text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1080

 96 STAT. 1038

PUBLIC LAW 97-258—SEPT. 13, 1982

(B) the State or local public agencies concerned agree to the waiver. § 7106. Delegation of supervision of assistance 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.

Recordkeeping.

Audit.

§ 7107. Joint management funds (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 nonGovernment 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.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1081

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1039

§ 7108. Limitation on authority under sections 7105-7107 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. § 7109. Appropriations available for joint Hnancing 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. § 7110. Use of joint flnancing provisions for Federal-State assisted projects 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. §7111. Report to Congress 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. §7112. Expiration date This chapter expires on February 3, 1985. CHAPTER 73—ADMINISTERING BLOCK GRANTS Sec. 7301. 7302. 7303. 7304. 7305.

Purpose. Definitions. Reports and public hearings on proposed uses of amounts. Availability of records. State auditing requirements.

§7301. Purpose 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

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1082

 96 STAT. 1040

PUBLIC LAW 97-258—SEPT. 13, 1982 (2) all eligible local governments, residents of local governments, and other eligible entities are treated fairly in distributing block grant amounts. §7302. Definitions 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.

Effective date.

Information disclosure.

§ 7303. Reports and public hearings on proposed uses of amounts (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 l o c ^ government and persons. § 7304. Availability of records 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

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1083

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1041

subdivision of a State shall be made available to the Comptroller General. § 7305. State auditing requirements (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.

SUBTITLE VI—MISCELLANEOUS OHAPTER

91. 93. 95. 97.

SGC

GOVERNMENT CORPORATIONS SURETIES AND SURETY BONDS GOVERNMENT PENSION PLAN PROTECTION MISCELLANEOUS

9101 9301 9501 9701

CHAPTER 91-GOVERNMENT CORPORATIONS Sec. 9101. 9102. 9103. 9104. 9105. 9106. 9107. 9108. 9109.

Definitions. Establishing and acquiring corporations. Budgets of wholly owned Government corporations. Congressional action on budgets of wholly owned Government corporations. Audits. Audit reports. Accounts. Obligations. Exclusion of a wholly owned Government corporation from this chapter.

§9101. Definitions 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

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1084

 96 STAT. 1042

PUBLIC LAW 97-258—SEPT. 13, 1982 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a)). (J) the United States Railway Association. (K) the National Consumer Cooperative Bank. (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) the Federal Savings and Loan Insurance Corporation. (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.

§ 9102. Establishing and acquiring corporations 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. § 9103. Budgets of wholly owned Government corporations (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.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1085

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1043

§ 9104. Congressional action on budgets of wholly owned Government corporations (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. §9105. Audits (a)(1) Under regulations of the Comptroller General, the Comptroller General shall audit financial transactions of— (A) wholly owned Government corporations; and (B) mixed-ownership Government corporations during periods in which capital of the United States Government is invested in a mixed-ownership Government corporation. (2) The Comptroller General shall audit each Government corporation at least once every 3 years. The Comptroller General shall audit the Federal Savings and Loan Insurance Corporation and Federal home loan banks on a calendar year basis. (b) In conducting an audit under subsection (a) of this section, the Comptroller General— (1) to the greatest extent the Comptroller General considers practicable, shall use reports of examinations of a Government corporation that a supervising administrative agency makes; and (2) without regard to section 3709 of the Revised Statutes (41 Contract U.S.C. 5), may make a contract for professional services with a authority, firm or organization for a temporary period or special purpose. (c) An audit under subsection (a) of this section shall be conducted consistent with principles and procedures applicable to commercial corporate transactions where the accounts of a Government corporation usually are kept. A Government corporation shall— (1) make available to the Comptroller General for audit all records and property of, or used by, the corporation that are necessary for the audit; and (2) provide the Comptroller General with facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, or custodians. (d) Regulations prescribed under subsection (a) of this section may provide that any part of an account of an accountable official about a financial transaction of a wholly owned Government corporation sent to the Comptroller General for settlement may be kept at the office of the corporation and that the Comptroller General may settle any part of the account on the basis of an examination during an audit. This subsection does not affect the authority of the Tennes-

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1086

 96 STAT. 1044

PUBLIC LAW 97-258—SEPT. 13, 1982

see Valley Authority under section 9(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831h(b)). (e) The Comptroller General shall pay the cost of an audit under this section. A Government corporation shall reimburse the Comptroller General for the cost of the audit as determined by the Comptroller General. The Comptroller General shall deposit the reimbursement in the Treasury as miscellaneous receipts. Except as expressly provided by law, a Government corporation may not pay the cost of a private audit of the financial records of the corporation. (f) An audit under subsection (a) of this section is in place of an audit of the financial transactions of a Government corporation the Comptroller General is required to make in reporting to Congress or the President under another law. (g) Necessary amounts are authorized to be appropriated to the Comptroller General to carry out this section. §9106. Audit reports (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 C!omptroller 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.

Waiver.

§9107. Accounts (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. Cb) The Secretary of the Treasunr 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 mixedownership Government corporation when the corporation has no capital of the Government.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1087

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1045

(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, the National Consumer Cooperative Bank, 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. §9108. Obligations (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, the National Consumer Cooperative Bank, 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. § 9109. Exclusion of a wholly owned Government corporation from this chapter 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.

Waiver,

Ante, p. 907.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1088

 96 STAT. 1046

PUBLIC LAW 97-258—SEPT. 13, 1982 CHAPTER 93—SURETIES AND SURETY BONDS

Sec. 9301. 9302. 9303. 9304. 9305. 9306.

Definitions. Prohibition against surety bonds for United States Government personnel. Use of Government obligations instead of surety bonds. Surety corporations. Authority and revocation of authority of surety corporations. 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.

§9301. Definitions 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. § 9302. Prohibition against surety bonds for United States Government personnel 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. § 9303. Use of Government obligations instead of surety bonds (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 contrac-

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1089

 PUBLIC LAW 97-258—SEPT. 13, 1982 tor 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. § 9304. Surety corporations (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. § 9305. Authority and revocation of authority of surety corporations (a) Before becoming a surety under section 9304 of this title, a surety corporation must file with the Secretary of the Treasury— ( D 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.

97-200 O—84—pt. 1

35: QL3

96 STAT. 1047

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1090

 96 STAT. 1048

PUBLIC LAW 97-258—SEPT. 13, 1982

(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. § 9306. Surety corporations acting outside area of incorporation and place of principal office (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

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1091

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1049

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. §9307. Civil actions and judgments against surety corporations (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. §9308. Civil penalty 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. § 9309. Priority of sureties 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. CHAPTER 95—GOVERNMENT PENSION PLAN PROTECTION Sec. 9501. Purpose. 9502. Definitions. 9503. Reports about Government pension plans. 9504. Review and recommendations.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1092

 96 STAT. 1050

PUBLIC LAW 97-258—SEPT. 13, 1982

§9501. Purpose 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. §9502. Definitions 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 1954 (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. § 9503. Reports about Government pension plans (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

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1093

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1051

(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 excep- Waiver. tion 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 Audits. section 9502(l)(BKiv)-Kvii) 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. § 9504. Review and recommendations 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. CHAPTER 97—MISCELLANEOUS Sec. 9701. Fees and charges for Government services and things of value. 9702. Investment of trust funds.

§9701. Fees and charges for Government services and things of value (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 r^ulations 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—

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1094

 96 STAT. 1052

PUBLIC LAW 97-258—SEPT. 13, 1982 (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.

§ 9702. Investment of trust funds Except as required by a treaty of the United States, amounts held in trust by the United States Government (including aimual 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. CONFORMING PROVISIONS

SEC. 2. (a) Section 5316 of title 5, United States Code, is amended by adding at the end the following: "Additional officers. Office of Management and Budget (6).". (b) Title 10, United States Code, is amended as follows: (1)(A) In sections 1479(2), 2206, 4592, and 9592, strike out "officer" and substitute "official". (B) In section 2309(b), strike out "disbursing officer" and substitute "disbursing official". (2)(A) Add immediately below item 1041 in the analysis of chapter 53 the following new item: "1042. C!opy of certificate of service.".

(B) Add at the end of chapter 53 the following new section: 10 USC 1042.

"§ 1042. Copy of certificate of service "A fee for a copy of a certificate showing service in the armed forces may not be charged to— "(1) a person discharged or released from the armed forces honorably or under honorable conditions; "(2) the next of kin of the person; or "(3) a legal representative of the person.". (3)(A) Add immediately below item 2360 in the analysis of chapter 139 the following new item: "2361. Availability of appropriations.".

(B) Add at the end of chapter 139 the following new section: 10 USC 2361.

"§ 2361. Availability of appropriations "Funds appropriated to the Department of Defense for research and development remain available for obligation for a period of two consecutive years.". (4)(A) Add immediately below item 2393 in the analysis of chapter 141 the following new items: "2394. Availability of appropriations for military equipment and supplies and construction of military public works. "2395. Advances for payments for compliance with foreign laws, rent in foreign countries, tuition, and pay and supplies of armed forces of friendly foreign countries.".

(B) Add at the end of chapter 141 the following new sections:

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1095

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT, 1053

"§ 2394. Availability of appropriations for procurement of technical military equipment and supplies and construction of military public works "Funds appropriated to the Department of Defense for the procurement of technical military equipment and supplies and the construction of military public works remain available until spent.

10 USC 2394.

"§ 2395. Advances for payments for compliance with foreign laws, rent in foreign countries, tuition, and pay and supplies of armed forces of friendly foreign countries "(a) An advance under an appropriation to the Department of Defense may be made to pay for— "(1) compliance with laws and ministerial regulations of a foreign country; "(2) rent in a foreign country for periods of time determined by local custom; and "(3) tuition. "(b)(1) Under regulations prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service of the Navy, an officer of an armed force of the United States accountable for public money may advance amounts to a disbursing official of a friendly foreign country or members of an armed force of a friendly foreign country for— "(A) pay and allowances to members of the armed force of that country; and "(B) necessary supplies and services. "(2) An advance may be made under this subsection only if the President has made an agreement with the foreign country— "(A) requiring reimbursement to the United States for amounts advanced; "(B) requiring the appropriate authority of the country to advance amounts reciprocally to members of the armed forces of the United States; and "(C) containing another provision the President considers necessary to carry out this subsection and to safeguard the interests of the United States.". (5)(A) Add immediately below item 2635 in the analysis of chapter 157 the following new item:

10 USC 2395.

"2636. Deductions from carriers because of loss or damage to material in transit.".

(B) Add at the end of chapter 157 the following new section: "§ 2636. Deductions from carriers because of loss or damage to material in transit "An amount deducted from an amount due a carrier because of loss of or damage to material in transit for a military department shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced.". (6)(A) Insert between items 2661 and 2662 in the analysis of chapter 159 the following new item: "2661a.

Appropriations for advance planning of military public works.".

(B) Insert between sections 2661 and 2662 the following new section:

10 USC 2636,

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1096

 96 STAT. 1054 10 USC 2661a.

PUBLIC LAW 97-258—SEPT. 13, 1982

"§ 2661a. Appropriations for advance planning of military public works "(a) There are authorized to be appropriated to the Department of Defense, to remain available until spent, funds for advance planning, construction design, and architectural services for— "(1) military public works projects not otherwise authorized; and "(2) construction management of projects funded by governments of foreign countries directly or through international organizations for which the armed forces of the United States are the sole or primary user. "(b) The Secretary of Defense may not enter into a transaction for a military public works project for which estimated advance planning, construction design, and architectural services costs of at least $225,000 will be funded under this section until after the expiration of 30 days from the date on which a report of the project and the estimated costs is submitted to the Committees on Armed Services of the Senate and the House of Representatives.". (7)(A) Amend item 2773 in the analysis of chapter 165 to read as follows: "2773. Designation, powers, and accountability of deputy disbursing officials.".

10 USC 2773.

(B) Amend section 2773 to read as follows: "§ 2773. Designation, powers, and accountability of deputy disbursing officials "(a)(1) With the approval of a Secretary of a military department when the Secretary considers it necessary, a disbursing official of the military department may designate a deputy disbursing official— "(A) to make payments as the agent of the disbursing official; "(B) to sign checks drawn on disbursing accounts of the Secretary of the Treasury; and "(C) to carry out other duties required under law. "(2) The penalties for misconduct that apply to a disbursing official apply to a deputy disbursing official designated under this subsection. "(b)(1) If a disbursing official of any military department dies, becomes disabled, or is separated from office, a deputy disbursing official may continue the accounts and payments in the name of the former disbursing official until the last day of the 2d month after the month in which the death, disability, or separation occurs. The accounts and payments shall be allowed, audited, and settled as provided by law. The Secretary of the Treasury shall honor checks signed in the name of the former disbursing official in the same way as if the former disbursing official had continued in office. "(2) The deputy disbursing official, and not the former disbursing official or the estate of the former disbursing official, is liable for the actions of the deputy disbursing official under this subsection.". (8)(A) Add immediately below item 2775 in the analysis of chapter 165 the following new items: "2776. Use of receipts of public money for current expenditures. "2777. Requisitions for advances and removal of charges outstanding in accounts of advances. "2778. Accounts of the military departments.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1097

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1055

"2779. Use of funds because of fluctuations in currency exchange rates of foreign countries.".

(B) Add at the end of chapter 165 the following new sections: "§ 2776. Use of receipts of public money for current expenditures lo use 2776. "Without deposit to the credit of the Secretary of the Treasury and without withdrawal on money requisitions, a disbursing official of the Department of Defense may use receipts of public money charged in the disbursing official's accounts (except receipts to be credited to river, harbor, and flood control appropriations) for current expenditures, with necessary bookkeeping adjustments being made. "§ 2777. Requisitions for advances and removal of charges out- lo use 2777. standing in accounts of advances "(a) The Secretary of a military department may issue to a disbursing official or agent of the department a requisition for an advance of not more than the total appropriation for the department. The amount advanced shall be— "(1) under an 'account of advances' for the department; "(2) on a proper voucher; "(3) only for obligations payable under specific appropriations; "(4) charged to, and within the limits of, each specific appropriation; and "(5) returned to the account of advances. "(b) A charge outstanding in an account of advances of a military department shall be removed by crediting the account of advances of the department and deducting the amount of the charge from an appropriation made available for advances to the department when— "(1) relief has been granted or may be granted later to a disbursing official or ^ e n t of the department operating under an account of advances and under a law having no provision for removing charges outstanding in an account of advances; or "(2) the charge has been— "(A) outstanding in the account of advances of the department for 2 complete fiscal years; and "(B) certified by the head of the department to the Comptroller General as uncoUectable. "(c) Subsection (b) of this section does not affect the financial liability of a disbursing official or agent. "§ 2778. Accounts of the military departments lo use 2778. "The Comptroller General shall— "(1) maintain all accounts of^ "(A) receipts and expenditures of public money in the military departments; and "(B) debts due the United States on moneys advanced for the department; "(2) preserve settled accounts, vouchers, and certificates; "(3) record all requisitions drawn by the Secretary of the department; Secretary of the Treasury on the application of money appropriated for the military departments; and "(5) report on the accounts of the military departments as the Secretary of the department requires.
 * (4) each year on the first Monday in November, report to the

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1098

 96 STAT. 1056 10 USC 2779.

Appropriation.

Report to Congress.

PUBLIC LAW 97-258—SEPT. 13, 1982

"§ 2779. Use of funds because of fluctuations in currency exchange rates of foreign countries "(a)(1) Funds transferred from the appropriation 'Foreign Currency Fluctuations, Defense' may be transferred back to the appropriation— "(A) when the funds are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the funds were originally transferred; and (B) because of subsequent favorable fluctuations in the rates or because other funds are, or become, available to pay the obligations. "(2) A transfer back to the Foreign Currency Fluctuations, Defense appropriation may not be made after the end of the 2d fiscal year after the fiscal year that the appropriation to which the funds were originally transferred is available for obligation. "(b)(1) One hundred million dollars, plus $25,000,000 from Family Housing, Defense, are appropriated to the Secretary of Defense, to remain available until spent. The appropriation is available only to provide funds to eliminate losses in military construction or expenses of family housing for the Department of Defense caused by fluctuations in currency exchange rates of foreign countries that changed after a budget request was submitted to Congress. "(2) Funds provided under this subsection are merged with and are available for the same purpose and for the same time period as the appropriation to whicn they are applied. An authorization or limitation limiting the amount that may be obligated or spent is increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission. "(3) An obligation payable in the currency of a foreign country may be recorded as an obligation based on exchange rates used in preparing a budget submission. A change reflecting fluctuations in the exchange rate may be recorded as a disbursement is made. "(4) The Secretary each year shall report to Congress on funds made available under this subsection.". (9)(A) Add immediately below item 4540 in the analysis of chapter 433 the following new item: "4541. Gratuitous services of officers of the Army Reserve.".

10 USC 4541.

(B) Add at the end of chapter 433 the following new section: "The Secretary of the Army may accept the gratuitous services of officers of the Army Reserve in enrolling, organizing, and training members of the Army Reserve or the Reserve Officers' Training Corps, or in consulting on matters related to the armed forces.'. (lOXA) Add immediately below item 4840 in the analysis of chapter 453 the following new items: "4841. Payment of small amounts to public creditors. "4842. Settlement of accounts of line officers.".
 * § 4541. Gratuitous services of offlcers of the Army Reserve

10 USC 4841.

(B) Add at the end of chapter 453 the following new sections: "When authorized by the Secretary of the Army, a disbursing official of Army subsistence funds may keep a limited amount of
 * § 4841. Payment of small amounts to public creditors

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1099

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1057

those funds in the personal possession and at the risk of Che disbursing official to pay small amounts to public creditors. "§ 4842. Settlement of accounts of line officers "The Comptroller General shall settle the account of a line officer of the Army for pay due the officer even if the officer cannot account for property entrusted to the officer or cannot make a monthly report or return, when the Comptroller General is satisfied that the inability to account for property or make a report or return was the result of the officer having been a prisoner, or of an accident or casualty of war.". (11)(A) Add immediately below item 7230 in the analysis of chapter 631 the following new item:

10 USC 4842.

"7231. Accounting for expenditures for obtaining information.".

(B) Add at the end of chapter 631 the following new section: "§7231. Accounting for expenditures for obtaining information "When the Secretary of the Navy decides that an expenditure by the Department of the Navy from an appropriation for obtaining information from anywhere in the world may be made public, the expenditure shall be accounted for specifically. When the Secretary decides that an expenditure should not be made public, the Secretary shall make a certificate on the amount of the expenditure. The certificate is a sufficient voucher for the amount stated to have been spent.". (12)(A) Add immediately below item 659 in the analysis of subtitle C the following new item: "661. Accountability and responsibility

10 USC 7231.

7861".

(B) Add at the end of subtitle C the following new chapter: "CHAPTER 661—ACCOUNTABILITY AND RESPONSIBILITY "Sec. "7861. Accounts of paymasters of lost or captured public vessels. "7862. Disbursements by order of commanding officer.

"§ 7861. Accounts of paymasters of lost or captured public vessels "When settling the account of a paymaster of a lost or captured naval vessel, the Comptroller General in settling money accounts, and the Secretary of the Navy in settling property accounts, shall credit the account of the paymaster for the amount of provisions, clothing, small stores, and money for which the paymaster is charged that the Comptroller General or Secretary believes was lost inevitably because of the loss or capture. The paymaster is then free of liability for the provisions, clothing, small stores, and money.

10 USC 7861.

"§ 7862. Disbursements by order of commanding officer 10 USC 7862. "When settling an account of a disbursing official, the Comptroller General shall allow disbursements of public moneys or disposal of public stores the disbursing official made under an order of a commanding officer when presented with satisfactory evidence that the order was made and that the money was paid or the stores disposed of as the order provided. The commanding officer is accountable for the disbursement or disposal.".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1100

 96 STAT. 1058

PUBLIC LAW 97-258—SEPT. 13, 1982 (13)(A) Add immediately below item 9540 in the analysis of chapter 933 the following new item:

"9541. Gratuitous services of officers of the Air Force Reserve.".

(B) Add at the end of chapter 933 the following new section: 10 USC 9541.

"§ 9541. Gratuitous services of officers of the Air Force Reserve "The Secretary of the Air Force may accept the gratuitous services of officers of the Air Force Reserve in enrolling, organizing, and training members of the Air Force Reserve or the Reserve Officers' Training Corps, or in consulting on matters related to the armed forces.". (14)(A) Add immediately below item 9840 in the analysis of chapter 953 the following new items: "9841. Payment of small amounts to public creditors. "9842. Settlement of accounts of line officers.".

(B) Add at the end of chapter 953 the following new sections: 10 USC 9841.

"§ 9841. Payment of small amounts to public creditors "When authorized by the Secretary of the Air Force, a disbursing official of Air Force subsistence funds may keep a limited amount of those funds in the personal possession and at the risk of the disbursing official to pay small amounts to public creditors.

10 USC 9842.

"§ 9842. Settlement of accounts of line officers "The Comptroller General shall settle the account of a line officer of the Air Force for pay due the officer even if the officer cannot account for property entrusted to the officer or cannot make a monthly report or return, when the Comptroller General is satisfied that the inability to account for property or make a report or return was the result of the officer having been a prisoner, or of an accident or casualty of war.". (c) The first section of the Federal Reserve Act (12 U.S.C. 221) is amended by adding at the end the following new paragraph: "The terms 'bonds and notes of the United States', 'bonds and notes of the Government of the United States', and 'bonds or notes of the United States' used in this Act shall be held to include certificates of indebtedness and Treasury bills issued under section 3104 of title 31.". (d) Title 18, United States Code, is amended as follows: (1)(A) In the analysis of chapter 33, strike out item 714. (B) Strike out section 714. (2)(A) Insert at the beginning of section 3059 the designation "(a)(1)". (B) Insert before the word " I f the designation "(2)". (C) Add at the end of the section the following new subsection: "(b) The Attorney General each year may spend not more than $10,000 for services or information looking toward the apprehension of narcotic law violators who are fugitives from justice.". (3)(A) Insert between items 3150 and 3151 in the analysis of chapter 207 the following new item:

Definitions.

31 USC 3104. Repeal. 18 USC 714.

"3150a.

Refund of forfeited bail.".

(B) Insert between sections 3150 and 3151 the following new section:

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1101

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1059

18 USC 3150a. "Appropriations available to refund money erroneously received and deposited in the Treasury are available to refund any part of forfeited bail deposited into the general fund of the Treasury and ordered remitted under the Federal Rules of Criminal Procedure.". 18 USC app. (4)(A) Add immediately below item 4042 in the analysis of chapter 303 the following new item: "4043. Acceptance of gifts and bequests to the Commissary Funds, Federal Prisons.".
 * § 3150a. Refund of forfeited bail

(B) Add at the end of chapter 303 the following new section: Federal Prisons "The Attorney General may accept gifts or bequests of money for credit to the 'Commissary Funds, Federal Prisons'. A gift or bequest under this section is a gift or bequest to or for the use of the United States under the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.).". (e) The Act of April 25, 1940 (22 U.S.C. 2668), is amended— (1) by inserting at the beginning of the text of the Act the subsection designation "(a)"; and (2) by adding at the end of the Act the following new subsections: "(b) A charge outstanding in the 'State account of advances' shall be removed by crediting the account of advances and deducting the amount of the charge from an appropriation made available for advances to the DepEurtment of State when— "(1) relief has been granted or may be granted later to a disbursing official or agent of the Department operating under the account of advances and under a law having no provision for removing charges outstanding in the account of advances; or "(2) the charge has been— "(A) outstanding in the account of advances for 2 complete fiscal years; and "(B) certified by the Secretary of State to the Comptroller General as uncollectable. "(c) Subsection (b) of this section does not affect the financial liability of a disbursing official or agent.". (f) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is amended as follows: (1) In section 7801(c), insert immediately after "in this section" the following: "or section 301(f) of title 31". (2) In section 7802(b)— (A) insert immediately before "There" the following: "(1) Establishment of Office.—". (B) Add at the end of section 7802(b) the following new paragraph: "(2) Authorization of appropriations.—There is authorized to be appropriated to the Department of the Treasury to carry out the functions of the Office an amount equal to the sum of— "(A) so much of the collections from taxes imposed under section 4940 (relating to excise tax based on investment income) as would have been collected if the rate of tax under such section was 2 percent during the second preceding fiscal year; and
 * § 4043. Acceptance of gifts and bequests to the Commissary Funds,

18 USC 4043.

State Department account of advances.

26 USC 7801. 26 USC 7802. Appropriation authorizaticm.

26 USC 4940.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1102

 96 STAT. 1060

PUBLIC LAW 97-258—SEPT. 13, 1982 "(B) the greater of— "(i) an amount equal to the amount described in paragraph (A); or "(ii) $30,000,000.". (g) Title 28, United States Code, is amended as follows: dXA) In the analysis of chapter 31, strike out—

"524. Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs."

and substitute— "524. Availability of appropriations.".

(B) In the catchline of section 524, strike out— "Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs" and substitute— "Availability of appropriations". (C) Insert at the be»ginning of the text of section 524 the subsection designation (a)". (D) Add at the end of section 524 the following new subsection: "(b) Except as provided in subsection (a) of this section, a claim of not more than $500 for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment.". (2) Add at the end of section 571 the following new subsection: "(d) Appropriations for sedaries, expenses, and fees of marshals are available for advances with the approval of the Attorney General.". (3)(A) Insert between items 572 and 573 in the analysis of chapter 37 the following new item: "572a. Depositing public moneys.".

28 USC 572a. 28 USC 2041.

(B) Insert between sections 572 and 573 the following new section: "§ 572a. Depositing public moneys "Except for public moneys deposited under section 2041 of this title, each United States marshm shall deposit public moneys that the marshal collects into a checking account in the Treasury, subject to disbursement by the marshal. At the end of each accounting period, the earned part of public moneys accruing to the United States shall be deposited in the Treasury to the credit of the appropriate receipt accounts.". (4KA) In the analysis of chapter 129, strike out— "2041. Deposit."

and substitute— "2041. Deposit of mone3rs in pending or abjudicated cases.".

(B) Add immediately below item 2042 in the analysis of the chapter the following new item: "2043. Deposit of other moneys.".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1103

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1061

(C) In the catchline of section 2041, strike out—

28 USC 2041.

"Deposit" and substitute— "Deposit of moneys in pending or adjudicated cases". (D) In section 2042, insert the words— (i) "under section 2041 of this title" immediately after "No money deposited" in the first paragraph; and (ii) "under section 2041" immediately after "deposited in court" in the last paragraph. (E) Add at the end of chapter 129 the following new section: "§ 2043. Deposit of other moneys "Except for public moneys deposited under section 2041 of this title, each clerk of the United States courts shall deposit public moneys that the clerk collects into a checking account in the Treasury, subject to disbursement by the clerk. At the end of each accounting period, the earned part of public moneys accruing to the United States shall be deposited in the Treasury to the credit of the appropriate receipt accounts.". (5) Effective on the later of October 1, 1982, or the date of enactment of this Act, amend section 2516(b) to read as follows: "(b) Interest on a judgment against the United States affirmed by the Supreme Court after review on petition of the United States is paid at a rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately before the date of the judgment.". (h) Section 107 of title 32, United States Code, is amended by adding at the end the following new subsection: "(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.". (i) Title 37, United States Code, is amended as follows: (1) Add at the end of section 406 the following new subsection: "(j) A member traveling under orders who is relieved from a duty station is entitled to transportation for his dependents, baggage, and household effects, regardless of the time the dependents, baggage, or household effects arrive at their destination. Appropriations of the Department of Defense available for travel or transportation that are current when the member is relieved may be used to pay for the transportation.". (2)(A) Add immediately below item 1011 in the analysis of chapter 19 the following new item:

28 USC 2042.

28 USC 2043. 28 USC 2041.

Effective da<;e. 28 USC 2516.

National Guard pay and allowances.

10 USC 3496, 8496. Transportation allowances for uniformed

"1012. Disbursement and accounting.".

(B) Add at the end of chapter 19 the following new section: "§ 1012. Disbursement and accounting 37 USC 1012. "Amounts appropriated under sections 206(a), (b), and (d), 301(f), 309, 402(b) (last sentence), and 1002 of this title for pay of enlisted 37 USC 206, 301, members of the Army National Guard of the United States or the 309, 402, 1002.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1104

 96 STAT. 1062

Appropriation.

Effective date. 31 USC 9101 note. 95 Stat. 439.

Effective date. 28 USC 1961 note. Ante, p. 55.

Repeal. Ante, p. 55.

PUBLIC LAW 97-258—SEPT. 13, 1982

Air National Guard of the United States for attending regular periods of duty and instruction shall be disbursed and accounted for by the Secretary concerned. Disbursements shall be made for 3-month periods for units of the Army National Guard or Air National Guard under regulations prescribed by the Secretary concerned, and on pay rolls prepared and authenticated under the regulations,". (j) Section 203 of title 38, United States Code, is amended— (1) by inserting at the beginning of the text of the section the subsection designation "(a)"; and (2) by adding at the end of the section the following new subsection: "(b) An appropriation may be used for a settlement of more than $1,000,000 on a construction contract only if the settlement is audited independently for reeisonableness and appropriateness of expenditures and the settlement is not provided for specifically in an appropriation law.". (k) Section 409 of title 39, United States Code, is amended by adding at the end the following new subsection: "(e) A judgment against the Government of the United States arising out of activities of the Postal Service shall be paid by the Postal Service out of any funds available to the Postal Service.". (1) Effective on the date prescribed by section 396(i) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 441), the following sections of title 31 (enacted by section 1 of this Act), United States Code, are amended as follows: (1) In section 9101(2), strike out— "(K) the National Consumer Cooperative Bank.". (2) In sections 9107(c)(3) and 9108(d)(2), strike out "the National Consumer Cooperative Bank,". (m) Effective on the later of October 1, 1982, or the date of enactment of this Act— (1) section 1961(b) of title 28, United States Code, as added by section 302(a)(3) of the Federal Courts Improvement Act of 1982 (Public Law 97-164; 96 Stat. 56), is amended by striking out "title 28, United States Code, and section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a)" and substituting "this title and section 1304(b)(l) of title 31"; (2) section 1304 of title 31 (as enacted by section 1 of this Act), United States Code, is amended— (A) in subsection (b)(l)(A), by striking out the words "under section 2411(b) of title 28"; and (B) in subsection (b)(l)(B), by striking out the words "Court of Claims" and substituting "Court of Appeals for the Federal Circuit or the United States Claims Court"; and (3) sections 155, 160(11), and 302(c) and (d) of the Federal Courts Improvement Act of 1982 (Public Law 97-164,96 Stat. 47, 48,56) are repealed. CONFORMING CROSS-REFERENCES

SEC. 3. (a) Title 5, United States Code, is amended as follows: (1) In section 575(c)(13), strike out "section 3679(b) of the Revised Statutes (31 U.S.C. 6650t)))" and substitute "section 1342 of title 31".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1105

 PUBLIC LAW 97-258—SEPT. 13, 1982 (2) In section 1205(j), strike out "section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11)" and substitute "section 1105 of title 31". (3) In section 3102(b)(l)(C), strike out "section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" and substitute "section 1342 of title 31". (4) In section 3109(a)(2), strike out "section 849 of title 31" and substitute "section 9104 of title 31". (5) In section 3111(b), strike out "section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" and substitute "section 1342 of title 31". (6) In section 3374(c)(2), strike out "section 638a of title 31" and substitute "sections 1343, 1344, and 1349(b) of title 31". (7) In section 3381(d), strike out "section 529 of title 31" and substitute "section 3324(a) and (b) of title 31". (8) In section 4101(1)(C), strike out "sections 846-852 or 856859 of title 31" and substitute "chapter 91 of title 31". (9) In section 4109(a)(2), strike out "section 529 of title 31" and substitute "section 3324(a) and (b) of title 31". (10) In section 5307(a), strike out "section 665 of title 31" and substitute "sections 1341, 1342, and 1349-1351 and subchapter II ofchapterl5oftitle31". (11) In section 5349(b), strike out "section 180 of title 31" and substitute "section 5141 of title 31". (12) In section 5514(b), strike out "section 581d of title 31" and substitute "section 3530(d) of title 31". (13) In section 5545(a), strike out "section 180 of title 31" and substitute "section 5141 of title 31". (14) In section 5721(5), strike out "section 849 of title 31" and substitute "section 9104 of title 31". (15) In sections 5923(2) and 5924(4)(A), strike out "section 529 of title 31" and substitute "section 3324(a) and (b) of title 31". (16) In section 7903, strike out "section 849 of title 31" and substitute "section 9104 of title 31". (17) In section 8147(c), strike out "section 856 of title 31" and "sections 841-869 of title 31" and substitute "section 9101(2) of title 31" and "chapter 91 of title 31", respectively. (b) Title 10, United States Code, is amended as follows: (1) In section 139(a), strike out "section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11)" and substitute "section 1105 of title 31". (2) Strike out the last sentence of section 140a. (3) In section 2127(b), strike out "section 3648 of the Revised Statutes (31 U.S.C. 529)" and substitute "section 3324(a) and (b) of title 31". (4) In section 2205, strike out "the Act of March 4, 1915 (31 U.S.C. 686)" and substitute "sections 1535 and 1536 of title 31". (5) In section 2212, strike out "section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11)" and substitute ' W t i o n 1105 of title 31". (6) In section 2388(c), strike out "section 529 of title 31" and substitute "section 3324(a) and (b) of title 31". (7) In section 2633(a), strike out "section 3678 of the Revised Statutes (31 U.S.C. 628)" and substitute "section 1301(a) of title 31". (8) In section 6154, strike out "section 529 of title 31" and substitute "section 3324(a) and (b) of title 31".

96 STAT. 1063

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1106

 96 STAT. 1064

26 USC 170, 2055.

26 USC 5177, 5^03. 26 USC 6103.

26 USC 6326. 26 USC 6422.

PUBLIC LAW 97-258—SEPT. 13, 1982

(9) In section 7522(b), strike out "Section 3648 of the Revised Statutes (31 U.S.C. 529)" and substitute "Section 3324(a) and (b) of title 31". (10) In section 7605, strike out "sections 3639 and 3651 of the Revised Statutes (31 U.S.C. 521 and 543)" and substitute "section 3302(a) of title 31". (c) Sections 345 and 15345 of title 11, United States Code, are each amended by striking out "section 15 of title 6" and substituting "section 9303 of title 31". (d) Section 659 of title 14, United States Code, is amended by striking out "section 1 of the Act of July 25, 1956, as amended (31 U.S.C. 701)" and substituting "section 1352(a) of title 31". (e) Title 18, United States Code, is amended as follows: (1) In section 1906, strike out "section 117(e) of the Accounting and Auditing Act of 1950" wherever it appears and substitute "section 714 of title 31". (2) In section 4109(2), strike out "section 3648 of the revised statutes as amended (31 U.S.C. 529)" and substitute "section 3324(a) and (b) of title 31". (3) In section 4204(b)(1), strike out "section 3648 of the Revised Statutes of the United States (31 U.S.C. 529)" and substitute "section 3324(a) and (b) of title 31". (4) In section 420403)(2), strike out "section 3679 of the Revised Statutes of the United States (31 U.S.C. 665(b))" and substitute "section 1342 of title 31". (5) In section 4284(a), strike out "(31 U.S.C. 725s(22))" and substitute "in section 1321(a)(22) of title 31". (f) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is amended as follows: (1) In sections 170(k)(7) and 2055(f)(6), strike out "section 2 of the Act of May 15, 1952, as amended by the Act of July 9, 1952 (31 U.S.C. 725S-4)" and substitute "section 4043 of title 18, United States Code". (2) In section 2055(f)(7), strike out "section 24 of the Second Liberty Bond Act (31 U.S.C. 757e)" and substitute "section 3113(e) of title 31, United States Code". (3) In sections 5177(b)(1) and 5403(3), strike out "6 U.S.C. 15" and substitute "section 9303 of title 31, United States Code". (4) In section 6103(i)(6)(A)(i), strike out "section 117 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 67)" and substitute "section 713 of title 31, United States Code". (5) In section 6103(l)(4)(A)(ii), strike out "section 3 of the Act of July 7, 1884 (23 Stat. 258; 31 U.S.C. 1026)" and substitute "section 330 of title 31, United States Code". (6) In section 6103(m)(2), strike out "section 3 of the Federal Claims Collection Act of 1966" and substitute "section 3711 of title 31, United States Code". (7) In section 6326(6), strike out "R.S. 3466 (31 U.S.C. 191)" and substitute "section 3713(a) of title 31, United States Code". (8) In section 6422(10), strike out "R.S. 3477 (31 U.S.C. 203)" and substitute "section 3727 of title 31, United States Code". (9) In section 6422(11), strike out "the Act of March 3, 1875, as amended by section 13 of the Act of March 3, 1933 (31 U.S.C. 227)" and substitute "section 3728 of title 31, United States Code".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1107

 PUBLIC LAW 97-258-SEPT. 13, 1982

96 STAT. 1065

(10) In section 6901(a)(1)(B), strike out "section 3467 of the 26 USC 6901. Revised Statutes (31 U.S.C. 192)" and substitute "section 3713(b) of title 31, United States Code". (11) In section 7101(2), strike out "6 U.S.C. 15" and substitute 26 USC 7101. "section 9303 of title 31, United States Code". (12) In section 7 1 2 3 26 USC 7123. (A) strike out of subsection (a) the following: "(a) Criminal penalties"; and (B) strike out subsection (b). (13) In section 7421(b)(2), strike out "section 3467 of the 26 USC 7421. Revised Statutes (31 U.S.C. 192)" and substitute "section 3713(b) of title 31, United States Code". (14) In section 7430(6), strike out "R.S. 3466 (31 U.S.C. 191)" 26 USC 7430. and substitute "section 3713(a) of title 31, United States Code". (15) In section 7485(b)(2), strike out "6 U.S.C. 15" and substi- 26 USC 7485. tute "section 9303 of title 31, United States Code". (g) Section 1828(b) of title 28, United States Code, is amended by striking out "section 501 of the Act of August 31, 1951 (ch. 376, title 5, 65 Stat. 290; 31 U.S.C. 483a)" and substituting "section 9701 of title 31". (h) Title 32, United States Code, is amended as follows: (1) In section 334(a), strike out "section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a)" and substitute "section 1304 of title 31". (2) In section 710(d), strike out "(31 U.S.C. 725c(b)(22))". (i) Section 42(b) of title 35, United States Code, is amended by striking out ", the provisions of section 725e of title 31, United States Code, notwithstanding". (j) Section 1006(h) of title 37, United States Code, is amended by striking out "section 3648 of the Revised Statutes (31 U.S.C. 529)^^' and substituting "section 3324(a) and Qa) of title 31". (k) Title 38, United States Code, is amended as follows: (1) In section 620A(d)(l), strike out "the Act of March 4, 1915 (31 U.S.C. 686)" and substitute "sections 1535 and 1536 of title 31". (2) In section 1632, strike out— (A) "subsection (a) of section 725s of title 31" and substitute "section 1322(a) of title 31"; and (B) "the last proviso of that subsection" and substitute "section 1322(a)'\ (3) In section 1820(a)(6), strike out "section 3617, Revised Statutes (31 U.S.C. 484)" and substitute "section 3302(b) of title 31". (4) In sections 3021(a) and 3109(a), strike out "sections 123-128 of title 31" and substitute "sections 3329 and 3330 of title 31". (5) In section 3204, strike out "the last proviso of subsection (a) of section 725s of title 31" and substitute "section 1322(a) of title 31". (6) In section 4118(g)(3), strike out "section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. ID" and substitute "section 1105 of title 31". (7) In section 4142(f)(2), strike out "section 3648 of the Revised Statutes of the United States (31 U.S.C. 529)" and substitute "section 3324(a) and (b) of title 31". (8) In the first sentence of section 4206, strike out "corporations by sections 841-869 of title 31," and substitute "corporations by chapter 91 of title 31,".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1108

 96 STAT. 1066 38 USC 5202, 5220.

PUBLIC LAW 97-258—SEPT. 13, 1982

(9) In sections 5202(d) and 5220(a), strike out "section 725s(a)(45) of title 31" and substitute "section 1321(a)(45) of title 31". (1) Title 39, United States Code, is amended as follows: (1) In section 2003(e)(1), strike out "section 665 of title 31" and substitute "subchapter II of chapter 15 of title 31". (2) In section 2009, strike out "section 11 of title 31" and substitute "section 1105 of title 31". (m) Title 44, United States Code, is amended as follows: (1) In section 308(c)(l), strike out "section 244 of title 31" and substitute "section 3726 of title 31". (2) In section 309(d), strike out "section 849 of title 31" and substitute "section 9104 of title 31". (3) In section 3519, strike out "section 313 of the Budget and Accounting Act of 1921, as amended" and substitute "section 716 of title 31". (n) Section 11706(f) of title 49, United States Code, is amended by striking out "section 244 of title 31" and substituting "section 3726 of title 31". (o)(l) Rule XLIX of the Rules of the House of Representatives is amended as follows: (A) In clause 2— (i) strike out "the first sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b)" and substitute "section 3101(b) of title 31, United States Code,"; and (ii) strike out "section 21 of the Second Liberty Bond Act" and substitute "section 31O10t)) of title 31". (B) In clause (5)— (i) strike out "the Second Liberty Bond Act" and substitute "chapter 31 of title 31, United States Code,"; (ii) strike out "section 21 of such Act" and substitute "section 31010b) of title 31"; and (iii) strike out "the second sentence thereof and substitute "section 3101(a) of title 31".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1109

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1067

(2) This subsection— (A) is enacted as an exercise of the rulemaking power of the House of Representatives; and (B) may be changed by the House at any time, in the same way, and to the same extent as any other rule of the House, under the constitutional right of the House to change its rules. LEGISLATIVE PURPOSE AND CONSTRUCTION

SEC. 4, (a) Sections 1-3 of this Act restate, without substantive change, laws enacted before April 16, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after April 15, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. (b) A reference to a law replaced by sections 1-3 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) An order, rule, or regulation in effect under a law replaced by sections 1-3 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by sections 1-3 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. (f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.

31 USC note prec.ioi.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1110

 96 STAT. 1068

PUBLIC LAW 97-258—SEPT. 13, 1982 REPEALS

31 USC note prec. 101.

SEC. 5. (a) The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal. (b) The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act: Schedule of Laws Repealed statutes at Large Statutes at Large Date

Chapter or Public Law

1874 Jan. 29 May 12 June 20

19... 168. 328.

June 22 June 23

343. 419. 455.

Section

1 (4th par. under heading Denver, Colorado"), 4, 5. 6

Volume

"Mint

at

1 (3d par. under heading "National Currency", par. immediately before heading "Smithsonian Institution").

476. 1875 Jan. 14 Feb. 18 Mar. 3

129. 130. 149.

1876 June 30 July 22

156 P.R. 17.

1877 Feb. 27

69...

Mar. 3

105.

1878 Feb. 28 May 31 June 8 June 19

1879 Feb. 14

20... 146. 170. 312. 329.

68.

June 9 June 21 Dec. 22 1881 Feb. 1 Mar. 1 Mar. 3

Page

6 45 97,109 124 202 206, 216 275

1 (3d, 4th complete pars, on p. 317, 11th par. on p. 319). 1 (6th par. 3d sentence under heading "War Department"). 2 (pars, for the offices of the Auditors)

1 (words after last semicolon).. (3d-9th, 11th, 13th complete pars, on p. 249). (provisos in par. under heading "Bureau of Engraving and Printing").

1 (1st, 2d sentences on p. 191, last par. under heading "Mint at Denver, Colorado", par. immediately before heading "Office of the Attorney General"). (2d par. words after 1st semicolon under heading "Bureau of Provisions and Clothing").

296 317, 319 359 397 481 64 215 249 353

25 87 102 167 191, 205

20 288

3 (last sentence words after semicolon).

33... 95... 133.

322 374 457

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1111

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1069

Schedule of Laws Repealed—Continued Statutes at Laige Date

Statutes at Large

Chapter or Public Law

Sectiim

Volume

1882 May 26 June 22 July 12 Aug. 5 Aug. 7

190. 236. 290. 389. 433.

1 (2cl, 6th complete pars, on p. 312).,

1888 Blar.S

143.

(2d proviso on p. 616).

1884 July 5 July?

217. 334.

Qastpar.) 3 (proviso and sentence immediately after proviso under heading "War Department").

1885 Feb. 16

128.

306

1886 Mar. 31

41...

9

1887 Mar. 8

362.

97 108 165 256 312

22 616 113 258

(last par. under heading "Engraving and Printing"). 3

515 635

1889 Mar. 2

411...

1 (5th proviso under heading "Engraving and Printing", par. under heading "Vaults for Storage of Silver").

945,955

1890 June 30

640.

197

July 11

667.

July 14 Aug. 30 Sept. 26 Oct. 1

708... 837... 944... 945... 1256.

(1st par. last sentence under heading "Bureau of Provisions and Clothing"). 1 (1st par. under beading "Treasury Department").

1891 Feb. 24

284.

Mar. 8

541.

(par. under heading "MUitary Telegraph Lines"). 1 (1st par. words between 1st and 2d semicolons under heading "Auditor of the Treasury for the Post Office Department"), 8.

1892 July 16

196.

1 (par. immediately before heading "Third Auditor").

1898 Feb. 27 Nov. 1

168. 8.....

(2d proviso on p. 479)..

1894 Mar. 29 July 31

49... 174.

Aug. 13 Aug. 27

281. 349.

1895 Mar. 2

177. 187.

1 (3d proviso under heading "Pay"), 4.. .„

.,„

9.................................M.............UW1«..............

4, 5 (1st par.), 6, 7 Gess par. amending S 456), 8-16,19-27. 25..

(1st par. under heading "Treasury Department").

236 289 399,418 484 485 646 779 920,948

27 194

479 4 47 205,206, 207, 210 278 552 807 844

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1112

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1070

Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

Chapter or Public Law

1896 May 28

252.

June 8

373.

June 11

420.

1897 Feb. 19

265.

Mar. 3 June 4

376. 2

1898 Mar. 11 May 21 June 13 July?

57... 348. 448. 571.

1900 Mar. 14 June 6

41... 791,

1901 Mar. 2 Mar. 3

800. 803. 867.

1902 May 27 June 3 June 28

887... 985... 1301. 1302.

Section

Volume

1 (par. immediately before heading "Treasury £>epartment'), 5. (last par. under heading "Engraving and Printing"). 1 (6th par. on p. 414) 1 (2d par. under heading "Office of Comptroller of the Treasury"). 1 (4th proviso on p. 18, 1st par. under heading "Recoinage, Reissue, and Transportation of Minor (Joins").

32,34 (7th par. under heading "Mints and Assay Offices").

Page

148, 179 275 414 550

624 18,27

274 420 466, 467 661

1, 3-8, 11, 14 1 (proviso in par. under heading "Back Pay and Bounty").

45, 46, 48, 49 637

(3d par. on p. 910).

877 910 1446

(1st par. under heading "State Claims") (last par.) 1 (8th par. related to supplies for U.S. courts and judicial officers). 8 (words between 6th comma and proviso)...

235 303 476 484

1903 Feb. 14 Mar. 3

552... 1010.

1904 Mar. 18 Apr. 13 Apr. 28

716... 1253. 1762.

1905 Mar. 3 Dec. 21

1484. 3

1257 5

1906 Feb. 27 Mar. 23 Apr. 24 May 26 June 12

510... 1129. 1861. 2558. 3078.

48 84 132 202 258

June 19 June 30

3434. 3914.

(par. under heading "Clothing and SmallStores Fund"). 1 (proviso on p. 109) 6 1 (proviso immediately before "Revenue-Cutter Service").

heading

(4th par. under heading "National Trophy and Medals for Rifle Contests"). 3, 7-10.

826 1191

109 178 460

301 762, 763

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1113

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1071

Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

Chapter or Public Law

1907 Feb. 26

1635

Mar. 2

2507 2511 2913 2918

Section

1 (2d par. under heading "Treasury Department"). (par. immediately before heading "Board of Ordnance and Fortification"). (proviso on p. 1166, proviso words before 1st semicolon under heading "Incidental Expenses"). 1,2 1 (1st peir. under heading "Back Pay and Bounty", 3d par. under heading "United States Courts^').

Volume

Page

34 949 34

1062

34

1166, 1167

34 34

1289 1356, 1360

1908 May 18 May 26 May 27

173 198 206

May 30

223

35 164 35 295 411, 415 35 35 474

Aug. 5

174 252 269 297 299 314 6

35 35 35 35 35 35 36

1910 Feb. 4 Mar. 2 June 17

25 71 297

1909 Feb. 23 Mar. 3

June 25

1911 Mar. 2

384 385

Mar. 3

190 195 209

Mar. 4

237 239 242 267 268 285

1912 Aug. 23

350

Aug. 24

355

Aug. 26

408

Oast par. on p. 411, par. beginning on p. 415 amending §§ 3646,3647).

10 7-9 39,40

1 (par. immediately before heading "Office of the Supervising Architect"). 7,8 (last par. on p. 776, lst-3d pars, immediately before heading "Bureau of Navigation).

(par. immediately before heading "Ordnance Department"). 1 (last par. under heading "Office of Comptroller of the Treasury*^). (2d proviso, 3d proviso lst-24th words under heading Contingent, Navy", last par. on p. 1279). (par. immediately before heading "Board of Ordnance and Fortification"). 1 (par. immediately before heading "LifeSaving Service"). 1 (last par. under heading "Office of the Comptroller of the Treasury", last par. under heading "Assay Office at Salt Lake City, Utah", 2d par. under heading "Department of Justice"), 6, 7, 9. 1 (4th par. under heading "Engraving and Printing"), 7. 1 (2d par. words before 1st proviso under heading "Treasury Department").

643 750 842 866 1027 1065

117

36 192 36 231 36 487 36 773 36 776, 792

36 964 36 1013 1056 36 36 1190 36 1267, 1279 36

1344

36 36 36

1354 1354 1387

37

375, 384, 404, 414, 415

37

430, 487

37

595

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1114

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1072

Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

1913 Mar. 2 Mar. 4

Chapter or Public Law

Section

Volume

Page

June 23 Dec. 23

93... 141. 142. 3 6

(1st, 2d provisos on p. 710). 2 (last sentence) 4 3 ll(n),26

710 737 790 75 251, 274

1914 Apr. 27

72...

363, 369

June 30

130.

(last proviso beginning on p. 363, par. immediately before heading "Ordnance Department"). (par. immediately before heading "Bureau of Construction and Repair", 5th par. under heading "Increase of the Navy ').

July 6 July 16

136. 141.

1915 Mar. 4

142. 143. 147.

1916 Mar. 21 June 3 June 12 July 1 Aug. 11 Aug. 29

52... 134. 142. 209. 313. 314. 417. 418.

Sept. 7 Sept. 8 1917 Mar. 3 Apr. 24 May 12 June 12

451. 464.

159. 163. 4 12... 27...

July 9 Sept. 24 Oct. 6 1918 Apr. 4 Apr. 23 June 1 July 1 July 9 Sept. 24 Nov. 4

Dec. 24

10 1 (last proviso beginning on p. 1078, 3d proviso on p. 1080, 3d proviso on p. 1084). 4

124 (proviso). 1 (3d par. on p. 275, 2d par. on p. 277) (last proviso on p. 491) (1st proviso on p. 504) (2d proviso under heading "Pay, Miscellaneous"). 1 (5th proviso on p. 622, 1st proviso on p. 635). 13 (proviso) 1 (pars, under heading "United States Employees' (Compensation Commission"). 400 (last proviso), 401 1 (1st par. under heading 'Treasury Department"). (3d proviso on p. 72) 1 (4th par. under heading "Miscellaneous Objects, Treasury Department"). 1 (1st par. under heading "Office of the Secretary").

44... 63... 91... 114. 142. 143. 176. 201.

Dec. 2 1919 Mar. 3

1 (12th complete par. on p. 471), 5..

(2d proviso under heading "Bureau of Ordnance"). ch. n i (1st par.), ch. XVIII (last par.) 2,7 1 (last par. under heading "Post Office Department").

405, 413 454 471, 508 1054 1078, 1080, 1084 38 1161 37 216 225 275, 277 491 504 557 622, 635 733 821

1003 1083 35 72 118 242 288 347

502 535 594 721 844 878, 892 966, 967 1035 1051

99... 100. 15...

1309 1309 370

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1115

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1073

Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

1920 May 10

Chapter or Public Law

May 12 May 21 May 29

176 177 182 194 214

June 5

240

1921 Feb. 22 Mar. 1

70 89

Mar. 3

124

Mar. 4

153 161

May 27 June 10 June 16

14 18 23

July 12

44

Nov. 23

136

1922 Feb. 2 Feb. 17

45 55

June 19 Sept. 22 Dec. 28

228 427 17

1923 Jan. 3

22

Jan. 24 Feb. 13 Feb. 26 Feb. 28 Mar. 2 1924 Mar. 17

38 71 72

Section

7 1 (last par. under heading "Office of Comptroller of the Treasury", lst-4th pars, under heading "Independent Treasury"). (pars, under heading "Advances to Disbursing Officers"). 7 1 (2d par. under heading "Bureau of Supplies {uid Accounts", 2d par. on p. 1170). 1 (words after last semicolon under heading "Bureau of Engraving and Printing"). 1 (1st par. under heading "Miscellaneous Objects, Treasury Department"). 403 1 (last par. last sentence under heading "Office of the Secretary"). 1 (last par. words after 1st proviso under heading "Contingent, Bureau of Ordnance"), 3. 1401, 1402

(related to appointment and duties of Deputy and Under Secretaries, vacancy in office of Secretary of the Treasury, 2a proviso and sentence after proviso on p. 388). 7

(related to appointment and duties of Deputy and Under Secretaries, vacancy in office of Secretary of the Treasury, 2d par. under heading "Bureau of Engraving and Printing", 2d proviso and sentence after proviso on p. 1109). (last par. under heading "General Accounting Office").

113 146 178 179 58 84

May 28

203

Dec. 5

4

Volume

41 41 41 41 41

595 595 597 613 647, 654

41

975

41 41

1144 1169, 1170

41

1271

41 41

1363 1374

42 17 42 20 42 86 42

128,139

42 321 42 362 42 366, 367, 388

42 662 42 1042 42 1066 42

1087 1099 1109

42 1172 42 1226 42 1231 42 42 42 42

(related to appointment and duties of Deputy and Under Secretaries, vacancy in office of Secretary of the Treasury, 1st par. on p. 69, 2d proviso and sentence after proviso on p. 83). (2d par. under heading "Fuel and Trtmsportation"). 1 (5th par. under heading "Marshals, District Attorneys, Clerks, and Other Expenses of United States Courts").

Page

1287 1325 1391 1427

43 23 43 64 69 83

43

195

43 687

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1116

 96 STAT. 1074

PUBLIC LAW 97-258—SEPT. 13, 1982 Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

Chapter or Public Law

1925 Jan. 14 Jan. 21 Jan. 22

Feb. 24 Mar. 3

Section

Volume

749 763 764, 767, 781

5,6. (words before 1st proviso under heading "Office of the Secretary", 2d par. under heading "Division of Bookkeeping and Warrants", last proviso beginning on p. 781 and sentence after proviso).

965 1253

302. 482.

1926 Feb. 26 Mar. 2

Page

122, 125 154

1125, 1200 1 (last proviso and sentence after proviso on p. 154). 101 (proviso on p. 267)

267 559 605 761

Apr. 15 May 17 May 21 June 22 Julys

146. 307. 355. 650. 775.

1927 Jan. 26

58.

1928 Mar. 7 Apr. 10 May 29

334 901

1929 Feb. 20 Mar. 2

274 483

June 17

26

1930 Apr. 11 June 12 June 17

131 470 497

1931 Mar. 3

433

1932 June 30 July 21

314. 520.

501, 601, 602. 308

47 415, 417 47 724

1933 Mar. 3 Mar. 9 May 12 June 5 June 15

212. 1 25... 48... 82...

1 (last par. on p. 1492), 13. 3 43-45

47 48 48 48 48

(less 2(b)) 1 (2d complete par. on p. 428)..

48 48 48 48 48 48 48 48

1934 Jan. 30 Mar. 15 May 9 May 10 May 14 May 26 June 21 June 26

70... 265. 277. 286. 355. 695. 756.

(Ist, 2d complete pars, on p. 605).

1 (last proviso and sentence after proviso on p. 1045).

44 1045

198 413 986, 987, 990, 992, 994

1(1), (6). (7), (10), (11), (17), (20), (21), (23), (58), (89), (106).

1249 1461

(last proviso under heading "Maintenance, Bureau of Supplies and Accounts"). 46

154 580 739

522 46

512,518.

1, 6, 8, 11, 15-20, 22-27.

19

1506

1492, 1516

2 51 113 149 337 428 679 758, 760

776 807 1200 1224, 1228, 1229, 1230, 1236

�