into Lake Erie, is declared to be not a navigable stream of the
United States within the meaning of the Constitution and the laws of the
United States, and the consent of Congress is hereby given for the
filling in of the old channel by the riparian owners on such channel.
(Pub. L. 89-298, title III, 308, Oct. 27, 1965, 79 Stat. 1094.)
33 USC 59e. Bayou Lafourche, Louisiana
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Bayou Lafourche, in the State of Louisiana, between Canal Boulevard,
city of Thibodaux, Parish of Lafourche, State of Louisiana, and the head
of the bayou at its junction with the Mississippi River levee at the
city of Donaldsonville, Parish of Ascension, State of Louisiana, is
hereby declared to be a nonnavigable waterway of the United States
within the meaning of the laws of the United States. The existing
project for Bayou Lafourche, Louisiana, authorized by the Acts of August
30, 1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480) is hereby
deauthorized in the reach of Bayou Lafourche herein declared
nonnavigable.
The right to alter, amend, or repeal this section is hereby expressly
reserved.
(Pub. L. 90-149, Nov. 22, 1967, 81 Stat. 507.)
The provisions of the Acts of August 30, 1935 (49 Stat. 1028) and
July 14, 1960 (74 Stat. 480), referred to in text, authorizing the Bayou
Lafourche, Louisiana, project, are not classified to the Code.
Pub. L. 101-595, title III, 314, Nov. 16, 1990, 104 Stat. 2987,
provided that: ''Bayou Lafourche, in the State of Louisiana, between
the Percy Brown Road (Hwy 648), city of Thibodaux, parish of Lafourche,
and the Southern Pacific Railroad bridge crossing the bayou, city of
Thibodaux, parish of Lafourche, is declared to be navigable waterway of
the United States under chapter 11 of title 33, United States Code.''
33 USC 59e-1. Additional portion of Bayou Lafourche, Louisiana
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Bayou Lafourche, in the State of Louisiana, between Canal Boulevard,
city of Thibodaux, parish of Lafourche and the Southern Pacific Railroad
bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is
hereby declared to be a nonnavigable waterway of the United States
within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et
seq.).
(Pub. L. 99-307, 5, May 19, 1986, 100 Stat. 447.)
The General Bridge Act of 1946, referred to in text, is title V of
act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is
classified generally to subchapter III ( 525 et seq.) of chapter 11 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 525 of this title and Tables.
33 USC 59f. Boston Inner Harbor and Fort Point Channel, Massachusetts
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of Boston Inner Harbor and Fort Point Channel in Suffolk
County, Commonwealth of Massachusetts, lying within the following
described area is hereby declared to be not a navigable water of the
United States within the meaning of the laws of the United States:
Beginning at the intersection of the northeasterly sideline of Northern
Avenue and the westerly United States Pierhead Line of the Fort Point
Channel and running northwesterly by the northwesterly sideline of
Northern Avenue to the westerly sideline of Atlantic Avenue: thence
turning and running northerly and northwesterly by the westerly sideline
of Atlantic Avenue and of Commercial Street to the southeasterly
sideline of Hanover Street; thence turning and running northeasterly by
the southeasterly sideline of Hanover Street to the southwesterly
property line of the United States Coast Guard Base; thence turning and
running southeasterly by the southwesterly property line of the United
States Coast Guard Base to the southeasterly property line of the United
States Coast Guard Base; thence turning and running northeasterly by
the southeasterly property line of the United States Coast Guard Base
extended to the United States Pierhead Line; thence turning and running
southeasterly, southerly and southwesterly by the United States Pierhead
Line, to the point of beginning.
(Pub. L. 90-312, May 18, 1968, 82 Stat. 125.)
33 USC 59g. Steele and Washington Bayous, and Lake Washington,
Mississippi
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Steele Bayou, in Warren, Issaquena, Sharkey, and Washington Counties,
Mississippi, Washington Bayou, in Issaquena and Washington Counties,
Mississippi, and Lake Washington, in Washington County, Mississippi, are
hereby declared to be nonnavigable within the meaning of the laws of the
United States.
(Pub. L. 90-483, title I, 108(a), Aug. 13, 1968, 82 Stat. 735.)
33 USC 59h. Northern Embarcadero area, San Francisco, California
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of the Northern Embarcadero area, beginning at the
intersection of the northwesterly line of Bryant Street with the
southwesterly line of Spear Street, which intersection lies on the line
of jurisdiction of the San Francisco Port Authority; following thence
westerly and northerly along said line of jurisdiction as described in
the State of California Harbor and Navigation Code Section 1770, as
amended in 1961, to its intersection with the easterly line of Van Ness
Avenue produced northerly; thence northerly along said easterly line of
Van Ness Avenue produced to its intersection with the United States
Government pier-head line; thence following said pier-head line
easterly and southerly to its intersection with the northwesterly line
of Bryant Street produced northeasterly; thence southwesterly along
said northwesterly line of Bryant Street produced to the point of
beginning, is hereby declared to be nonnavigable waters within the
meaning of the laws of the United States, and the consent of Congress is
hereby given for the filling in of all or any part of the described
area. This declaration shall apply only to portions of the
above-described area which are bulkheaded and filled or are occupied by
permanent pile-supported structures. Plans for bulkheading and filling
and permanent pile-supported structures shall be approved by the
Secretary of the Army, acting through the Chief of Engineers, on the
basis of engineering studies to determine the location and structural
stability of the bulkheading and filling and permanent pile-supported
structures in order to preserve and maintain the remaining navigable
waterway. Local interests shall reimburse the Federal Government for any
engineering costs incurred under this section.
(Pub. L. 90-483, title I, 114, Aug. 13, 1968, 82 Stat. 736.)
Section 1770 of the State of California Harbor and Navigation Code
was repealed by Cal. Stats. 1970, ch. 385, p. 799, 2.
33 USC 59i. Patapsco River, Maryland
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of the Northwest Branch of the Patapsco River located
generally south of Pratt Street, east of Light Street, north of Key
Highway, in the city of Baltimore, State of Maryland, and being more
particularly described as all of that portion of the Northwest Branch of
the Patapsco River lying west of a series of lines beginning at the
point formed by the intersection of the south side of Pratt Street, as
now laid out, and the west side of Pier 3 and running thence binding on
the west side of Pier 3, south 04 degrees 19 minutes 47 seconds east
726.59 feet to the southwest corner of Pier 3; thence crossing the
Northwest Branch of the Patapsco River, south 23 degrees 01 minutes 15
seconds west 855.36 feet to the point formed by the intersection of the
existing pierhead and bulkhead line and the east side of Battery Avenue,
last said point of intersection being the end of the first line of the
fourth parcel of land conveyed by J. and F. Realty, Incorporated to
Allegheny Pepsi-Cola Bottling Company by deed dated December 22, 1965,
and recorded among the Land Record of Baltimore City in Liber J. F. C.
numbered 2006 folio 345, the location of said pierhead and bulkhead line
is based upon the Corps of Engineers, Baltimore District, Baltimore,
Maryland, coordinate value for station LIV of said pierhead and bulkhead
line, the coordinate value as referred to the Lambert grid plane
coordinate system for the State of Maryland of said station LIV being
east 2,111,161.40, north 527,709.27 and thence binding on the east side
of Battery Avenue, south 03 degrees 09 minutes 07 seconds east 568 feet,
more or less, to intersect the north side of Key Highway as now laid out
and located is hereby declared to be not a navigable stream of the
United States within the meaning of the laws of the United States, and
the consent of Congress is hereby given for the filling in of all or any
part of the described area.
(Pub. L. 90-483, title I, 115, Aug. 13, 1968, 82 Stat. 736.)
33 USC 59j. Delaware River, Philadelphia County, Pennsylvania;
permanent structures
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of the Delaware River in Philadelphia County,
Commonwealth of Pennsylvania, lying between all that certain lot or
piece of ground situate in the second and fifth wards of the city of
Philadelphia described as follows:
Beginning at a point on the easterly side of Delaware Avenue
(variable width) said side being the bulkhead line of the Delaware River
(approved by the Secretary of War on September 10, 1940), at the
distance of 1,833.652 feet from an angle point on the easterly side of
said Delaware Avenue south of Washington Avenue;
thence extending along the easterly side of said Delaware Avenue the
following courses and distances, (1) north 0 degree 45 minutes 33.2
seconds west 2,524.698 feet to a point; (2) north 9 degrees 36 minutes
25 seconds east, 2,168.160 feet to a point; (3) north 13 degrees 26
minutes 45.8 seconds east, 2,039.270 feet to a point; (4) north 20
degrees 12 minutes 52.4 seconds east, 35.180 feet to an angle point in
Delaware Avenue; thence continuing north 20 degrees 12 minutes 52.4
seconds east along the said bulkhead line, the distance of 574.970 feet
to a point on the south house line of Callowhill Street produced;
thence extending along the south house line of Callowhill Street
produced south 80 degrees 47 minutes 30.6 seconds east, the distance of
523.908 feet to a point on the pierhead line of the Delaware River
(approved by the Secretary of War on September 10, 1940);
thence extending along the said pierhead line the following courses
and distances, (1) south 17 degrees 52 minutes 48.5 seconds west,
605.262 feet to a point; (2) south 14 degrees 14 minutes 14.7 seconds
west, 1,372.530 feet to a point; (3) south 10 degrees 37 minutes 35.3
seconds west, 1,252.160 feet to a point; (4) south 8 degrees 23 minutes
50.4 seconds west, 1,450.250 feet to a point; (5) south 2 degrees 22
minutes 45.9 seconds west, 1,221.670 feet to a point; (6) south 1
degree 4 minutes 36 seconds east, 1,468.775 feet to a point on the north
house line of Catherine Street extended, thence extending north 76
degrees 56 minutes 29.2 seconds west, the distance of 555.911 feet to
the first mentioned point and place of beginning is hereby declared not
to be a navigable water of the United States within the meaning of the
Constitution and laws of the United States, and the Consent of Congress
is hereby given, for the filling or erection of permanent structures in
all or any part of the described area.
(Pub. L. 92-605, 1, Oct. 31, 1972, 86 Stat. 1493.)
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
of Plans
Section 2 of Pub. L. 92-605 provided that: ''This declaration (this
section) shall apply only to portions of the above-described area which
are filled or occupied by permanent structures. No such filling or
erection of structures in the above-described area shall be commenced
until the plans therefor have been approved by the Secretary of the Army
who shall, prior to granting such approval, give consideration to all
factors affecting the general public interest and the impact of the
proposed work on the environment.''
33 USC 59j-1. Declaration of nonnavigability for portions of the
Delaware River
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Area to be declared non-navigable; public interest
Unless the Secretary finds, after consultation with local and
regional public officials (including local and regional public planning
organizations), that the proposed projects in Philadelphia,
Pennsylvania, to be undertaken within the boundaries described below,
are not in the public interest then, subject to subsections (b) and (c)
of this section, those portions of the Delaware River, bounded and
described as follows, are declared to be non-navigable waters of the
United States:
(1) Liberty Landing. (Omitted)
(2) Marina Towers and World Trade Center -- Pier 25 North. (Omitted)
(3) Marine Trade Center -- Pier 24 North. (Omitted)
(4) National Sugar Company ''Sugar House''. (Omitted)
(5) Rivercenter. (Omitted)
(b) Limits on applicability; regulatory requirements
The declaration under subsection (a) of this section shall apply only
to those parts of the areas described in subsection (a) of this section
which are or will be bulkheaded and filled or otherwise occupied by
permanent structures, including marina facilities. All such work is
subject to all applicable Federal statutes and regulations, including,
but not necessarily limited to, sections 401 and 403 of this title,
section 1344 of this title, and the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(c) Expiration date
If, 20 years from November 17, 1988, any area or part thereof
described in subsection (a) of this section is not bulkheaded or filled
or occupied by permanent structures, including marina facilities, in
accordance with the requirements set out in subsection (b) of this
section, or if work in connection with any activity permitted in
subsection (b) of this section is not commenced within 5 years after
issuance of such permits, then the declaration of non-navigability for
such area or part thereof shall expire.
(Pub. L. 100-676, 38, Nov. 17, 1988, 102 Stat. 4032.)
The National Environmental Policy Act of 1969, referred to in subsec.
(b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
The text of the boundary descriptions contained in pars. (1) to (5)
of subsec. (a), which is not set out in the Code, appears at 102 Stat.
4032 to 4038.
Secretary means the Secretary of the Army, see section 2 of Pub. L.
100-676, set out as a note under section 2201 of this title.
33 USC 59k. Wicomico River, Maryland
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) If the Secretary of the Army acting through the Chief of
Engineers, finds that the proposed project in Salisbury, Maryland, to be
undertaken at the locations to be declared nonnavigable under this
section is in the public interest, on the basis of engineering studies
to determine the location and structural stability of any bulkheading
and filling and permanent pile-supported structures, in order to
preserve and maintain the remaining navigable waterway and on the basis
of environmental studies conducted pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), then those
portions of the South Prong of the Wicomico River in Wicomico County,
State of Maryland, bounded and described as follows, are declared to be
not a navigable water of the United States within the meaning of the
laws of the United States, and the consent of Congress is hereby given,
consistent with subsection (b) of this section, to the filling in of a
part thereof or the erection of permanent pile-supported structures
thereon: That portion of the South Prong of the Wicomico River in
Salisbury, Maryland, bounded on the east by the west side of United
States Route 13; on the west by the west side of the Mill Street
Bridge; on the south by a line five feet landward from the present
water's edge at high tide extending the entire length of the South Prong
from the east boundary at United States Route 13 to the west boundary at
the Mill Street Bridge; and on the north by a line five feet landward
from the present water's edge at high tide extending the entire length
of the South Prong from the east boundary at United States Route 13 to
the west boundary at the Mill Street Bridge.
(b) This declaration shall apply only to the portions of the areas
described in subsection (a) of this section which are bulkheaded and
filled or occupied by permanent pile-supported structures. Plans for
bulkheading and filling and permanent pile-supported structures shall be
approved by the Secretary of the Army, acting through the Chief of
Engineers. Such bulkheaded and filled areas or areas occupied by
permanent pile-supported structures shall not reduce the existing width
of the Wicomico River to less than sixty feet and a minimum depth of
five feet shall be maintained within such sixty-foot width of the
Wicomico River. Local interests shall reimburse the Federal Government
for engineering and all other costs incurred under this section.
(Pub. L. 93-251, title I, 97, Mar. 7, 1974, 88 Stat. 40.)
The National Environmental Policy Act of 1969, referred to in text,
is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 ( 4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
33 USC 59l. Nonapplicability of prohibitions and provisions for review
and approval concerning wharves and piers
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The prohibitions and provisions for review and approval concerning
wharves and piers in waters of the United States as set forth in
sections 403 and 565 of this title shall not apply to any body of water
located entirely within one State which is, or could be, considered to
be a navigable body of water of the United States solely on the basis of
historical use in interstate commerce.
(Pub. L. 94-587, 154, Oct. 22, 1976, 90 Stat. 2932.)
33 USC 59m. Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake
George, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
For the purposes of section 403 of this title the following bodies of
water are declared nonnavigable: Lake Oswego, Oregon; Lake Coeur
d'Alene, Idaho; and Lake George, New York.
(Pub. L. 94-587, 162, Oct. 22, 1976, 90 Stat. 2934.)
''Section 403 of this title'' substituted in text for ''section 10 of
the Act of March 3, 1899 (30 Stat. 1151) (33 U.S.C. 401)'' as the
probable intent of Congress in that section 10 of said act is set out as
section 403 of this title while section 401 of this title is based on
section 9 of the act of Mar. 3, 1899.
33 USC 59n. Hudson River, Hudson County, New Jersey
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) If the Secretary of the Army, acting through the Chief of
Engineers, finds that the proposed project to be erected at the location
to be declared nonnavigable under this section is in the public
interest, on the basis of engineering studies to determine the location
and structural stability of any bulkheading and filling and permanent
pile-supported structure, in order to preserve and maintain the
remaining navigable waterway and on the basis of environmental studies
conducted pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), then that portion of the Hudson River in Hudson
County, State of New Jersey, bounded and described as follows is hereby
declared to be nonnavigable water of the United States within the
meaning of the laws of the United States, and the consent of Congress is
hereby given to the filling in of all or any part thereof and the
erection of permanent pile-supported structures thereon:
Such portion is in the township of North Bergen in the county of
Hudson and State of New Jersey, and is more particularly described as
follows: At a point in the easterly right-of-way of New Jersey Shore
Line Railroad (formerly New Jersey Junction Railroad) said point being
located northerly, measured along said easterly right-of-way, 81.93 feet
from Station 54+42.4 as shown on construction drawing dated May 23,
1931, of River Road, filed in the Office of the Hudson County Engineer,
Jersey City, New Jersey:
thence (1) northerly and along said easterly right-of-way on a
bearing of north 12 degrees 11 minutes 14 seconds east, a distance of
280 feet to a point;
thence (2) south 75 degrees 28 minutes 24 seconds east, a distance of
310 feet to a point;
thence (3) south 17 degrees 15 minutes 41 seconds east, a distance of
101.70 feet to a point;
thence (4) south 62 degrees 18 minutes 12 seconds east a distance of
355.64 feet to a point in the exterior solid fill line of April 7, 1903,
and the bulkhead line of April 28, 1904, on the Hudson River;
thence (5) along said exterior solid fill and bulkhead lines south 28
degrees 55 minutes 51 seconds west, a distance of 523 feet to a point in
the northerly line of lands now or formerly of New York State Realty and
Terminal Company;
thence (6) north 61 degrees 34 minutes 29 seconds west, and along
said northerly line of the New York State Realty and Terminal Company, a
distance of 590.08 feet to a point in the aforementioned easterly
right-of-way of the New Jersey Shore Line Railroad;
thence (7) northerly and along said easterly right-of-way of the New
Jersey Shore Line Railroad on a curve to the left a radius of 995.09
feet, an arc length of 170.96 feet to a point therein;
thence (8) northerly, still along the same, on a bearing of north 12
degrees 11 minutes 14 seconds east, a distance of 81.93 feet to the
point and place of beginning.
Said parcel containing 8 acres being the same more or less.
(b) The declaration in subsection (a) of this section shall apply
only to portions of the above-described area which are either bulkheaded
and filled or occupied by permanent pile-supported structures. Plans
for bulkheading and filling and permanent pile-supported structures
shall be approved by the Secretary of the Army, acting through the Chief
of Engineers. Local interests shall reimburse the Federal Government
for engineering and all other costs incurred under this section.
(Pub. L. 94-587, 178, Oct. 22, 1976, 90 Stat. 2937.)
The National Environmental Policy Act of 1969, referred to in subsec.
(a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
33 USC 59n-1. Caven Point, New Jersey
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of the Hudson River in the New York Bay consisting of --
(1) all that piece or parcel of land, containing 120.54 acres,
situate, lying and being in the city of Jersey City, Hudson County,
State of New Jersey, upon or around that certain lot or piece of land
known as the Caven Point Area; and
(2) all that piece or parcel of land, containing 18 acres more or
less, situate on the northwesterly side of New Jersey State Highway
Route 185,
more particularly described in the Congressional Record dated March
11, 1986, pages S2446-2447, is hereby declared to be not a navigable
water of the United States within the meaning of the Constitution and
the laws of the United States, except for the purposes of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(Pub. L. 99-662, title XI, 1118, Nov. 17, 1986, 100 Stat. 4237.)
The Federal Water Pollution Control Act, referred to in text, is act
June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, 2,
Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter
26 ( 1251 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1251 of this
title and Tables.
33 USC 59o. Hackensack River, Hudson County, New Jersey
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) If the Secretary of the Army, acting through the Chief of
Engineers finds that the proposed project to be erected at the location
to be declared nonnavigable under this section is in the public
interest, on the basis of engineering studies to determine the location
and structural stability of any bulkheading and filling and permanent
pile-supported structure, in order to preserve and maintain the
remaining navigable waterway, and on the basis of environmental studies
conducted pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), then those portions of the Hackensack River in
Hudson County, State of New Jersey, bounded and described as follows are
hereby declared to be nonnavigable waters of the United States within
the meaning of the laws of the United States, and the consent of
Congress is hereby given to the filling in of all or any part thereof
and the erection of permanent pile-supported structures thereon:
Beginning at a point where the southeasterly shoreline (mean high
water line) of the Hackensack River intersects the easterly line of the
Erie Railroad said point property being 2,015.38 feet northerly along
said railroad property from where it intersects the northerly line of
the Meadowlands Parkway (100 feet wide) and running from:
thence north 19 degrees 20 minutes 54 seconds west 50.00 feet;
thence north 37 degrees 30 minutes 08 seconds east 615.38 feet;
thence north 03 degrees 02 minutes 56 seconds east, 2,087 feet;
thence north 31 degrees 11 minutes 06 seconds east 577 feet;
thence north 74 degrees 29 minutes 18 seconds east 541.25 feet;
thence south 62 degrees 01 minutes 31 seconds east 400 feet;
thence south 55 degrees 46 minutes 27 seconds east 612.52 feet;
thence south 34 degrees 13 minutes 33 seconds west 517.79 feet;
thence south 55 degrees 46 minutes 27 seconds east 158.81 feet;
thence south 34 degrees 13 minutes 33 seconds west 310 feet;
thence north 55 degrees 26 minutes 27 seconds north 15 feet;
thence south 34 degrees 13 minutes 33 seconds west 592 feet;
thence running in a southwesterly direction along the shoreline (mean
high water line) of the Hackensack River, a distance of 2,360 feet being
the same more or less to the easterly property line of the Erie Railroad
and the point or place of beginning.
Said parcel containing 67.6 acres being the same more or less.
(b) The declaration in subsection (a) of this section shall apply
only to portions of the described area which are either bulkheaded and
filled or occupied by permanent pile-supported structures. Plans for
bulkheading and filling and permanent pile-supported structures shall be
approved by the Secretary of the Army, acting through the Chief of
Engineers. Local interests shall reimburse the Federal Government for
engineering and all other costs incurred under this section.
(Pub. L. 94-587, 179, Oct. 22, 1976, 90 Stat. 2938.)
The National Environmental Policy Act of 1969, referred to in subsec.
(a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
33 USC 59p. Kenduskeag Stream, Penobscot County, Maine
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Kenduskeag Stream, a minor tributary of the Penobscot River,
located in Penobscot County, in the State of Maine, be, and the same is
hereby, declared to be a nonnavigable waterway within the meaning of the
Constitution and laws of the United States of America.
(July 11, 1947, ch. 236, 1, 61 Stat. 316.)
33 USC 59q. Erie Basin, Buffalo Harbor, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
That portion of the Erie Basin in the Buffalo Harbor lying within the
following described area is hereby declared to be not a navigable water
of the United States within the meaning of the Constitution and the laws
of the United States.
(Pub. L. 96-520, 1, Dec. 12, 1980, 94 Stat. 3033.)
The following described area, referred to in text, refers to the
metes and bounds description of that portion of the Erie Basin in the
Buffalo Harbor set out in the second paragraph of section 1 of Pub. L.
96-520, Dec. 12, 1980, 94 Stat. 3033-3035, which is not classified to
the Code.
33 USC 59q-1. Union Canal, Outer Buffalo Harbor, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the Union Canal, also known as the Union Ship Canal,
an appendage of the Buffalo Outer Harbor, located in the City of
Buffalo, State of New York, is declared to be a nonnavigable waterway of
the United States within the meaning of the General Bridge Act of 1946
(33 U.S.C. 525, et seq.) from a point two hundred feet west of Fuhrmann
Boulevard east to its terminus.
(Pub. L. 100-202, 101(l) (title III, 332), Dec. 22, 1987, 101 Stat.
1329-358, 1329-384.)
The General Bridge Act of 1946, referred to in text, is title V of
act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is
classified generally to subchapter III ( 525 et seq.) of chapter 11 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 525 of this title and Tables.
33 USC 59r. Trent River, Craven County, North Carolina
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Those portions of the Trent River in the city of New Bern, county of
Craven, State of North Carolina, bounded and described in Committee
Print 95-56 of the Committee on Public Works and Transportation of the
House of Representatives are hereby declared to be nonnavigable waters
of the United States within the meaning of the laws of the United
States.
(Pub. L. 96-520, 3, Dec. 12, 1980, 94 Stat. 3036.)
33 USC 59s. Green River, Washington
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
For the purposes of section 401 of this title, the portion of the
Green River in the State of Washington lying upstream from that State
Highway 516 bridge which is in existence on October 26, 1981, is hereby
declared to be not a navigable waterway.
(Pub. L. 97-68, 2(b), Oct. 26, 1981, 95 Stat. 1040.)
33 USC 59t. Burnham Canal, Milwaukee, Wisconsin
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the Burnham Canal, in Milwaukee, Wisconsin, which is
underneath and west of a point one hundred feet east of South Eleventh
Street is declared to be not a navigable water of the United States
within the meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is hereby expressly
reserved.
(Pub. L. 97-468, title V, 503, Jan. 14, 1983, 96 Stat. 2552.)
33 USC 59u. Lawyer's Ditch, Essex County, New Jersey
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The body of water known as Lawyer's Ditch located at block 5,000 in
the city of Newark, county of Essex, New Jersey, is declared to be a
nonnavigable waterway of the United States within the meaning of the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
(Pub. L. 99-307, 3, May 19, 1986, 100 Stat. 446.)
The General Bridge Act of 1946, referred to in text, is title V of
act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is
classified generally to subchapter III ( 525 et seq.) of chapter 11 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 525 of this title and Tables.
33 USC 59v. Middle River, Maryland
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Description
That portion of the waterway in which is located Dark Head Creek in
the community of Middle River, Baltimore County, Maryland, lying
northwest of a line extending south 68 degrees 37 minutes 56 seconds
west from a point (227.50 feet from the northeast corner of the existing
bulkhead and pier line) whose coordinates in the Maryland State
Coordinate System are north 544967.24 and east 962701.05 (latitude north
39 degrees 19 minutes 42 seconds and longitude west 76 degrees 25
minutes 29.5 seconds) and thence south 44 degrees 48 minutes 20 seconds
west, 350.12 feet to a point (at the southwest corner of the existing
bulkhead and pier line) whose coordinates in the Maryland State
Coordinate System are north 544635.94 and east 962242.46 (latitude north
39 degrees 19 minutes 39 seconds and longitude west 76 degrees 25
minutes 35.4 seconds), is declared to be a nonnavigable water of the
United States for purposes of the navigation servitude.
(b) Pierhead and bulkhead line of Dark Head Creek
The line described in subsection (a) of this section shall be
established as a combined pierhead and bulkhead line of Dark Head Creek.
(c) Previously authorized projects
Any project heretofore authorized by any Act of Congress, insofar as
such project is within the boundaries of Dark Head Creek as described in
subsection (a) of this section, is not authorized after November 17,
1986.
(d) Reservation of rights
The right to alter, amend, or repeal this section is hereby expressly
reserved.
(Pub. L. 99-662, title XI, 1160, Nov. 17, 1986, 100 Stat. 4257.)
33 USC 59w. Norton Basin and Jamaica Bay, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The two portions of Norton Basin and Jamaica Bay, New York, that are
particularly described in Committee Print 99-58 of the Committee on
Public Works and Transportation of the House of Representatives are
hereby declared to be nonnavigable waters of the United States for
purposes of the navigation servitude.
(Pub. L. 99-662, title XI, 1168, Nov. 17, 1986, 100 Stat. 4259.)
33 USC 59x. Exemption from General Bridge Act of 1946
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Waters declared nonnavigable
The waters described in subsection (b) of this section are declared
to be nonnavigable waters of the United States for purposes of the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
(b) Waters described
The waters referred to in subsection (a) of this section are a
drainage canal which --
(1) is an unnamed tributary of the creek known as Newton Creek,
located at block 641 (formerly designated as block 860) in the city of
Camden, New Jersey;
(2) originates at the north bank of Newton Creek approximately 1,200
feet east of the confluence of Newton Creek and the Delaware River; and
(3) terminates at drainage culverts on the west side of Interstate
Highway 676.
(Pub. L. 100-448, 16, Sept. 28, 1988, 102 Stat. 1845; Pub. L.
100-457, title III, 325, Sept. 30, 1988, 102 Stat. 2150.)
The General Bridge Act of 1946, referred to in subsec. (a), is title
V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is
classified generally to subchapter III ( 525 et seq.) of chapter 11 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 525 of this title and Tables.
Pub. L. 100-448 and Pub. L. 100-457 enacted identical sections.
33 USC 59y. Declaration of nonnavigability for portions of Coney Island
Creek and Gravesend Bay, New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Area to be declared non-navigable; public interest
Unless the Secretary finds, after consultation with local and
regional public officials (including local and regional public planning
organizations), that the proposed projects to be undertaken within the
boundaries in the portions of Coney Island Creek and Gravesend Bay, New
York, described below, are not in the public interest then, subject to
subsections (b) and (c) of this section, those portions of such Creek
and Bay, bounded and described as follows, are declared to be
non-navigable waters of the United States:
Beginning at the corner formed by the intersection of the Westerly
Line of Cropsey Avenue, and the Northernmost United States Pierhead Line
of Coney Island Creek.
Running thence south 12 degrees 41 minutes 03 seconds E and along the
westerly line of Cropsey Avenue, 98.72 feet to the northerly channel
line as shown on Corps of Engineers Map Numbered F. 150 and on Survey
by Rogers and Giollorenzo Numbered 13959 dated October 31, 1986.
Running thence in a westerly direction and along the said northerly
channel line the following bearings and distances:
South 48 degrees 59 minutes 27 seconds west, 118.77 feet; south 37
degrees 07 minutes 01 seconds west, 232.00 feet; south 23 degrees 17
minutes 10 seconds west, 430.03 feet; south 31 degrees 25 minutes 46
seconds west, 210.95 feet; south 79 degrees 22 minutes 49 seconds west,
244.18 feet; north 55 degrees 00 minutes 29 seconds west, 183.10 feet;
north 41 degrees 47 minutes 04 seconds west, 315.16 feet;
North 41 degrees 17 minutes 43 seconds west, 492.47 feet to the said
Pierhead Line; thence north 73 degrees 58 minutes 40 seconds west and
along said pierhead line, 2,665.25 feet to the intersection of the
United States bulkhead line;
Thence north 0 degree 19 minutes 35 seconds west and along the United
States Bulkhead line 1,138.50 feet to the intersection of the westerly
prolongation of the center line of 26th Avenue,
Thence north 58 degrees 25 minutes 06 seconds east and along the
center line of said 26th Avenue, 2,320.85 feet to the westerly line of
Cropsey Avenue, then southeasterly and along the southerly line of
Cropsey Avenue the following bearings and distances:
South 31 degrees 34 minutes 54 seconds east, 4,124.59 feet; and
South 12 degrees 41 minutes 03 seconds east, 710.74 feet to the point
or place of beginning.
Coordinates and bearings are in the system as established by the
United States Coast and Geodetic Survey for the Borough of Brooklyn.
The Secretary shall make the public interest determination separately
for each proposed project, using reasonable discretion, within 150 days
after submission of appropriate plans for each proposed project.
(b) Limits on applicability; regulatory requirements
The declaration under subsection (a) of this section shall apply only
to those parts of the areas described in subsection (a) of this section
which are or will be bulkheaded and filled or otherwise occupied by
permanent structures, including marina facilities. All such work is
subject to all applicable Federal statutes and regulations, including,
but not necessarily limited to, sections 401 and 403 of this title,
section 1344 of this title, and the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(c) Expiration date
If, 20 years from November 17, 1988, any area or part thereof
described in subsection (a) of this section is not bulkheaded or filled
or occupied by permanent structures, including marina facilities, in
accordance with the requirements set out in subsection (b) of this
section, or if work in connection with any activity permitted in
subsection (b) of this section is not commenced within 5 years after
issuance of such permits, then the declaration of non-navigability for
such area or part thereof shall expire.
(Pub. L. 100-676, 39, Nov. 17, 1988, 102 Stat. 4039.)
The National Environmental Policy Act of 1969, referred to in subsec.
(b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
Secretary means the Secretary of the Army, see section 2 of Pub. L.
100-676, set out as a note under section 2201 of this title.
33 USC 59z. Declaration of nonnavigability of bodies of water in
Ridgefield, New Jersey
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The three bodies of water located at block 4004, lots 1 and 2, and
block 4003, lot 1, in the Borough of Ridgefield, County of Bergen, New
Jersey, which have their mouths at the Hackensack River at 40 degrees 49
minutes 58 seconds north latitude and 74 degrees 01 minute 46 seconds
west longitude, 40 degrees 49 minutes 46 seconds north latitude and 74
degrees 01 minute 55 seconds west longitude, and 40 degrees 49 minutes
35 seconds north latitude and 74 degrees 02 minutes 04 seconds west
longitude, respectively, and the body of water located at block 4006,
lot 1, in the Borough of Ridgefield, County of Bergen, New Jersey, which
has its mouth at the Hackensack River at 40 degrees 49 minutes 15
seconds north latitude and 74 degrees 01 minute 52 seconds west
longitude, are declared to be nonnavigable waterways of the United
States within the meaning of the General Bridge Act of 1946 (33 U.S.C.
525 et seq.) and section 401 of this title.
(Pub. L. 100-676, 54, Nov. 17, 1988, 102 Stat. 4046.)
The General Bridge Act of 1946, referred to in text, is title V of
act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is
classified generally to subchapter III ( 525 et seq.) of chapter 11 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 525 of this title and Tables.
33 USC 59aa. Nonnavigability of Wisconsin River
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The portion of the Wisconsin River above the hydroelectric dam at
Prairie du Sac, Wisconsin, is hereby declared to be a nonnavigable
waterway of the United States for purposes of title 46, including but
not limited to the provisions of such title relating to vessel
inspection and vessel licensure, and the other maritime laws of the
United States.
(Pub. L. 101-595, title III, 318, Nov. 16, 1990, 104 Stat. 2988.)
33 USC 59bb. Declaration of nonnavigability for portions of Lake Erie
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Area to be declared nonnavigable; public interest
Unless the Secretary finds, after consultation with local and
regional public officials (including local and regional public planning
organizations), that the proposed projects to be undertaken within the
boundaries of Lake Erie described in Committee Print 101-48 of the
Committee on Public Works and Transportation of the House of
Representatives, dated July 1990, are not in the public interest then,
subject to subsections (b) and (c) of this section, those portions of
Lake Erie, bounded and described in such Committee print, are declared
to be nonnavigable waters of the United States.
(b) Limits on applicability; regulatory requirements
The declaration under subsection (a) of this section shall apply only
to those parts of the areas described in the Committee print referred to
in subsection (a) of this section which are or will be bulkheaded and
filled or otherwise occupied by permanent structures, including marina
facilities. All such work is subject to all applicable Federal statutes
and regulations including, but not limited to, sections 401 and 403 of
this title, section 1344 of this title, and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Expiration date
If, 20 years from November 28, 1990, any area or part thereof
described in the Committee print referred to in subsection (a) of this
section is not bulkheaded or filled or occupied by permanent structures,
including marina facilities, in accordance with the requirements set out
in subsection (b) of this section, or if work in connection with any
activity permitting /1/ in subsection (b) of this section is not
commenced within 5 years after issuance of such permits, then the
declaration of nonnavigability for such area or part thereof shall
expire.
(Pub. L. 101-640, title IV, 408, Nov. 28, 1990, 104 Stat. 4647.)
The National Environmental Policy Act of 1969, referred to in subsec.
(b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
Secretary means the Secretary of the Army, see section 2 of Pub. L.
101-640, set out as a note under section 2201 of this title.
/1/ So in original. Probably should be ''permitted''.
33 USC 59cc. Declaration of nonnavigability of portion of Hudson River,
New York
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Declaration of nonnavigability
Subject to subsections (c), (d), and (e) of this section, the area
described in subsection (b) of this section is declared to be
nonnavigable waters of the United States.
(b) Area subject to declaration
The area described in this subsection is the portion of the Hudson
River, New York, described as follows (according to coordinates and
bearings in the system used on the Borough Survey, Borough President's
Office, New York, New York):
Beginning at a point in the United States Bulkhead Line approved by
the Secretary of War, July 31, 1941, having a coordinate of north
1918.003 west 9806.753;
Running thence easterly, on the arc of a circle curving to the left,
whose radial line bears north 3 -44 -20" east, having a radius of 390.00
feet and a central angle of 22 -05 -50", 150.41 feet to a point of
tangency;
Thence north 71 -38 -30" east, 42.70 feet;
Thence south 11 -05 -40" east, 33.46 feet;
Thence south 78 -54 -20" west, 0.50 feet;
Thence south 11 -05 -40" east, 2.50 feet;
Thence north 78 -54 -20" east, 0.50 feet;
Thence south 11 -05 -40" east, 42.40 feet to a point of curvature;
Thence southerly, on the arc of a circle curving to the right, having
a radius of 220.00 feet and a central angle of 16 -37 -40", 63.85 feet
to a point of compound curvature;
Thence still southerly, on the arc of a circle curving to the right,
having a radius of 150.00 feet and a central angle of 38 -39 -00",
101.19 feet to another point of compound curvature;
Thence westerly, on the arc of a circle curving to the right, having
a radius of 172.05 feet and a central angle of 32 -32 -03", 97.69 feet
to a point of curve intersection;
Thence south 13 -16 -57" east, 50.86 feet to a point of curve
intersection;
Thence westerly, on the arc of a circle curving to the left, whose
radial bears north 13 -16 -57" west, having a radius of 6.00 feet and a
central angle of 180 -32 -31", 18.91 feet to a point of curve
intersection;
Thence southerly, on the arc of a circle curving to the left, whose
radial line bears north 75 -37 -11" east, having a radius of 313.40 feet
and a central angle of 4 -55 -26", 26.93 feet to a point of curve
intersection;
Thence south 70 -41 -45" west, 36.60 feet;
Thence north 13 -45 -00" west, 42.87 feet;
Thence south 76 -15 -00" west, 15.00 feet;
Thence south 13 -45 -00" east, 44.33 feet;
Thence south 70 -41 -45" west, 128.09 feet to a point in the United
States Pierhead Line approved by the Secretary of War, 1936;
Thence north 63 -08 -48" west, along the United States Pierhead Line
approved by the Secretary of War, 1936, 114.45 feet to an angle point
therein;
Thence north 61 -08 -00" west, still along the United States Pierhead
Line approved by the Secretary of War, 1936, 202.53 feet;
The following three courses being along the lines of George Soilan
Park as shown on map prepared by The City of New York, adopted by the
Board of Estimate, November 13, 1981, Acc. N 30071 and lines of
property leased to Battery Park City Authority and B. P. C.
Development Corp;
Thence north 77 -35 -20" east, 231.35 feet;
Thence north 12 -24 -40" west, 33.92 feet;
Thence north 54 -49 -00" east, 171.52 feet to a point in the United
States Bulkhead Line approved by the Secretary of War, July 31, 1941;
Thence north 12 -24 -40" west, along the United States Bulkhead Line
approved by the Secretary of War, July 31, 1941, 62.26 feet to the point
or place of beginning; /1/
(c) Determination of public interest
The declaration made in subsection (a) of this section shall not take
effect if the Secretary of the Army (acting through the Chief of
Engineers), using reasonable discretion, finds that the proposed project
is not in the public interest --
(1) before the date which is 120 days after the date of the
submission to the Secretary of appropriate plans for the proposed
project; and
(2) after consultation with local and regional public officials
(including local and regional public planning organizations).
(d) Limitation on applicability of declaration
(1) Affected area
The declaration made in subsection (a) of this section shall apply
only to those portions of the area described in subsection (b) of this
section which are or will be occupied by permanent structures (including
docking facilities) comprising the proposed project.
(2) Application of other laws
Notwithstanding subsection (a) of this section, all activities
conducted in the area described in subsection (b) of this section are
subject to all Federal laws which apply to such activities, including --
(A) sections 401 and 403 of this title;
(B) section 1344 of this title; and
(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(e) Expiration date
The declaration made in subsection (a) of this section shall expire
--
(1) on the date which is 6 years after December 18, 1991, if work on
the proposed project to be performed in the area described in subsection
(b) of this section is not commenced before such date; or
(2) on the date which is 20 years after December 18, 1991, for any
portion of the area described in subsection (b) of this section which on
such date is not bulkheaded, filled, or occupied by a permanent
structure (including docking facilities).
(f) ''Proposed project'' defined
For the purposes of this section, the term ''proposed project'' means
any project for the rehabilitation and development of --
(1) the structure located in the area described in subsection (b) of
this section, commonly referred to as Pier A; and
(2) the area surrounding such structure.
(Pub. L. 102-240, title I, 1078, Dec. 18, 1991, 105 Stat. 2015.)
The National Environmental Policy Act of 1969, referred to in subsec.
(d)(2)(C), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 ( 4321 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
/1/ So in original. The semicolon probably should be a period.
33 USC 59dd. Declaration of nonnavigability of portions of Cleveland
Harbor, Ohio
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) to (c) Omitted
(d) Area to be declared nonnavigable; public interest
Unless the Secretary of the Army finds, after consultation with local
and regional public officials (including local and regional public
planning organizations), that the proposed projects to be undertaken
within the boundaries in the portions of Cleveland Harbor, Ohio,
described below, are not in the public interest then, subject to
subsections (e) and (f) of this section, those portions of such Harbor,
bounded and described as follows, are declared to be nonnavigable waters
of the United States:
Situated in the City of Cleveland, Cuyahoga County and State of Ohio,
T7N, R13W and being more fully described as follows:
Beginning at an iron pin monument at the intersection of the
centerline of East 9th Street (99 feet wide) with the centerline of
relocated Erieside Avenue, N.E., (70 feet wide) at Cleveland Regional
Geodetic Survey Grid System, (CRGS) coordinates N92,679.734,
E86,085.955;
Thence south 56 -06 -52" west on the centerline of relocated Erieside
Avenue, N.E., a distance of 89.50 feet to a drill hole set.
Thence north 33 -53 -08" west a distance of 35.00 feet to a drill
hole set on the north-westerly right-of-way line of relocated Erieside
Avenue, N.E., said point being the true place of beginning of the parcel
herein described.
Thence south 56 -06 -52" west on the northwesterly right-of-way line
of relocated Erieside Avenue, N.E., a distance of 23.39 feet to a 5/8
inch re-bar set;
Thence southwesterly on the northwesterly right-of-way line of
relocated Erieside Avenue, N.E., along the arc of a curve to the left
with a radius of 335.00 feet, and whose chord bears south 42 -36 -52"
west 156.41 feet, an arc distance of 157.87 feet to a 5/8 inch re-bar
set;
Thence south 29 -06 -52" west on the northwesterly right-of-way line
of relocated Erieside Avenue, N.E., a distance of 119.39 feet to a 5/8
inch re-bar set;
Thence southwesterly on the northwesterly right-of-way of relocated
Erieside Avenue, N.E., along the arc of a curve to the right with a
radius of 665.00 feet, and whose chord bears south 32 -22 -08" west
75.50 feet, an arc distance of 75.54 feet to a 5/8 inch re-bar set;
Thence north 33 -53 -08" west a distance of 279.31 feet to a drill
hole set;
Thence south 56 -06 -52" west a distance of 37.89 feet to a drill
hole set;
Thence north 33 -53 -08" west a distance of 127.28 feet to a point;
Thence north 11 -06 -52" east a distance of 225.00 feet to a point;
Thence south 78 -53 -08" east a distance of 150.00 feet to a drill
hole set;
Thence north 11 -06 -52" east a distance of 32.99 feet to a drill
hole set;
Thence north 33 -53 -08" east a distance of 46.96 feet to a drill
hole set;
Thence north 56 -06 -52" east a distance of 140.36 feet to a drill
hole set on the southwesterly right-of-way line of East 9th Street;
Thence south 33 -53 -08" east on the southwesterly right-of-way line
of East 9th Street a distance of 368.79 feet to a drill hole set;
Thence southwesterly along the arc of a curve to the right with a
radius of 40.00 feet, and whose chord bears south 11 -06 -52" west 56.57
feet, an arc distance of 62.83 feet to the true place of beginning
containing 174,764 square feet (4.012 acres) more or less.
(e) Limits on applicability; regulatory requirements
The declaration under subsection (d) of this section shall apply only
to those parts of the areas described in subsection (d) of this section
which are or will be bulkheaded and filled or otherwise occupied by
permanent structures, including marina facilities. All such work is
subject to all applicable Federal statutes and regulations, including
sections 401 and 403 of this title, section 1344 of this title, and the
National Environmental Policy Act of 1969 (42 U. S.C. 4321 et seq.).
(f) Expiration date
If, 20 years from December 18, 1991, any area or part thereof
described in subsection (d) of this section is not bulkheaded or filled
or occupied by permanent structures, including marina facilities, in
accordance with the requirements set out in subsection (e) of this
section, or if work in connection with any activity permitted in
subsection (e) of this section is not commenced within 5 years after
issuance of such permit, then the declaration of nonnavigability for
such area or part thereof shall expire.
(Pub. L. 102-240, title I, 1079, Dec. 18, 1991, 105 Stat. 2017.)
The National Environmental Policy Act of 1969, referred to in subsec.
(e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
Section is comprised of section 1079 of Pub. L. 102-240.
Subsections (a), (b), and (c) of section 1079 of Pub. L. 102-240
provided for deauthorization of a portion of a project for harbor
modification of Cleveland Harbor which was authorized by section 202(a)
of the Water Resources Development Act of 1986, Pub. L. 99-662, title
II, Nov. 17, 1986, 100 Stat. 4095, which is not classified to the
Code.
33 USC 59ee. Portion of Sacramento River Barge Canal declared to not be
navigable waters of United States
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
For purposes of bridge administration, the Sacramento River Barge
Canal, which connects the Sacramento Deep Water Ship Channel with the
Sacramento River in West Sacramento, Yolo County, California, is
declared to not be navigable waters of the United States for purposes of
the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) from the eastern
boundary of the Port of Sacramento to a point 1,200 feet east of the
William G. Stone Lock.
(Pub. L. 102-241, 34, Dec. 19, 1991, 105 Stat. 2223.)
The General Bridge Act of 1946, referred to in text, is title V of
act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is
classified generally to subchapter III ( 525 et seq.) of chapter 11 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 525 of this title and Tables.
33 USC 59ff. Declaration of nonnavigability for portions of Pelican
Island, Texas
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Descriptions of nonnavigable areas
Subject to the provisions of subsections (b), (c), and (d) of this
section, those portions of Pelican Island, Texas, which are not
submerged and which are within the following property descriptions, are
declared to be nonnavigable waters of the United States:
(1) to (5) Omitted.
(b) Exceptions
Notwithstanding the declaration under subsection (a) of this section,
the following portions of Pelican Island, Texas, within those lands
described in subsection (a) of this section shall remain navigable
waters of the United States:
(1) to (3) Omitted.
(c) Requirement that areas be improved
The declaration under subsection (a) of this section shall apply only
to those parts of the areas described in subsection (a) of this section
and not described in subsection (b) of this section which are or will be
bulkheaded and filled or otherwise occupied by permanent structures or
other permanent physical improvements, including marina facilities. All
such work is subject to applicable Federal statutes and regulations,
including sections 401 and 403 of this title, section 1344 of this title
and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(d) Expiration
If, 20 years from December 19, 1991, any area or part thereof
described in subsection (a) of this section and not described in
subsection (b) of this section is not bulkheaded or filled or occupied
by permanent structures or other permanent physical improvements,
including marina facilities, in accordance with the requirements set out
in subsection (c) of this section, or if work is not commenced within
five years after issuance of any permits required to be obtained under
subsection (c) of this section, then the declaration of nonnavigability
for such area or part thereof shall expire.
(Pub. L. 102-241, 52, Dec. 19, 1991, 105 Stat. 2228.)
The National Environmental Policy Act of 1969, referred to in subsec.
(c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
The text of the boundary descriptions contained in pars. (1) to (5)
of subsec. (a) and pars. (1) to (3) of subsec. (b), which is not set
out in the Code, appears at 105 Stat. 2228 to 2231.
33 USC CHAPTER 2 -- INTERNATIONAL RULES FOR NAVIGATION AT SEA
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 61 to 63. Repealed. Oct. 11, 1951, ch. 495, 5, 65 Stat. 407
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 61, acts Aug. 19, 1890, ch. 802, 1, 26 Stat. 320; Feb.
19, 1895, ch. 102, 1, 28 Stat. 672; June 7, 1897, ch. 4, 1, 30 Stat.
96, related to adoption of rules for navigation on high seas. See
section 1602 of this title.
Section 62, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 320, 321,
defined ''sailing vessel'', ''steam vessel'', and ''under way''. See
section 1601 of this title.
Section 63, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 321, defined
''visible''.
Section 5 of act Oct. 11, 1951, provided that the repeal of these
sections is effective upon the taking effect of regulations proclaimed
under section 1 of act Oct. 11, 1951. Such regulations were proclaimed
by Proc. No. 3030 of Aug. 1, 1953, 18 F.R. 4983, and were to be
effective Jan. 1, 1954.
33 USC 71 to 84. Repealed. Oct. 11, 1951, ch. 495, 5, 65 Stat. 407
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 71, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 321, provided
that rules concerning lights be complied with from sunset to sunrise.
Section 72, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 321, related
to lights of steam vessel under way.
Section 73, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 321, related
to lights of vessel towing another vessel or vessels.
Section 74, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 322, related
to lights and day signals of vessel not under control and of telegraph
cable vessel.
Section 75, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 322, related
to lights of sailing vessel under way and of vessel in tow.
Section 76, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 322, related
to lights of small vessel under way in bad weather.
Section 77, acts Aug. 19, 1890, ch. 802, 1, 26 Stat. 322; May 28,
1894, ch. 83, 28 Stat. 82, related to substitute lights for small
vessel and rowing boats.
Section 78, acts Aug. 19, 1890, ch. 802, 1, 26 Stat. 323; Feb.
19, 1900, ch. 22, 1, 31 Stat. 30, related to lights of pilot vessel on
and off duty, and steam pilot vessel.
Section 79, acts Aug. 19, 1890, ch. 802, 1, 26 Stat. 323; May 28,
1894, ch. 83, 28 Stat. 82; Jan. 19, 1907, ch. 300, 1, 34 Stat. 850,
related to lights and day signals of fishing vessels and boats.
Section 80, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 324, related
to lights on overtaken vessel.
Section 81, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 324, related
to lights on vessel at anchor or aground.
Section 82, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 325,
authorized additional lights and signals when necessary.
Section 83, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 325, related
to special lights for ships of war and recognition signals.
Section 84, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 325, related
to day signal of steam vessel under sail.
Repeal effective Jan. 1, 1954, see note set out under sections 61 to
63 of this title.
33 USC 91, 92. Repealed. Oct. 11, 1951, ch. 495, 5, 65 Stat. 407
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 91, acts Aug. 19, 1890, ch. 802, 1, 26 Stat. 325; June
10, 1896, ch. 401, 1, 29 Stat. 381, related to sound signals for fog.
Section 92, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 325, related
to speed in fog.
Repeal effective Jan. 1, 1954, see note set out under sections 61 to
63 of this title.
33 USC 101 to 113. Repealed. Oct. 11, 1951, ch. 495, 5, 65 Stat. 407
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 101, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 326, provided
suggestion for ascertainment of risk of collision.
Section 102, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 326, related
to sailing vessels approaching one another.
Section 103, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 326, related
to steam vessels meeting end on.
Section 104, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 327, related
to steam vessels crossing.
Section 105, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 327, related
to steam and sailing vessels meeting.
Section 106, acts Aug. 19, 1890, ch. 802, 1, 26 Stat. 327; May
28, 1894, ch. 83, 28 Stat. 83, provided that vessel having the
right-of-way keep course.
Section 107, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 327, related
to crossing ahead of vessel having right-of-way.
Section 108, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 327, related
to duty of steam vessel to slacken speed.
Section 109, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 327, provided
that overtaking vessel keep out of the way of the overtaken vessel,
defined ''overtaken vessel''.
Section 110, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 327, related
to steam vessel in narrow channel.
Section 111, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 327, related
to right of way of fishing vessels or boats, and obstruction of
fairways.
Section 112, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 327, related
to special circumstances requiring departure from rules.
Section 113, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 328, related
to sound signals of steam vessel indicating course.
Repeal effective Jan. 1, 1954, see note set out under sections 61 to
63 of this title.
33 USC 121. Repealed. Oct. 11, 1951, ch. 495, 5, 65 Stat. 407
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 328, related to
additional precautions.
Repeal effective Jan. 1, 1954, see note set out under sections 61 to
63 of this title.
33 USC 131. Repealed. Oct. 11, 1951, ch. 495, 5, 65 Stat. 407
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, act Aug. 19, 1890, ch. 802, 1, 26 Stat. 328, related to
local rules for harbors and inland waters.
Repeal effective Jan. 1, 1954, see note set out under sections 61 to
63 of this title.
33 USC 141. Repealed. Oct. 11, 1951, ch. 495, 5, 65 Stat. 407
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, acts Aug. 19, 1890, ch. 802, 1, 26 Stat. 328; May 28,
1894, ch. 83, 28 Stat. 83, related to distress signals.
Repeal effective Jan. 1, 1954, see note set out under sections 61 to
63 of this title.
33 USC 142. Repealed. Oct. 11, 1951, ch. 495, 5, 65 Stat. 407
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, act Aug. 19, 1890, ch. 802, 1, as added Aug. 21, 1935,
ch. 595, 1, 49 Stat. 668, related to orders to helmsmen.
Repeal effective Jan. 1, 1954, see note set out under sections 61 to
63 of this title.
33 USC 143 to 143b. Repealed. Pub. L. 88-131, 3, Sept. 24, 1963, 77
Stat. 194
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 143, act Oct. 11, 1951, ch. 495, 1, 65 Stat. 406, related
to adoption of rules for prevention of collisions on the high seas, and
to their geographical applicability.
Section 143a, act Oct. 11, 1951, ch. 495, 2, 65 Stat. 407,
provided that Navy and Coast Guard be exempt from the requirements of
the rules.
Section 143b, act Oct. 11, 1951, ch. 495, 6, 65 Stat. 408, related
to identity of regulations authorized to be proclaimed.
Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964,
29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes
under section 1051 of this title.
Proc. No. 3030, Aug. 19, 1953, 18 F.R. 4983, which was the enabling
proclamation for adopting Regulations for Preventing Collisions at Sea,
1948, under act Oct. 11, 1951, ch. 495, 1, 65 Stat. 406, was
superseded by Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as
a note under section 1051 of this title.
Ex. Ord. No. 10402, Oct. 30, 1952, 17 F.R. 9917, which enforced the
Convention for the Safety of Life at Sea, 1948, was revoked by Ex. Ord.
No. 12234, Sept. 3, 1980, 45 F.R. 58801, set out as a note under
section 1602 of this title.
33 USC 144. Repealed. Pub. L. 88-131, 3, Sept. 4, 1963, 77 Stat. 194
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, act Oct. 11, 1951, ch. 495, 6, Pt. A, 65 Stat. 408,
related to applicability of sections 144 to 147d of this title, provided
that rules concerning lights be complied with from sunset to sunrise,
and defined terms used in sections 145 to 147d of this title.
Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964,
29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes
under section 1051 of this title.
33 USC 145 to 145n. Repealed. Pub. L. 88-131, 3, Sept. 24, 1963, 77
Stat. 194
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 145, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 408,
related to lights of power-driven vessels under way and of seaplanes
under way on the water.
Section 145a, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 410,
related to lights of vessel or seaplane towing or pushing other vessels
or seaplanes.
Section 145b, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 410,
related to lights and day signals of vessel not under command and of
vessels engaged in specified operations.
Section 145c, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 411,
related to lights of sailing vessel under way and of vessel or seaplane
in tow and of vessels being pushed ahead.
Section 145d, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 411,
related to lights of small vessel in bad weather.
Section 145e, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 411,
related to substitute lights for small vessel and rowing boats.
Section 145f, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 412,
related to lights of pilot vessel on and off duty.
Section 145g, acts Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat.
413; June 26, 1953, ch. 155, 1, 67 Stat. 83, related to lights and
day signals of fishing vessels.
Section 145h, acts Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat.
414, related to stern and tail lights.
Section 145i, acts Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat.
414; June 26, 1953, ch. 155, 2, 67 Stat. 83, related to lights on
vessels or seaplanes at anchor or aground.
Section 145j, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 415,
related to additional lights and signals when necessary.
Section 145k, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 415,
related to special lights for ships of war, for vessels sailing under
convoy and for seaplanes on the water, recognition signals adopted by
shipowners, and lights of naval and military vessels and seaplanes of
special construction.
Section 145l, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 415,
related to day signal of steam vessel under sail.
Section 145m, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 415,
related to sound signals under conditions of restricted visibility.
Section 145n, act Oct. 11, 1951, ch. 495, 6, Pt. B, 65 Stat. 417,
related to speed in weather restricting visibility.
Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964,
29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes
under section 1051 of this title.
33 USC 146 to 146k. Repealed. Pub. L. 88-131, 3, Sept. 24, 1963, 77
Stat. 194
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 146, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 417,
provided methods of obeying and construing sections 146 to 146k,
suggestion for ascertainment of risk of collision, and advice concerning
the operation of seaplanes.
Section 146a, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 417,
related to sailing vessels approaching one another.
Section 146b, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 417,
related to power-driven vessels meeting end on.
Section 146c, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 418,
related to power-driven vessels crossing.
Section 146d, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 418,
related to vessels or seaplanes meeting.
Section 146e, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 418,
related to the course of vessels having the right of way, and the duty
in aiding to avert collision.
Section 146f, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 418,
related to crossing ahead of vessel having right of way.
Section 146g, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 418,
related to duty of power-driven vessel to slacken speed.
Section 146h, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 418,
provided that overtaking vessel keep out of the way of the overtaken
vessel, defined ''overtaken vessel''.
Section 146i, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 419,
related to power-driven vessels in narrow channels and in nearing bends
in a channel.
Section 146j, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 419,
related to right of way of fishing vessels, and obstruction of fairways.
Section 146k, act Oct. 11, 1951, ch. 495, 6, Pt. C, 65 Stat. 419,
related to special circumstances requiring departure from rules.
Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964,
29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes
under section 1051 of this title.
33 USC 147 to 147d. Repealed. Pub. L. 88-131, 3, Sept. 24, 1963, 77
Stat. 194
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 147, act Oct. 11, 1951, ch. 495, 6, Pt. D, 65 Stat. 419,
related to sound signals of vessels indicating course.
Section 147a, act Oct. 11, 1951, ch. 495, 6, Pt. D, 65 Stat. 419,
related to additional precautions.
Section 147b, act Oct. 11, 1951, ch. 495, 6, Pt. D, 65 Stat. 420,
related to local rules for harbors and inland waters.
Section 147c, act Oct. 11, 1951, ch. 495, 6, Pt. D, 65 Stat. 420,
related to distress signals.
Section 147d, act Oct. 11, 1951, ch. 495, 6, Pt. D, 65 Stat. 420,
related to orders to helmsmen, and has been omitted.
Repeal effective Sept. 1, 1963, see Proc. No. 3632, Dec. 29, 1964,
29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes
under section 1051 of this title.
33 USC CHAPTER 3 -- NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND
WATERS GENERALLY
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Sec.
151. High seas and inland waters demarcation lines.
(a) Establishment and purpose.
(b) Applicability of other statutes; limitation; position.
(c) ''United States'' defined.
152. Regulation of length of towlines.
153. Penalty for use of unlawful towline.
154 to 159. Repealed.
171 to 183. Repealed.
191, 192. Repealed.
201 to 213. Repealed.
221, 222. Repealed.
231. Repealed.
232. Repealed.
33 USC SUBCHAPTER I -- PRELIMINARY
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 151. High seas and inland waters demarcation lines
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
(a) Establishment and purpose
The Secretary of the department in which the Coast Guard is operating
shall establish appropriate identifiable demarcation lines dividing the
high seas from harbors, rivers, and other inland waters of the United
States, for the purpose of determining the applicability of special
navigational rules in lieu of the International Regulations for
Preventing Collisions at Sea.
(b) Applicability of other statutes; limitation; position
The Secretary shall also establish appropriate identifiable lines
dividing inland waters of the United States from the high seas for the
purpose of determining the applicability of each statute that refers to
this section or this section, as amended. These lines may not be
located more than twelve nautical miles seaward of the base line from
which the territorial sea is measured. These lines may differ in
position for the purposes of different statutes.
(c) ''United States'' defined
For the purposes of this section, the term ''United States'' includes
the several States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other Commonwealth,
territory, or possession of the United States.
(Feb. 19, 1895, ch. 102, 2, 28 Stat. 672; Aug. 8, 1980, Pub. L.
96-324, 1, 94 Stat. 1020; Oct. 3, 1980, Pub. L. 96-376, 13, 94 Stat.
1511; Dec. 24, 1980, Pub. L. 96-591, 9, 94 Stat. 3436.)
The International Regulations for Preventing Collisions at Sea,
referred to in subsec. (a), are set out in Appendix A to Part 81 of
Title 33, Code of Federal Regulations.
Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat.
96, which comprises a major part of this chapter.
1980 -- Subsec. (a). Pub. L. 96-324 designated existing provisions
as subsec. (a), substituted provision authorizing the Secretary of the
Department in which the Coast Guard is operating to establish
demarcation lines for provision authorizing the Secretary of the
Treasury to establish demarcation lines, and inserted provision
specifying the purpose of establishing demarcation lines as determining
the applicability of special navigational rules in lieu of the
International Regulations for Preventing Collisions at Sea.
Subsec. (b). Pub. L. 96-324 added subsec. (b).
Subsec. (c). Pub. L. 96-591 and Pub. L. 96-376 made identical
amendments by striking out reference to the Canal Zone.
Pub. L. 96-324 added subsec. (c).
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.
Vessel bridge-to-bridge radiotelephone requirement and capability for
vessels on navigable waters of United States inside lines established
under this section, see section 1203 of this title.
33 USC 152. Regulation of length of towlines
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The Commandant of the Coast Guard shall prepare regulations limiting
the length of hawsers between towing vessels and seagoing barges in tow
and the length of such tows within any of the inland waters of the
United States designated and defined from time to time pursuant to
section 151 of this title, and such regulations shall have the force of
law.
(May 28, 1908, ch. 212, 14, 35 Stat. 428; June 17, 1910, ch. 301,
4, 6, 36 Stat. 537, 538; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736;
June 30, 1932, ch. 314, 501, 502, 47 Stat. 415; May 27, 1936, ch. 463,
1, 49 Stat. 1380; 1939 Reorg. Plan No. II, 2(a), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1432; 1946 Reorg. Plan No. 3, 101-104, eff. July
16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 4, 1949, ch. 393, 1, 20, 63
Stat. 496, 561.)
Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat.
96, which comprises a major part of this chapter.
''Commandant of the Coast Guard'' substituted in text for provision
that the Chairman of the Light House Board, the Supervising Inspector
General of the Steamboat Inspection Service and the Commissioner of
Navigation shall convene as a board to prepare regulations, and for
approval of the regulations by the Secretary of Commerce and Labor.
Secretary of Commerce and Labor designated Secretary of Commerce by
act Mar. 4, 1913, which created Department of Labor.
Sections 4 and 6 of act June 17, 1910, established in Department of
Commerce and Labor a Bureau of Lighthouses with a Commissioner of
Lighthouses as its head, and transferred duties of Light House Board to
such Commissioner. Said sections 4 and 6 were repealed by section 20 of
act Aug. 4, 1949, section 1 of which reestablished Coast Guard by
enacting Title 14, Coast Guard. Section 2(a) of Reorg. Plan No. II, of
1939, set out in the Appendix to Title 5, Government Organization and
Employees, consolidated Bureau of Lighthouses with Coast Guard, the
Chief of which is Commandant of the Coast Guard.
Supervising Inspector General of the Steamboat Inspection Service and
Commissioner of Navigation of Bureau of Navigation were affected by
Secretary's authority to retain or dismiss officers and employees upon
consolidation of bureaus under section 502(b) of act June 30, 1932.
Steamboat Inspection Service and Bureau of Navigation consolidated
into Bureau of Navigation and Steamboat Inspection to be under direction
of a chief of bureau by section 501 of act June 30, 1932.
Director of the Bureau of Navigation and Steamboat Inspection was
designation given to chief of such Bureau by Secretary of Commerce under
section 502(b) of act June 30, 1932.
Bureau of Marine Inspection and Navigation was designation given to
Bureau of Navigation and Steamboat Inspection by act May 27, 1936.
Functions of Secretary of Commerce and Director of Bureau of Marine
Inspection and Navigation under this section transferred to Commandant
of the Coast Guard by Reorg. Plan No. 3, of 1946, 101 to 104, set out
in the Appendix to Title 5.
Coast Guard transferred to Department of Transportation, and
functions, powers, and duties relating to Coast Guard of Secretary of
the Treasury and of other officers and offices of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L.
89-670, however, provided that notwithstanding such transfer of
functions, Coast Guard shall operate as part of Navy in time of war or
when President directs as provided in section 3 of Title 14, Coast
Guard. See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,
1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out
in the Appendix to Title 5. Functions of Coast Guard, and Commandant of
the Coast Guard, excepted from transfer when Coast Guard is operating as
part of Navy under sections 1 and 3 of Title 14, Coast Guard.
33 USC 153. Penalty for use of unlawful towline
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The master of the towing vessel shall be liable to the suspension or
revocation of his license for any willful violation of regulations
issued pursuant to section 152 of this title in the manner prescribed
for incompetency, misconduct, or unskillfulness.
(May 28, 1908, ch. 212, 15, 35 Stat. 429.)
Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat.
96, which comprises a major part of this chapter.
Suspension or revocation of master's license, see section 7703 of
Title 46, Shipping.
33 USC 154. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94 Stat.
3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, acts June 7, 1897, ch. 4, 1, 30 Stat. 96; May 21, 1948,
ch. 328, 1, 62 Stat. 249; Aug. 8, 1953, ch. 386, 1, 67 Stat. 497,
provided for adoption of rules of navigation of harbors, rivers, and
inland waters. See section 2001 of this title.
Prior rules for preventing collision prescribed by R.S. 4233 to be
followed by vessels of the Navy and mercantile marine of the United
States, applicable originally to all waters, were superseded as to
navigation on the high seas and waters connected therewith by the
International Rules (act Aug. 19, 1890, ch. 802 (sec. 61 et seq. of this
title)) were superseded as to navigation on the Great Lakes and their
connecting and tributary waters as far east as Montreal, by act Feb. 8,
1895, ch. 64 (section 241 et seq. of this title); were adopted as
special rules for the navigation of harbors, rivers, and inland waters
of the United States, except the Great Lakes and their connecting and
tributary waters as far east as Montreal by act of Feb. 19, 1895, ch.
102 (see section 301 et seq. of this title); and were superseded by act
June 7, 1897, ch. 4, as to navigation of all harbors, rivers, and
inland waters of the United States except as specified in this
paragraph, leaving them applicable solely to the Red River of the North
and the rivers emptying into the Gulf of Mexico and their tributaries
(see section 2001 et seq. of this title).
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC 155 to 159. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 155, act June 7, 1897, ch. 4, 1, 30 Stat. 96, defined
''sailing vessel'', ''steam vessel'', and ''under way''. See section
2003 of this title.
Section 156, act June 7, 1897, ch. 4, 1, 30 Stat. 96, defined
''visible''. See section 2003 of this title.
Section 157, acts June 7, 1897, ch. 4, 2, 30 Stat. 102; May 25,
1914, ch. 98, 38 Stat. 381; June 30, 1932, ch. 314, 501, 502(b), 47
Stat. 415; May 27, 1936, ch. 463, 1, 49 Stat. 1380; 1946 Reorg.
Plan No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat 1097;
May 21, 1948, ch. 328, 3, 62 Stat. 249; Aug. 14, 1958, Pub. L.
85-656, 1, 72 Stat. 612, provided for promulgation of special rules by
the Secretary of the department in which the Coast Guard is operating,
and covered publication of rules and hearings in connection therewith.
See section 2071 of this title.
Section 157a, Pub. L. 88-163, Oct. 30, 1963, 77 Stat. 281,
provided for regulations for navigation or operation under bridges over
navigable waters. See section 2001 et seq. of this title.
Section 158, acts June 7, 1897, ch. 4, 3, 30 Stat. 102; May 21,
1948, ch. 328, 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85-656, 1, 72
Stat. 612, set out penalties for violations by pilots, engineers,
mates, or masters. See section 2072 of this title.
Section 159, acts June 7, 1897, ch. 4, 4, 30 Stat. 103; May 21,
1948, ch. 328, 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85-656, 1, 72
Stat. 612, provided for a penalty for violations by vessels. See
section 2072 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER II -- RULES CONCERNING LIGHTS, ETC.
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 171 to 183. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 171, act June 7, 1897, ch. 4, 1, 30 Stat. 96, made general
provision for the application of rules regarding lights. See section
2020 of this title.
Section 172, act June 7, 1897, ch. 4, 1, 30 Stat. 96, related to
lights of steam vessels underway. See section 2023 of this title.
Section 173, acts June 7, 1897, ch. 4, 1, 30 Stat. 97; May 20,
1936, ch. 433, 49 Stat. 1367; May 21, 1948, ch. 328, 2, 62 Stat.
249; Aug. 14, 1958, Pub. L. 85-635, 1, 72 Stat. 590, related to
lights of vessels towing or pushing another vessel. See section 2024 of
this title.
Section 174, acts June 7, 1897, ch. 4, 1, 30 Stat. 97; Mar. 1,
1933, ch. 157, 47 Stat. 1417, related to lights of sailing vessels
underway and vessels being towed. See sections 2024 and 2025 of this
title.
Section 175, act June 7, 1897, ch. 4, 1, 30 Stat. 97, related to
lights of small vessels underway in bad weather. See section 2023 of
this title.
Section 176, act June 7, 1897, ch. 4, 1, 30 Stat. 98, related to
lights of rowboats. See section 2025 of this title.
Section 177, acts June 7, 1897, ch. 4, 1, 30 Stat. 98; Feb. 19,
1900, ch. 22, 1, 31 Stat. 30, related to lights of pilot vessels on
and off duty. See section 2029 of this title.
Section 178, act June 7, 1897, ch. 4, 1, 30 Stat. 98; 1946 Reorg.
Plan No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097,
related to lights of fishing vessels. See section 2026 of this title.
Section 179, acts June 7, 1897, ch. 4, 1, 30 Stat. 98; Aug. 14,
1958, Pub. L. 85-635, 2, 72 Stat. 590, related to lights of overtaken
vessels. See section 2022 of this title.
Section 180, acts June 7, 1897, ch. 4, 1, 30 Stat. 98; Apr. 22,
1940, ch. 128, 1, 54 Stat. 150; Aug. 5, 1963, Pub. L. 88-84, 1, 77
Stat. 116; Oct. 15, 1966, Pub. L. 89-670, 6, 80 Stat. 937, related
to lights of vessels at anchor. See section 2030 of this title.
Section 181, act June 7, 1897, ch. 4, 1, 30 Stat. 99, related to
additional lights when necessary. See section 2022 of this title.
Section 182, act June 7, 1897, ch. 4, 1, 30 Stat. 99, related to
special lights for ships of war and convoy. See section 2071 of this
title.
Section 183, act June 7, 1897, ch. 4, 1, 30 Stat. 99, related to
day signal of vessels under sail. See section 2025 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER III -- SOUND SIGNALS FOR FOG, ETC.; SPEED
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 191, 192. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 191, acts June 7, 1897, ch. 4, 1, 30 Stat. 99; Aug. 5,
1963, Pub. L. 88-84, 2, 77 Stat. 116, made general provision for sound
signals for fog, etc. See section 2035 of this title.
Section 192, act June 7, 1897, ch. 4, 1, 30 Stat. 99, related to
speed of vessels in fog, etc. See section 2006 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER IV -- STEERING AND SAILING RULES AND SIGNALS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 201 to 213. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 201, act June 7, 1897, ch. 4, 1, 30 Stat. 100, related to
ascertainment of risk of collision. See section 2007 of this title.
Section 202, act June 7, 1897, ch. 4, 1, 30 Stat. 100, related to
sailing vessels approaching one another. See section 2012 of this
title.
Section 203, acts June 7, 1897, ch. 4, 1, 30 Stat. 100; Aug. 21,
1935, ch. 595, 2, 49 Stat. 669, related to steam vessels approaching,
meeting, or passing one another. See section 2013 et seq. of this
title.
Section 204, act June 7, 1897, ch. 4, 1, 30 Stat. 101, related to
steam vessels crossing. See section 2015 of this title.
Section 205, acts June 7, 1897, ch. 4, 1, 30 Stat. 101; Nov. 5,
1966, Pub. L. 89-764, 1, 80 Stat. 1313, related to steam and sailing
vessels meeting. See section 2018 of this title.
Section 206, act June 7, 1897, ch. 4, 1, 30 Stat. 101, provided
that vessel having the right of way was to keep course. See section
2017 of this title.
Section 207, act June 7, 1897, ch. 4, 1, 30 Stat. 101, related to
situation when a vessel crosses ahead of a vessel having the
right-of-way. See section 2015 of this title.
Section 208, act June 7, 1897, ch. 4, 1, 30 Stat. 101, related to
duty of steam vessels to slacken speed. See section 2006 of this title.
Section 209, act June 7, 1897, ch. 4, 1, 30 Stat. 101, provided
that an overtaking vessel keep out of the way and defined the term
''overtaking vessel''. See section 2013 of this title.
Section 210, acts June 7, 1897, ch. 4, 1, 30 Stat. 101; Nov. 5,
1966, Pub. L. 89-764, 2, 80 Stat. 1313, related to operation of steam
vessels in a narrow channel. See section 2009 of this title.
Section 211, act June 7, 1897, ch. 4, 1, 30 Stat. 102, related to
right of way of fishing vessels or boats. See section 2018 of this
title.
Section 212, act June 7, 1897, ch. 4, 1, 30 Stat. 102, provided for
departure from the rules in special circumstances. See section 2002 of
this title.
Section 213, act June 7, 1897, ch. 4, 1, 30 Stat. 102, related to
signal to be given that a vessel's engines are going at full speed
astern. See section 2034 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER V -- NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT
PROPER PRECAUTIONS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 221, 222. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 221, act June 7, 1897, ch. 4, 1, 30 Stat. 102, related to
usual additional precautions generally required. See section 2002 of
this title.
Section 222, act June 7, 1897, ch. 4, 1, 30 Stat. 102, related to
suspension of rules regarding the exhibition of lights on vessels of war
or of the Coast Guard. See section 2001 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER VI -- DISTRESS SIGNALS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 231. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94 Stat.
3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, act June 7, 1897, ch. 4, 1, 30 Stat. 102, related to
distress signals. See section 2037 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER VII -- ORDERS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 232. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94 Stat.
3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, act June 7, 1897, ch. 4, 1, as added Aug. 21, 1935, ch.
595, 2, 49 Stat. 669, related to orders to helmsmen.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC CHAPTER 4 -- NAVIGATION RULES FOR GREAT LAKES AND THEIR
CONNECTING AND TRIBUTARY WATERS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Prior rules for preventing collision prescribed by R.S. 4233 to be
followed by vessels of the Navy and mercantile marine of the United
States, applicable originally to all waters, were superseded as to
navigation on the high seas and waters connected therewith by the
International Rules (act Aug. 19, 1890, ch. 802 (sec. 61 et seq. of this
title)) were superseded as to navigation on the Great Lakes and their
connecting and tributary waters as far east as Montreal, by act Feb. 8,
1895, ch. 64 (section 241 et seq. of this title); were adopted as
special rules for the navigation of harbors, rivers, and inland waters
of the United States, except the Great Lakes and their connecting and
tributary waters as far east as Montreal by act of Feb. 19, 1895, ch.
102 (see section 301 et seq. of this title); and were superseded as to
navigation of all harbors, rivers, and inland waters of the United
States, except the Great Lakes and their connecting and tributary waters
as far east as Montreal and the Red River of the North and rivers
emptying into the Gulf of Mexico and their tributaries by act June 7,
1897, ch. 4, 1, 30 Stat. 96 (section 151 et seq. of this title),
leaving them applicable solely to the Red River of the North and rivers
emptying into the Gulf of Mexico. See section 2001 et seq. of this
title.
33 USC SUBCHAPTER I -- PRELIMINARY
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 241 to 244. Repealed. Pub. L. 96-591, 8(b), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 241, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 645; Mar.
28, 1958, Pub. L. 85-350, 1, 72 Stat. 49, required adoption of rules
for navigation of Great Lakes and connecting and tributary waters. See
section 2001 of this title.
Section 242, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 645, defined
''sailing vessel'', ''steam vessel'' and ''under way''. See section
2003 of this title.
Section 243, acts Feb. 8, 1895, ch. 64, 3, 28 Stat. 649; Feb.
14, 1903, ch. 552, 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, 1, 37
Stat. 736; 1946 Reorg. Plan No. 3, 101-104, eff. July 16, 1946, 11
F.R. 7875, 60 Stat. 1097, related to authority of Commandant of the
Coast Guard to establish necessary regulations. See section 2071 of
this title.
Section 244, acts Feb. 8, 1895, ch. 64, 2, 28 Stat. 649; Mar.
28, 1958, Pub. L. 85-350, 2, 72 Stat. 49, related to liability of
persons and private vessels for violation of provisions. See section
2072 of this title.
Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8,
1982, see section 7 of Pub. L. 96-591, set out as an Effective Date
note under section 2001 of this title.
33 USC SUBCHAPTER II -- RULES CONCERNING LIGHTS, ETC.
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 251 to 262. Repealed. Pub. L. 96-591, 8(b), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 251, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 645; May 17,
1928, ch. 600, 45 Stat. 592, related to time for lights and
exclusivity of prescribed lights, and defined ''visible''. See section
2020 of this title.
Section 252, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 645; May 17,
1928, ch. 600, 45 Stat. 592; Feb. 28, 1929, ch. 370, 45 Stat. 1405;
May 9, 1932, ch. 175, 1, 47 Stat. 152; Mar. 18, 1948, ch. 138, 1-3,
62 Stat. 82, related to lights of steam vessels under way. See section
2023 of this title.
Section 253, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 646, related to
lights of steam vessels having a tow other than a raft. See section 2024
of this title.
Section 254, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 646, related to
lights of steam vessels having a raft in tow. See section 2024 of this
title.
Section 255, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 646, related to
lights of sailing vessels under way and vessels in tow. See sections
2024 and 2025 of this title.
Section 256, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 646; May 17,
1928, ch. 601, 1, 45 Stat. 593; 1946 Reorg. Plan No. 3,
101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related
to lights of small tugs, boats on River St. Lawrence, ferryboats, rafts
and canal boats.
Section 257, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 646, related to
lights of small vessels under way in bad weather.
Section 258, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 647; May 17,
1928, ch. 600, 45 Stat. 592; Apr. 22, 1940, ch. 128, 2, 54 Stat.
150; Jan. 12, 1983, Pub. L. 97-449, 2(d)(1), 96 Stat. 2440, related
to lights of vessels at anchor. See section 2030 of this title.
Section 259, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 647; 1946
Reorg. Plan No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097, related to lights of produce boats, canal boats, etc.,
navigating by hand or horsepower or by sail or by current, or at anchor.
Section 260, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 647, related to
lights of open boats.
Section 261, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 647, related to
use of torch by sailing vessels on approach of steamer.
Section 262, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 647, related to
suspension of lights by vessels of war or Coast Guard vessels. See
section 2001 of this title.
Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8,
1982, see section 7 of Pub. L. 96-591, set out as an Effective Date
note under section 2001 of this title.
33 USC SUBCHAPTER III -- SOUND SIGNALS FOR FOG, ETC.; SPEED
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 271, 272. Repealed. Pub. L. 96-591, 8(b), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 271, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 647; 1946
Reorg. Plan No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097; Mar. 18, 1948, ch. 138, 4, 62 Stat. 82, related to sound
signals in fog, etc., of steam and sailing vessels under way, at anchor
or aground. See section 2032 et seq. of this title.
Section 272, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 648, related to
speed in fog, etc. See sections 2019 and 2035 of this title.
Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8,
1982, see section 7 of Pub. L. 96-591, set out as an Effective Date
note under section 2001 of this title.
33 USC SUBCHAPTER IV -- STEERING AND SAILING RULES
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 281 to 293. Repealed. Pub. L. 96-591, 8(b), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 281, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 648, related to
steering and sailing rules for sailing vessels approaching one another.
See section 2012 of this title.
Section 282, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 648, related to
steam vessels meeting end on. See section 2014 of this title.
Section 283, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 648, related to
steam vessels crossing. See section 2015 of this title.
Section 284, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 648; Nov. 5,
1966, Pub. L. 89-764, 3, 80 Stat. 1313, related to steam and sailing
vessels meeting. See section 2018 of this title.
Section 285, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 649, related to
maintenance of course and speed by vessel having right-of-way. See
section 2017 of this title.
Section 286, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 649, related to
duty of steam vessel to slacken speed. See section 2017 of this title.
Section 287, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 649, related to
duty of overtaking vessel to keep out of the way. See section 2013 of
this title.
Section 288, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 649, related to
whistle signals of steam vessels to indicate course. See section 2034
of this title.
Section 289, acts Feb. 8, 1895, ch. 64, 1, 28 Stat. 649; Nov. 5,
1966, Pub. L. 89-764, 4, 80 Stat. 1313, related to right-of-way when
steam vessels meet in narrow channels having current and certain rivers,
etc. See section 2009 of this title.
Section 290, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 649, related to
steam vessels passing in narrow channels and slackening speed when
meeting in narrow channels. See section 2008 of this title.
Section 291, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 649, related to
dissent to or misunderstanding of signal given and duty to reduce speed.
See section 2034 of this title.
Section 292, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 649, related to
departure from rules to avert immediate danger. See section 2002 of
this title.
Section 293, act Feb. 8, 1895, ch. 64, 1, 28 Stat. 649, related to
usual additional precautions generally required. See section 2002 of
this title.
Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8,
1982, see section 7 of Pub. L. 96-591, set out as an Effective Date
note under section 2001 of this title.
33 USC SUBCHAPTER V -- ORDERS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 294. Repealed. Pub. L. 96-591, 8(b), Dec. 24, 1980, 94 Stat.
3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, act Feb. 8, 1895, ch. 64, 1, as added Aug. 21, 1935, ch.
595, 3, 49 Stat. 669, related to orders to helmsmen.
Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8,
1982, see section 7 of Pub. L. 96-591, set out as an Effective Date
note under section 2001 of this title.
33 USC SUBCHAPTER VI -- VESSELS NOT UNDER WAY
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 295. Repealed. Pub. L. 96-591, 8(b), Dec. 24, 1980, 94 Stat.
3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, act Feb. 8, 1895, ch. 64, 1, as added Mar. 18, 1948, ch.
138, 5, 62 Stat. 82, related to day and night signals for vessels
anchored, not under command, or aground. See section 2035 of this
title.
Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8,
1982, see section 7 of Pub. L. 96-591, set out as an Effective Date
note under section 2001 of this title.
33 USC CHAPTER 5 -- NAVIGATION RULES FOR RED RIVER OF THE NORTH AND
RIVERS EMPTYING INTO GULF OF MEXICO AND TRIBUTARIES
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The rules for preventing collisions prescribed by R.S. 4233, as
amended, formed the basis of this chapter. Those rules as enacted were
not limited in application to the navigation of any waters. But they
were superseded as to navigation on the high seas and in all coast
waters of the United States, except such as were otherwise provided for,
by the adoption of ''Revised International Regulations'' by act Mar. 3,
1885, ch. 354, 23 Stat. 438; and these regulations were superseded by
the adoption of the subsequent regulations of act Aug. 19, 1890, set
out as section 61 et seq. and section 1051 et seq. of this title. The
rules prescribed by R.S. 4233 were further superseded, as to navigation
on the Great Lakes and their connecting and tributary waters as far east
as Montreal, by the rules applying to such navigation prescribed by act
Feb. 8, 1895 (section 241 et seq. of this title). The provisions of
R.S. 4233, 4412, and 4413 and regulations pursuant thereto were adopted
as special rules for the navigation of harbors, rivers, and inland
waters of the United States (except the Great Lakes and their connecting
and tributary waters as far east as Montreal) by act Feb. 19, 1895.
R.S. 4412 and 4413 were classified to section 381 of former Title 46,
Shipping. But thereafter the rules prescribed by R.S. 4233, were
further superseded as to navigation of all harbors, rivers, and inland
waters except the Red River of the North and rivers emptying into the
Gulf of Mexico and their tributaries, by the rules applying to all such
waters other than the specific exceptions, of act June 7, 1897 (section
151 et seq. of this title). The rules prescribed by R.S. 4233,
therefore, remained in force only as to the navigation of the Red River
of the North and rivers emptying into the Gulf of Mexico and their
tributaries. See section 2001 et seq. of this title.
33 USC SUBCHAPTER I -- PRELIMINARY
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 301 to 303. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 301, R.S. 4233; Aug. 19, 1890, ch. 802, 26 Stat. 320;
Feb. 8, 1895, ch. 64, 1, 28 Stat. 645; Feb. 19, 1895, ch. 102, 1, 28
Stat. 672; June 7, 1897, ch. 4, 30 Stat. 96; May 21, 1948, ch.
328, 4, 62 Stat. 250; Aug. 8, 1953, ch. 386, 2, 67 Stat. 497, made
provision for the adoption of rules for navigation on the Red River of
the North and rivers emptying into the Gulf of Mexico and tributaries.
See section 2001 et seq. of this title.
Section 302, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Mar. 3, 1905, ch. 1457, 10, 33 Stat. 1032; May 21, 1948, ch. 328, 4,
62 Stat. 250, defined the terms ''steam vessel'', ''under way'',
''visible'', and ''distinct blast''. See section 2003 of this title.
Section 303, act Feb. 19, 1895, ch. 102, 3, 28 Stat. 672, set
penalties for violation by vessels. See section 2072 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER II -- RULES CONCERNING LIGHTS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 311 to 323. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 311, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 250, related generally to the times
during which rules for the display of lights were to be followed. See
section 2020 of this title.
Section 312, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 250; Aug. 14, 1958, Pub. L.
85-635, 3, 72 Stat. 590, set out requirements for lights on vessels
towing alongside or pushing a vessel or vessels. See section 2024 of
this title.
Section 313, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 251, related to lights of vessels
towing a vessel or vessels astern. See section 2024 of this title.
Section 314, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 251, related to lights of seagoing
steam vessels under way. See section 2023 of this title.
Section 315, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 251, related to lights of river
steamers. See section 2023 of this title.
Section 316, R.S. 4233; Mar. 3, 1893, ch. 202, 27 Stat. 557;
Feb. 19, 1895, ch. 102, 1, 28 Stat. 672; 1946 Reorg. Plan No. 3,
101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; May 21,
1948, ch. 328, 4, 62 Stat. 251, related to requirements of additional
lights and to requirements of lights on steam vessels not otherwise
provided for. See section 2023 of this title.
Section 317, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 251, related to lights of sailing
vessels under way and vessels being towed. See sections 2024 and 2025
of this title.
Section 318, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 251, related to lights of small
vessels in bad weather. See sections 2020 and 2022 of this title.
Section 319, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Apr. 22, 1940, ch. 128, 3, 54 Stat. 151; May 21, 1948, ch. 328, 4, 62
Stat. 252; Aug. 14, 1958, Pub. L. 85-635, 4, 72 Stat. 591, related to
lights of overtaken vessels. See section 2022 of this title.
Section 320, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Mar. 3, 1897, ch. 389, 5, 29 Stat. 689; May 21, 1948, ch. 328, 4, 62
Stat. 252, related to lights of sailing and steam pilot vessels. See
sections 2025 and 2029 of this title.
Section 321, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 252, related to lights on
motorboats. See section 2023 of this title.
Section 322, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 252; Aug. 5, 1963, Pub. L. 88-84,
3, 77 Stat. 116; Oct. 15, 1966, Pub. L. 89-670, 6(g)(1)(D), 80 Stat.
941, related to lights of vessels at anchor. See section 2030 of this
title.
Section 323, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Mar. 3, 1897, ch. 389, 12, 29 Stat. 690; May 21, 1948, ch. 328, 4, 62
Stat. 253, related to lights on warships and Coast Guard cutters. See
section 2001 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER III -- SOUND SIGNALS FOR FOG, ETC.
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 331. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94 Stat.
3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Mar. 3, 1897, ch. 389, 12, 29 Stat. 690; May 21, 1948, ch. 328, 4,
62 Stat. 253; Aug. 5, 1963, Pub. L. 88-84, 4, 77 Stat. 117, related
to manner of giving signals for vessels under way, in fog or bad
weather, or at anchor. See section 2035 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER IV -- STEERING AND SAILING RULES
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 341 to 351. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 341, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Mar. 3, 1897, ch. 389, 12, 29 Stat. 690; May 21, 1948, ch. 328, 4, 62
Stat. 253, related to rate of speed in fog or bad weather conditions.
See sections 2006 and 2019 of this title.
Section 341a, R.S. 4233; May 21, 1948, ch. 328, 4, 62 Stat. 254,
related to ascertainment of risk of collision. See section 2007 of this
title.
Section 342, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 26 Stat. 672;
Mar. 3, 1897, ch. 389, 12, 29 Stat. 690; May 21, 1948, ch. 328, 4, 62
Stat. 253, related to situation in which sailing vessels were
approaching one another. See section 2012 of this title.
Section 343, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 254, related to steam vessels
meeting end on. See section 2014 of this title.
Section 344, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 254, related to signals to be given
in the situation where steam vessels are crossing. See sections 2015
and 2034 of this title.
Section 345, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 255; Nov. 5, 1966, Pub. L.
89-764, 5, 80 Stat. 1313, related to steam vessels and sailing vessels
meeting. See section 2018 of this title.
Section 346, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 255, related to duty of steam
vessels to slacken speed. See sections 2006, 2017 of this title.
Section 347, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 255, related to duty of an
overtaking vessel to keep out of the way. See section 2013 of this
title.
Section 348, R.S. 4233; Feb. 19, 1895, ch. 102, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 255, set out rule that a vessel
having the right of way was to keep course. See section 2017 of this
title.
Section 348a, R.S. 4233, Rule 23(A), as added Pub. L. 89-764, 6,
Nov. 5, 1966, 80 Stat. 1313, related to rule that a steam vessel could
not hamper safe passage of a large vessel or vessel in tow. See section
2018 of this title.
Section 349, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
May 21, 1948, ch. 328, 4, 62 Stat. 255, related to danger signals,
responding signals, and additional signals. See section 2032 et seq.
of this title.
Section 350, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Mar. 3, 1897, ch. 389, 13, 29 Stat 690; May 21 1948, ch. 328, 4, 62
Stat. 256, related to departures from the rules to avoid collision.
See sections 2008 and 2017 of this title.
Section 351, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Mar. 3, 1897, ch. 389, 13, 29 Stat. 690; May 21, 1948, ch. 328, 4, 62
Stat. 256, related to usual additional precautions required. See
section 2002 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER V -- ORDERS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 352. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94 Stat.
3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, R.S. 4233; Feb. 19, 1895, ch. 102, 1, 28 Stat. 672;
Aug. 21, 1935, ch. 595, 4, 49 Stat. 669; May 21, 1948, ch. 328, 4,
62 Stat. 256, related to orders given to helmsmen.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC SUBCHAPTER VI -- MISCELLANEOUS PROVISIONS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 353 to 356. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 353, R.S. 4233A, as added May 21, 1948, ch. 328, 4, 62
Stat. 256, and amended Aug. 14, 1958, Pub. L. 85-656, 2, 72 Stat.
612, related to establishment of special rules. See section 2001 of
this title.
Section 354, R.S. 4233B, as added May 21, 1948, ch. 328, 4, 62
Stat. 256, related to penalties for violations by pilots, engineers,
mates, or masters. See section 2072 of this title.
Section 355, R.S. 4233C, as added May 21, 1948, ch. 328, 4, 62
Stat. 257, related to penalties for violation of the rules by a vessel.
See sections 2002 and 2072 of this title.
Section 356, acts May 21, 1948, ch. 328, 5, 62 Stat. 257; Oct.
15, 1966, Pub. L. 89-670, 6(b)(1), 80 Stat. 938, related to exempted
status of Navy and Coast Guard vessels from complying with International
Rules of the Road. See section 2001 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC CHAPTER 5A -- EXEMPTION OF NAVY OR COAST GUARD VESSELS FROM
CERTAIN NAVIGATION RULES
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 360, 360a. Repealed. Pub. L. 96-591, 8(a), Dec. 24, 1980, 94
Stat. 3435
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 360, acts Dec. 3, 1945, ch. 511, 1, 59 Stat. 590; Oct.
15, 1966, Pub. L. 89-670, 6(b)(1), 80 Stat. 938, provided that vessels
of special construction be exempted from requirements with regard to
number and position of lights. See section 2001 of this title.
Section 360a, acts Dec. 3, 1945, ch. 511, 2, 59 Stat. 591; Oct.
15, 1966, Pub. L. 89-670, 6(b)(1), 80 Stat. 938, related to
publication of notice when the Secretary of the department in which the
Coast Guard was operating made findings or certifications described in
section 360 of this title.
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591,
set out as an Effective Date note under section 2001 of this title.
33 USC CHAPTER 6 -- GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER
COLLISION OR OTHER ACCIDENT
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 361 to 368. Repealed. Pub. L. 98-89, 4(b), Aug. 26, 1983, 97
Stat. 599
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section 361, act June 20, 1874, ch. 344, 10, 18 Stat. 128; 1946
Reorg. Plan. No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097, required filing of reports to Coast Guard on accidents
involving United States vessels and provided penalty for failure to
comply. See sections 6101, 6103 of Title 46, Shipping.
Section 362, act June 20, 1874, ch. 344, 11, 18 Stat. 128; 1946
Reorg. Plan No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097, required reporting of probable loss of vessels and provided
penalty for failure to comply. See sections 6101, 6103 of Title 46.
Section 363, acts June 20, 1874, ch. 344, 12, 18 Stat. 128; Feb.
14, 1903, ch. 552, 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, 1, 37
Stat. 736; 1946 Reorg. Plan No. 3, 101-104, eff. July 16, 1946, 11
F.R. 7875, 60 Stat. 1097, related to transmission of reports by Coast
Guard officials to Commandant of Coast Guard.
Section 364, acts June 20, 1874, ch. 344, 13, 18 Stat. 128; Mar.
3, 1897, ch. 389, 11, 29 Stat. 689; Feb. 14, 1903, ch. 552, 10, 32
Stat. 829; Mar. 4, 1913, ch. 141, 1, 37 Stat. 736; 1946 Reorg.
Plan No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097,
related to remission and recovery of penalties. See section 2107 of
Title 46.
Section 365, act Mar. 4, 1915, ch. 153, 15, 38 Stat. 1184; 1946
Reorg. Plan No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097, related to reports by owners of barges in tow. See section
6101 of Title 46.
Section 366, act Mar. 4, 1915, ch. 153, 15, 38 Stat. 1184; 1946
Reorg. Plan No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097, required Commandant of Coast Guard to transmit annually to
Congress a summary of reports transmitted to him by Coast Guard
officials as required under sections 361 to 365 of this title. See
section 6307 of Title 46.
Section 367, act Sept. 4, 1890, ch. 875, 1, 26 Stat. 425, related
to duty of master of a vessel in collision to give aid, and to give name
of his vessel together with other information about his vessel. See
sections 2303, 2304 of Title 46.
Section 368, act Sept. 4, 1890, ch. 875, 2, 26 Stat. 425, set out
penalties for failure to give aid as required by section 367 of this
title. See sections 2303, 2304 of Title 46.
Act Sept. 4, 1890, ch. 875, 3, 26 Stat. 425, which provided that
sections 367 and 368 of this title were to take effect at a time to be
fixed by President by proclamation (effective Dec. 15, 1890, by
Presidential Proclamation of Nov. 18, 1890, 26 Stat. 1561), was repealed
by Pub. L. 98-89, 4(b), 97 Stat. 599.
33 USC CHAPTER 7 -- REGULATIONS FOR THE SUPPRESSION OF PIRACY
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Sec.
381. Use of public vessels to suppress piracy.
382. Seizure of piratical vessels generally.
383. Resistance of pirates by merchant vessels.
384. Condemnation of piratical vessels.
385. Seizure and condemnation of vessels fitted out for piracy.
386. Commissioning private vessels for seizure of piratical vessels.
387. Duties of officers of customs and marshals as to seizure.
Piracy and other offenses on the high seas, see section 1651 et seq.
of Title 18, Crimes and Criminal Procedure.
33 USC 381. Use of public vessels to suppress piracy
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The President is authorized to employ so many of the public armed
vessels as in his judgment the service may require, with suitable
instructions to the commanders thereof, in protecting the merchant
vessels of the United States and their crews from piratical aggressions
and depredations.
(R.S. 4293.)
R.S. 4293 derived from acts Mar. 3, 1819, ch. 77, 1, 3 Stat. 510;
Jan. 30, 1823, ch. 7, 3 Stat. 721.
33 USC 382. Seizure of piratical vessels generally
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The President is authorized to instruct the commanders of the public
armed vessels of the United States to subdue, seize, take, and send into
any port of the United States, any armed vessel or boat, or any vessel
or boat, the crew whereof shall be armed, and which shall have attempted
or committed any piratical aggression, search, restraint, depredation,
or seizure, upon any vessel of the United States, or of the citizens
thereof, or upon any other vessel; and also to retake any vessel of the
United States, or its citizens, which may have been unlawfully captured
upon the high seas.
(R.S. 4294.)
R.S. 4294 derived from acts Mar. 3, 1819, ch. 77, 2, 3 Stat. 512;
Jan. 30, 1823, ch. 7, 3 Stat. 721.
33 USC 383. Resistance of pirates by merchant vessels
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The commander and crew of any merchant vessel of the United States,
owned wholly, or in part, by a citizen thereof, may oppose and defend
against any aggression, search, restraint, depredation, or seizure,
which shall be attempted upon such vessel, or upon any other vessel so
owned, by the commander or crew of any armed vessel whatsoever, not
being a public armed vessel of some nation in amity with the United
States, and may subdue and capture the same; and may also retake any
vessel so owned which may have been captured by the commander or crew of
any such armed vessel, and send the same into any port of the United
States.
(R.S. 4295.)
R.S. 4295 derived from acts Mar. 3, 1819, ch. 77, 3, 3 Stat. 513;
Jan. 30, 1823, ch. 7, 3 Stat. 721.
33 USC 384. Condemnation of piratical vessels
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Whenever any vessel, which shall have been built, purchased, fitted
out in whole or in part, or held for the purpose of being employed in
the commission of any piratical aggression, search, restraint,
depredation, or seizure, or in the commission of any other act of piracy
as defined by the law of nations, or from which any piratical
aggression, search, restraint, depredation, or seizure shall have been
first attempted or made, is captured and brought into or captured in any
port of the United States, the same shall be adjudged and condemned to
their use, and that of the captors after due process and trial in any
court having admiralty jurisdiction, and which shall be holden for the
district into which such captured vessel shall be brought; and the same
court shall thereupon order a sale and distribution thereof accordingly,
and at its discretion.
(R.S. 4296.)
R.S. 4296 derived from acts Mar. 3, 1819, ch. 77, 4, 3 Stat. 513;
Jan. 30, 1823, ch. 7, 3 Stat. 721; Aug. 5, 1861, ch. 48, 1, 12 Stat.
314.
33 USC 385. Seizure and condemnation of vessels fitted out for piracy
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Any vessel built, purchased, fitted out in whole or in part, or held
for the purpose of being employed in the commission of any piratical
aggression, search, restraint, depredation, or seizure, or in the
commission of any other act of piracy, as defined by the law of nations,
shall be liable to be captured and brought into any port of the United
States if found upon the high seas, or to be seized if found in any port
or place within the United States, whether the same shall have actually
sailed upon any piratical expedition or not, and whether any act of
piracy shall have been committed or attempted upon or from such vessel
or not; and any such vessel may be adjudged and condemned, if captured
by a vessel authorized as mentioned in section 386 of this title to the
use of the United States, and to that of the captors, and if seized by a
collector, surveyor, or marshal, then to the use of the United States.
(R.S. 4297.)
Surveyor, referred to in text, is probably an obsolete office in view
of act July 5, 1932, ch. 430, title I, 1, 47 Stat. 584, which
abolished the offices of surveyors of customs, except at the Port of New
York. Ports of delivery, except those which were made ports of entry,
were abolished and the use of the term ''port of delivery'' was
discontinued under the President's plan of reorganization of the customs
service communicated to Congress by message dated Mar. 3, 1913.
R.S. 4297 derived from act Aug. 5, 1861, ch. 48, 1, 12 Stat. 314.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise in Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished
with such offices to be terminated not later than December 31, 1966, by
Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out in the Appendix to Title 5, Government Organization and
Employees. All functions of offices eliminated were already vested in
Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July
31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title
5.
33 USC 386. Commissioning private vessels for seizure of piratical
vessels
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The President is authorized to instruct the commanders of the
public-armed vessels of the United States, and to authorize the
commanders of any other armed vessels sailing under the authority of any
letters of marque and reprisal granted by Congress, or the commanders of
any other suitable vessels, to subdue, seize, take, and, if on the high
seas, to send into any port of the United States, any vessel or boat
built, purchased, fitted out, or held as mentioned in section 385 of
this title.
(R.S. 4298.)
R.S. 4298 derived from act Aug. 5, 1861, ch. 48, 2, 12 Stat. 315.
33 USC 387. Duties of officers of customs and marshals as to seizure
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The collectors of the several ports of entry, the surveyors of the
several ports of delivery, and the marshals of the several judicial
districts within the United States, shall seize any vessel or boat
built, purchased, fitted out, or held as mentioned in section 385 of
this title, which may be found within their respective ports or
districts, and to cause the same to be proceeded against and disposed of
as provided by that section.
(R.S. 4299.)
Surveyors of the several ports of delivery, referred to in text, are
probably obsolete offices in view of act July 5, 1932, ch. 430, title
I, 1, 47 Stat. 584, which abolished the offices of surveyors of
customs, except at the Port of New York. Ports of delivery, except
those which were made ports of entry, were abolished and the use of the
term ''port of delivery'' was discontinued under the President's plan of
reorganization of the customs service communicated to Congress by
message dated Mar. 3, 1913.
R.S. 4299 derived from act Aug. 5, 1861, ch. 48, 3, 12 Stat. 315.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise in Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than December 31, 1966, by
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out in the Appendix to Title 5, Government Organization and
Employees. All functions of offices eliminated were already vested in
Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July
31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title
5.
Reorganization of customs service, see section 1 of Title 19, Customs
Duties.
33 USC CHAPTER 8 -- SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST
NAVIGATION LAWS
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Sec.
391. Summary trials authorized.
392. Complaint and answer; jury trial.
393. Amendments of complaint and adjournments.
394. Challenge to jurors.
395. Limit of sentence.
396. Recovery of penalties and forfeitures generally.
33 USC 391. Summary trials authorized
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Whenever a complaint shall be made against any master, officer, or
seaman of any vessel belonging, in whole or in part, to any citizen of
the United States, of the commission of any offense, not capital or
otherwise infamous, against any law of the United States made for the
protection of persons or property engaged in commerce or navigation, it
shall be the duty of the United States attorney to investigate the same,
and the general nature thereof, and if, in his opinion, the case is such
as should be summarily tried, he shall report the same to the district
judge, and the judge shall forthwith, or as soon as the ordinary
business of the court will permit, proceed to try the cause, and for
that purpose may, if necessary, hold a special session of the court,
either in term time or vacation.
(R.S. 4300; June 25, 1948, ch. 646, 1, 62 Stat. 909.)
R.S. 4300 derived from act June 11, 1864, ch. 121, 2, 13 Stat.
124.
Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United States
attorney'' for ''district attorney''. See section 541 of Title 28,
Judiciary and Judicial Procedure, and Historical and Revision Notes set
out thereunder.
Criminal jurisdiction of district courts, generally, see section 3231
of Title 18, Crimes and Criminal Procedure.
33 USC 392. Complaint and answer; jury trial
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
At the summary trial of offenses against the laws for the protection
of persons or property engaged in commerce or navigation, it shall not
be necessary that the accused shall have been previously indicted, but a
statement of complaint, verified by oath in writing, shall be presented
to the court, setting out the offense in such manner as clearly to
apprise the accused of the character of the offense complained of, and
to enable him to answer the complaint. The complaint or statement shall
be read to the accused, who may plead to or answer the same, or make a
counterstatement. The trial shall thereupon be proceeded with in a
summary manner, and the case shall be decided by the court, unless, at
the time for pleading or answering, the accused shall demand a jury, in
which case the trial shall be upon the complaint and plea of not guilty.
(R.S. 4301.)
R.S. 4301 derived from act June 11, 1864, ch. 121, 3, 4, 13 Stat.
125.
33 USC 393. Amendments of complaint and adjournments
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
It shall be lawful for the court to allow the United States attorney
to amend his statement of complaint at any stage of the proceedings,
before verdict, if, in the opinion of the court, such amendment will
work no injustice to the accused; and if it appears to the court that
the accused is unprepared to meet the charge as amended, and that an
adjournment of the cause will promote the ends of justice, such
adjournment shall be made, until a further day, to be fixed by the
court.
(R.S. 4302; June 25, 1948, ch. 646, 1, 62 Stat. 909.)
R.S. 4302 derived from act June 11, 1864, ch. 121, 6, 13 Stat.
125.
Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United States
attorney'' for ''district attorney''. See section 541 of Title 28,
Judiciary and Judicial Procedure, and Historical and Revision Notes set
out thereunder.
33 USC 394. Challenge to jurors
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
At the trial in summary cases, if by jury, the United States and the
accused shall each be entitled to three peremptory challenges.
Challenges for cause, in such cases, shall be tried by the court without
the aid of triers.
(R.S. 4303.)
R.S. 4303 derived from act June 11, 1864, ch. 121, 7, 13 Stat.
125.
Peremptory challenges, generally, see rule 24, Title 18, Appendix,
Crimes and Criminal Procedure.
33 USC 395. Limit of sentence
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
It shall not be lawful for the court to sentence any person convicted
in such trial to any greater punishment than imprisonment in jail for
one year, or to a fine exceeding $500, or both, in its discretion, in
those cases where the laws of the United States authorize such
imprisonment and fine.
(R.S. 4304.)
R.S. 4304 derived from act June 11, 1864, ch. 121, 5, 13 Stat.
125.
33 USC 396. Recovery of penalties and forfeitures generally
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
All the penalties and forfeitures which may be incurred for offenses
against title 48 of the Revised Statutes may be sued for, prosecuted,
and recovered in such court, and be disposed of in such manner, as any
penalties and forfeitures which may be incurred for offenses against the
laws relating to the collection of duties, except when otherwise
expressly prescribed.
(R.S. 4305.)
Title 48 of the Revised Statutes, referred to in text, was in the
original ''this Title'', meaning title 48 of the Revised Statutes,
consisting of R.S. 4131 to 4305. For complete classification of R.S.
4131 to 4305 to the Code, see Tables.
R.S. 4305 derived from act Dec. 31, 1792, ch. 1, 29, 1 Stat. 298.
33 USC CHAPTER 9 -- PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND
RIVER IMPROVEMENTS GENERALLY
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Sec.
401. Construction of bridges, causeways, dams or dikes generally;
exemptions.
402. Construction of bridges, etc., over Illinois and Mississippi
Canal.
403. Obstruction of navigable waters generally; wharves; piers,
etc.; excavations and filling in.
403a. Omitted.
403b. Lighting at docks and boat launching facilities.
404. Establishment of harbor lines; conditions to grants for
extension of piers, etc.
405. Establishment and modification of harbor lines on Potomac and
Anacostia Rivers.
406. Penalty for wrongful construction of bridges, piers, etc.;
removal of structures.
407. Deposit of refuse in navigable waters generally.
407a. Deposit of debris of mines and stamp works.
408. Taking possession of, use of, or injury to harbor or river
improvements.
409. Obstruction of navigable waters by vessels; floating timber;
marking and removal of sunken vessels.
410. Exception as to floating loose timber, sack rafts, etc.;
violation of regulations; penalty.
411. Penalty for wrongful deposit of refuse; use of or injury to
harbor improvements, and obstruction of navigable waters generally.
412. Liability of masters, pilots, etc., and of vessels engaged in
violations.
413. Duty of United States attorneys and other Federal officers in
enforcement of provisions; arrest of offenders.
414. Removal by Secretary of the Army of sunken water craft
generally; liability of owner, lessee, or operator.
415. Summary removal of water craft obstructing navigation;
liability of owner, lessee, or operator.
416. Appropriations for removal of sunken water craft.
417. Expenses of investigations by Department of the Army.
418. Provisions for protection of New York Harbor unaffected.
419. Regulation by Secretary governing transportation and dumping of
dredgings, refuse, etc., into navigable waters; oyster lands;
appropriations.
419a. Management practices to extend capacity and useful life of
dredged material disposal areas.
420. Piers and cribs on Mississippi and St. Croix Rivers.
421. Deposit of refuse, etc., in Lake Michigan near Chicago.
422. Modification and extension of harbor lines at Chicago.
423. Establishment of pierhead and bulkhead lines in Wilmington
Harbor, California.
424. Establishment of pierhead or bulkhead lines in Newport Harbor,
California.
424a. Modification of harbor lines in Newport Harbor, California.
425. Omitted.
426. Investigations concerning erosion of shores of coastal and lake
waters.
426-1. Coastal Engineering Research Center; establishment; powers
and functions.
426-2. Board on Coastal Engineering Research.
426-3. Transfer of functions of Beach Erosion Board.
426a. Additional investigations concerning erosion of shores of
coastal and lake waters; payment of costs; ''shores'' defined.
426b. Applicability of existing laws; projects referred to Board of
Engineers for Rivers and Harbors.
426c. Report by Coastal Engineering Research Center.
426d. Payment of expenses.
426e. Federal aid in protection of shores.
(a) Declaration of policy.
(b) Federal contribution; maximum amount; exceptions.
(c) Periodic beach nourishment; ''construction'' defined.
(d) Shores other than public.
(e) Authorized plans.
426f. Payments to States, etc.
426g. Authorization of small projects not specifically authorized;
expenditures; local cooperation; work to be complete; exceptions.
426h. ''Shores'' defined.
426i. Shore damage prevention or mitigation.
426j. Placement on State beaches of sand dredged in constructing and
maintaining navigation inlets and channels adjacent to such beaches.
426k. Five year demonstration program to temporarily increase
diversion of water from Lake Michigan at Chicago, Illinois.
(a) Authorization of Secretary of the Army; purpose; amounts of
increase; incremental accomplishment; effects on Illinois Waterway;
responsibilities for development, implementation, and supervision.
(b) Establishment of monthly controllable diversion rates; average
annual level of Lake Michigan and total diversion for succeeding
accounting year.
(c) River stages approaching bankfull conditions on Illinois Waterway
or Mississippi River or further increased diversion adversely affecting
St. Lawrence Seaway water levels: limitation on diversion.
(d) Additional study and demonstration program: determination of
effects on Great Lakes levels and Illinois Waterway water quality and
susceptibility to additional flooding and investigation of other adverse
or beneficial impacts; report and recommendations to Congress.
(e) ''Controllable diversion'' defined.
426l. Protection of Lake Ontario.
(a) Plan for shoreline protection and beach erosion control; report
to Congress.
(b) Minimization of damage and erosion to Lake Ontario shoreline.
(c) Authorization of appropriations.
(d) Short title.
426m. Collection and removal of drift and debris from publicly
maintained commercial boat harbors and adjacent land and water areas.
(a) Congressional findings.
(b) Responsibility of Secretary of the Army for development of
projects; project undertakings exempt from specific Congressional
approval.
(c) Federal share of costs; responsibility of non-Federal interests
in future project development to recover cost or repair sources.
(d) Responsibility for providing lands, easements, and right-of-way
necessary for projects; agreement to maintain projects and hold United
States free from damages; regulation of project area following project
completion; technical advice.
(e) Definitions.
(f) Authorization of appropriations.
426n. Technical assistance to States and local governments; cost
sharing.
426o. Great Lakes material disposal.
426p. Corps of Engineers.
(a) Technical and other assistance.
(b) Issuance of permits.
427 to 430. Repealed.
431 to 437. Repealed.
441. Deposit of refuse prohibited; penalty.
442. Liability of officers of towing vessel.
443. Permit for dumping; penalty for taking or towing boat or scow
without permit.
444. Dumping at other place than designated dumping grounds;
penalty; person liable; excuses for deviation.
445. Equipment and marking of boats or scows.
446. Inspectors; appointment, powers, and duties.
447. Bribery of inspector; penalty.
448. Return of permit; penalty for failure to return.
449. Disposition of dredged matter; persons liable; penalty.
450. Liability of vessel.
451. Supervisor of harbor; appointment and duties.
451a. Harbors subject to this subchapter.
451b. Waters included within subchapter.
452. Taking shellfish or otherwise interfering with navigation in
New York Harbor channels; penalty; arrest and procedure.
453. Regulations for navigation of Ambrose Channel; exclusion of
tows and sailing vessels.
454. Consent of Congress to obstruction of waters by New York City.
461 to 464. Repealed.
465. Authority to dredge; riparian rights of United States.
466 to 466g. Transferred.
466g-1. Controversies involving construction or application of
interstate compacts and pollution of waters.
(a) Jurisdiction of actions by States.
(b) Amount in controversy; residence, situs or citizenship; nature,
character, or legal status of parties.
(c) Suits between States signatory to interstate compact.
(d) Venue.
466h to 466n. Transferred or Repealed.
467. ''Dam'' defined.
467a. Inspection of dams; exceptions.
467b. Investigation reports to Governors; remedial measures.
467c. Determination of danger to human life and property.
467d. Omitted.
467e. Existing liabilities and obligations unaffected.
467f. Authorization of appropriations for State dam safety programs;
distribution among States; requirements for aggregate State
expenditures for dam safety.
467g. State dam safety programs.
(a) Requisite features of State dam safety programs.
(b) Program approval.
(c) Periodic review; revocation of approval; reapproval.
467h. National Dam Safety Review Board.
467i. Consultation with State officials.
467j. Training for State dam safety inspectors.
467k. Development of improved dam inspection techniques.
467l. Dam inventory updates.
467m. Inspection funds not to be used for repair or construction.
467n. Recovery of dam modification costs required for safety
purposes.
33 USC SUBCHAPTER I -- IN GENERAL
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
33 USC 401. Construction of bridges, causeways, dams or dikes
generally; exemptions
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
It shall not be lawful to construct or commence the construction of
any bridge, causeway, dam, or dike over or in any port, roadstead,
haven, harbor, canal, navigable river, or other navigable water of the
United States until the consent of Congress to the building of such
structures shall have been obtained and until the plans for (1) the
bridge or causeway shall have been submitted to and approved by the
Secretary of Transportation, or (2) the dam or dike shall have been
submitted to and approved by the Chief of Engineers and Secretary of the
Army. However, such structures may be built under authority of the
legislature of a State across rivers and other waterways the navigable
portions of which lie wholly within the limits of a single State,
provided the location and plans thereof are submitted to and approved by
the Secretary of Transportation or by the Chief of Engineers and
Secretary of the Army before construction is commenced. When plans for
any bridge or other structure have been approved by the Secretary of
Transportation or by the Chief of Engineers and Secretary of the Army,
it shall not be lawful to deviate from such plans either before or after
completion of the structure unless modification of said plans has
previously been submitted to and received the approval of the Secretary
of Transportation or the Chief of Engineers and the Secretary of the
Army. The approval required by this section of the location and plans
or any modification of plans of any bridge or causeway does not apply to
any bridge or causeway over waters that are not subject to the ebb and
flow of the tide and that are not used and are not susceptible to use in
their natural condition or by reasonable improvement as a means to
transport interstate or foreign commerce.
(Mar. 3, 1899, ch. 425, 9, 30 Stat. 1151; Oct. 15, 1982, Pub. L.
97-322, title I, 107(b), 96 Stat. 1582; Jan. 12, 1983, Pub. L. 97-449,
2(f), 96 Stat. 2440.)
Section is from act Mar. 3, 1899, popularly known as the ''Rivers
and Harbors Appropriation Act of 1899'', and together with section 403
of this title superseded act Sept. 19, 1890, ch. 907, 7, 26 Stat.
454, as amended by act July 13, 1892, ch. 158, 3, 27 Stat. 88, which
prohibited the erection of obstructions to navigation, and prohibited
the erection of bridges over navigable waters under State legislation
before the approval of the plans by the Secretary of War, and prohibited
the alteration of channels unless authorized by that Secretary.
1983 -- Pub. L. 97-449 amended section generally to reflect transfer
of certain functions, powers, and duties of Secretary of the Army under
this section to Secretary of Transportation. See Transfer of Functions
note below.
1982 -- Pub. L. 97-322 inserted sentence at end relating to
exemption.
Enforcement functions of Secretary or other official in Department of
Transportation related to compliance with permits for bridges across
navigable waters issued under this section with respect to
pre-construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas were transferred to the
Federal Inspector, Office of Federal Inspector for the Alaska Natural
Gas Transportation System, until the first anniversary of date of
initial operation of the Alaska Natural Gas Transportation System, see
Reorg. Plan No. 1 of 1979, 102(c), 203(a), 44 F.R. 33663, 33666, 93
Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to
Title 5, Government Organization and Employees.
Functions, powers, and duties of Secretary of the Army (formerly War)
and other offices and officers of Department of the Army (formerly War)
under this section to extent that they relate generally to location and
clearances of bridges and causeways in navigable waters of United States
transferred to and vested in Secretary of Transportation by Pub. L.
89-670, 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449
amended this section to reflect transfer made by section 6(g)( 6)(A) of
Pub. L. 89-670, and repealed section 6(g)(6)(A).
Portion of west arm of South Fork of the South Branch of Chicago
River in city of Chicago not to be subject to this section, see section
27 of this title.
title 42 section 1962d-11a.
33 USC 402. Construction of bridges, etc., over Illinois and
Mississippi Canal
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The provisions of section 401 of this title are made applicable alike
to the completed and uncompleted portions of the Illinois and
Mississippi Canal. Whenever the Secretary of the Army shall approve
plans for a bridge to be built across said canal he may, in his
discretion, and subject to such terms and conditions as in his judgment
are equitable, expedient, and just to the public, grant to the person or
corporation building and owning such bridge a right of way across the
lands of the United States on either side of and adjacent to the said
canal; also the privilege of occupying so much of said lands as may be
necessary for the piers, abutments, and other portions of the bridge
structure and approaches.
(June 13, 1902, ch. 1079, 10, 32 Stat. 374; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Section is from part of act June 13, 1902, popularly known as the
''Rivers and Harbors Appropriation Act of 1902''.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670,
6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended
section 401 of this title to reflect transfer made by section 6(g)(6)(A)
of Pub. L. 89-670, and repealed section 6(g)(6)(A).
33 USC 403. Obstruction of navigable waters generally; wharves;
piers, etc.; excavations and filling in
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The creation of any obstruction not affirmatively authorized by
Congress, to the navigable capacity of any of the waters of the United
States is prohibited; and it shall not be lawful to build or commence
the building of any wharf, pier, dolphin, boom, weir, breakwater,
bulkhead, jetty, or other structures in any port, roadstead, haven,
harbor, canal, navigable river, or other water of the United States,
outside established harbor lines, or where no harbor lines have been
established, except on plans recommended by the Chief of Engineers and
authorized by the Secretary of the Army; and it shall not be lawful to
excavate or fill, or in any manner to alter or modify the course,
location, condition, or capacity of, any port, roadstead, haven, harbor,
canal, lake, harbor or refuge, or inclosure within the limits of any
breakwater, or of the channel of any navigable water of the United
States, unless the work has been recommended by the Chief of Engineers
and authorized by the Secretary of the Army prior to beginning the same.
(Mar. 3, 1899, ch. 425, 10, 30 Stat. 1151; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Section is from act Mar. 3, 1899, popularly known as the ''Rivers
and Harbors Appropriation Act of 1899''.
Act Sept. 19, 1890, ch. 907, 10, 26 Stat. 454, was probably
omitted from the Code as superseded by this section but it was held by
the Circuit Court of Appeals in Wishkah Boom Co., Wash. 1905, 136 F.
42, 68 C.C.A. 592 (appeal dismissed (1906) 26 S. Ct. 765, 202 U.S. 613,
50 L. Ed. 1171), that it was not superseded so far as it related to the
continuance of obstructions. It provided that:
''The creation of any obstruction, not affirmatively authorized by
law, to the navigable capacity of any waters, in respect of which the
United States has jurisdiction, is hereby prohibited. The continuance
of any such obstruction, except bridges, piers, docks, and wharves, and
similar structures erected for business purposes, whether heretofore or
hereafter created, shall constitute an offense and each week's
continuance of any such obstruction shall be deemed a separate offense.
Every person and every corporation which shall be guilty of creating or
continuing any such unlawful obstruction in this act mentioned, or who
shall violate the provisions of the last four preceding sections of this
act, shall be deemed guilty of a misdemeanor, and on conviction thereof
shall be punished by a fine not exceeding five thousand dollars, or by
imprisonment (in the case of a natural person) not exceeding one year,
or by both such punishments, in the discretion of the court, the
creating or continuing of any unlawful obstruction in this act mentioned
may be prevented and such obstruction may be caused to be removed by the
injunction of any circuit court (district court) exercising jurisdiction
in any district in which such obstruction may be threatened or may
exist; and proper proceedings in equity to this end may be instituted
under the direction of the Attorney-General of the United States.''
This section and section 9 of act Mar. 3, 1899 (section 401 of this
title), superseded provisions of act Sept. 19, 1890, ch. 907, 7, 26
Stat. 454, as amended by act July 13, 1892, ch. 158, 3, 27 Stat. 110,
which prohibited the erection of obstructions to navigation, and
prohibited the erection of bridges over navigable waters under State
legislation before the approval of the plans by the Secretary of War,
and prohibited the alteration of channels unless authorized by said
Secretary.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
Enforcement functions of Secretary of the Army, Chief of Engineers,
or other official in Corps of Engineers of the United States Army
related to compliance with permits for structures in navigable waters
issued under this section with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas were transferred to the Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of date of initial
operation of the Alaska Natural Gas Transportation System, see Reorg.
Plan No. 1 of 1979, 102(b), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees.
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670
6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended
section 401 of this title to reflect transfer made by section 6(g)(6)(A)
of Pub. L. 89-670, and repealed section 6(g)(6)(A).
Bridges over navigable waters, see section 491 et seq. of this
title.
Expenses of investigations by Department of the Army, see section 417
of this title.
Portion of west arm of South Fork of the South Branch of Chicago
River in city of Chicago not to be subject to this section, see section
27 of this title.
Secretary of the Army to make navigation rules for --
Ambrose channel, see section 453 of this title.
South and Southwest Passes of Mississippi River, see section 2 of
this title.
Violations as misdemeanors, see section 406 of this title.
33 USC 403a. Omitted
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Section, acts Sept. 19, 1890, ch. 907, 10, 26 Stat. 454; Mar. 3,
1911, ch. 231, 291, 36 Stat. 1167, related to obstruction of navigable
waters. See Prior Provisions note set out under section 403 of this
title.
33 USC 403b. Lighting at docks and boat launching facilities
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Whenever the Secretary considers a permit application for a dock or a
boat launching facility under section 403 of this title, the Secretary
shall consider the needs of such facility for lighting from sunset to
sunrise to make such facility's presence known within a reasonable
distance.
(Pub. L. 99-662, title IX, 946, Nov. 17, 1986, 100 Stat. 4200.)
Secretary means the Secretary of the Army, see section 2201 of this
title.
33 USC 404. Establishment of harbor lines; conditions to grants for
extension of piers, etc.
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Where it is made manifest to the Secretary of the Army that the
establishment of harbor lines is essential to the preservation and
protection of harbors he may, and is, authorized to cause such lines to
be established, beyond which no piers, wharves, bulkheads, or other
works shall be extended or deposits made, except under such regulations
as may be prescribed from time to time by him: Provided, That, whenever
the Secretary of the Army grants to any person or persons permission to
extend piers, wharves, bulkheads, or other works, or to make deposits in
any tidal harbor or river of the United States beyond any harbor lines
established under authority of the United States, he shall cause to be
ascertained the amount of tidewater displaced by any such structure or
by any such deposits, and he shall, if he deem it necessary, require the
parties to whom the permission is given to make compensation for such
displacement either by excavating in some part of the harbor, including
tidewater channels between high and low water mark, to such an extent as
to create a basin for as much tidewater as may be displaced by such
structure or by such deposits, or in any other mode that may be
satisfactory to him.
(Mar. 3, 1899, ch. 425, 11, 30 Stat. 1151; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Section is from act Mar. 3, 1899, popularly known as the ''Rivers
and Harbors Appropriation Act of 1899''.
This section and section 406 of this title, superseded act Aug. 11,
1888, ch. 860, 12, 25 Stat. 425, as amended by act Sept. 19, 1890,
ch. 907, 12, 26 Stat. 455, which authorized the establishment of
harbor lines, and prescribed a penalty for a violation of the section or
any rule made in pursuance of it.
Section also superseded act Aug. 18, 1894, ch. 299, 9, 28 Stat.
364, which contained provisions for compensation for tide water
displaced similar to the proviso in this section.
Act Aug. 5, 1886, ch. 929, 2, 24 Stat. 329, which was probably
omitted from the Code as superseded by this section, provided that:
''In places where harbor-lines have not been established, and where
deposits of de1bris of mines or stamp works can be made without injury
to navigation, within lines to be established by the Secretary of War,
said officer may, and is hereby authorized to, cause such lines to be
established; and within such lines such deposits may be made, under
regulations to be from time to time prescribed by him.''
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670,
6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended
section 401 of this title to reflect transfer made by section 6(g)(6)(A)
of Pub. L. 89-670, and repealed section 6(g)(6)(A).
Modification and extension of harbor lines, see section 422 of this
title.
Pierhead and bulkhead lines, establishment, see sections 423 and 424
of this title.
Potomac and Anacostia Rivers, applicability to, see section 405 of
this title.
Violations as misdemeanors, see section 406 of this title.
33 USC 405. Establishment and modification of harbor lines on Potomac
and Anacostia Rivers
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
The provisions of section 404 of this title are made applicable to
the Potomac and Anacostia Rivers, and after July 25, 1912, harbor lines
in the District of Columbia, or elsewhere on said rivers, shall be
established or modified as therein provided.
(July 25, 1912, ch. 253, 1, 37 Stat. 206.)
Section is from part of section 1 of act July 25, 1912, popularly
known as the ''Rivers and Harbors Appropriation Act of 1912''.
33 USC 406. Penalty for wrongful construction of bridges, piers, etc.;
removal of structures
TITLE 33 -- NAVIGATION AND NAVIGABLE WATERS
Every person and every corporation that shall violate any of the
provisions of sections 401, 403, and 404 of this title or any rule or
regulation made by the Secretary of the Army in pursuance of the
provisions of section 404 of this title shall be deemed guilty of a
misdemeanor, and on conviction thereof shall be punished by a fine not
exceeding $2,500 nor less than $500, or by imprisonment (in the case of
a natural person) not exceeding one year, or by both such punishments,
in the discretion of the court. And further, the removal of any
structures or parts of structures erected in violation of the provisions
of the said sections may be enforced by the injunction of any district
court exercising jurisdiction in any district in which such structures
may exist, and proper proceedings to this end may be instituted under
the direction of the Attorney General of the United States.
(Mar. 3, 1899, ch. 425, 12, 30 Stat. 1151; Feb. 20, 1900, ch. 23, 2,
31 Stat. 32; Mar. 3, 1911, ch. 231, 291, 36 Stat. 1167; July 26, 1947,
ch. 343, title II, 205(a), 61 Stat. 501.)
Section is from act Mar. 3, 1899, popularly known as the ''Rivers
and Harbors Appropriation Act of 1899''.
1911 -- Act Mar. 3, 1911, transferred to the District Courts the
enforcement powers formerly lodged in the Circuit Courts.
1900 -- Act Feb. 20, 1900, substituted ''section eleven'' for
''section fourteen'' where first appearing, which for codification
purposes, was translated as ''section 404 of this title''.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670,
6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of
Transportation. Pub. L. 97-449 amended section 401 of this title to
reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and
repealed section 6(g)(6)(A).