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 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 973

SUBCHAPTER III—CLAIMS AGAINST THE UNITED STATES GOVERNMENT § 3721. Claims of personnel of agencies and the District of Columbia government for personal property damage or loss (a) In this section— (1) "agency" does not include a nonappropriated fund activity or a contractor with the United States Government. (2) "head of an agency" means— (A) for a military department, the Secretary of the military department; (B) for the Department of Defense (except the military departments), the Secretary of Defense; and (C) for another agency, the head of the agency. (3) "settle" means consider, determine, adjust, and dispose of a claim by disallowance or by complete or partial allowance. (b) The head of an agency may settle and pay not more than $15,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. A claim allowed under this subsection may be paid in money or the personal property replaced in kind. (c)(1) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property in a foreign country that was incurred after December 30, 1978, incident to service, and— (A)(i) the member, officer, or employee was evacuated from the country after December 30, 1978, on a recommendation or order of the Secretary of State or other competent authority that was made in responding to an incident of political unrest or hostile act by people in that country; and (ii) the damage or loss resulted from the evacuation, incident, or hostile act; or (B) the damage or loss resulted from a hostile act directed against the Government or its members, officers, or employees. (2) On paying a claim under this subsection, the Government is subrogated for the amount of the payment to a right or claim that the claimant may have against the foreign country for the damage or loss for which the Government made the payment. (3) Amounts may be obligated or expended for claims under this subsection only to the extent provided in advance in appropriation laws. (d) The Mayor of the District of Columbia may settle and pay a claim against the District of Columbia government made by an officer or employee of the District of Columbia government to the same extent the head of an agency may settle and pay a claim under this section. (e) A claim may not be allowed under this section if the personal property damage or loss occurred at quarters occupied by the claimant in a State or the District of Columbia that were not assigned or provided in kind by the United States Government or the District of Columbia government. (f) A claim may be allowed under this section only if— (1) the claim is substantiated;

Definitions.

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 96 STAT. 974

PUBLIC LAW 97-258—SEPT. 13, 1982 (2) the head of the agency decides that possession of the property was reasonable or useful under the circumstances; and (3) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant. (g) A claim may be allowed under this section only if it is presented in writing within 2 years after the claim accrues. However, if a claim under subsection (b) of this section accrues during war or an armed conflict in which an armed force of the United States is involved, or has accrued within 2 years before war or an armed conflict begins, and for cause shown, the claim must be presented within 2 years after the cause no longer exists or after the war or armed conflict ends, whichever is earlier. An armed conflict begins and ends as stated in a concurrent resolution of Congress or a decision of the President. (h) The head of the agency— (1) may settle and pay a claim made by the surviving spouse, child, parent, or brother or sister of a dead member, officer, or employee if the claim is otherwise payable under this section; and (2) may settle and pay the claims by the survivors only in the following order: (A) the spouse's claim. (B) a child's claim. (C) a parent's claim. (D) a brother's or sister's claim. (i) Notwithstanding a contract, the representative of a claimant may not receive more than 10 percent of a payment of a claim made under this section for services related to the claim. A person violating this subsection shall be fined not more than $1,000. (j) The President may prescribe policies to carry out this section (except subsection (b) to the extent that subsection (b) applies to the military departments, the Department of Defense, and the Coast Guard). Subject to those policies, the head of each agency shall prescribe regulations to carry out this section. (k) Settlement of a claim under this section is final and conclusive. § 3722. Claims of officers and employees at Government penal and correctional institutions (a) The Attorney General may settle and pay not more than $1,000 in any one case for a claim made by an officer or employee at a United States Government penal or correctional institution for damage to, or loss of, personal property incident to employment. (b) A claim may not be allowed under this section if the loss occurred at quarters occupied by the claimant that were not assigned or provided in kind by the Government. (c) A claim may be allowed only if— (1) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant; (2) the Attorney General decides that possession of the property was reasonable or useful under the circumstances; and (3) it is presented in writing within one year after it accrues. (d) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim. (e) Necessary amounts are authorized to be appropriated to carry out this section.

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


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Page:United States Statutes at Large Volume 96 Part 1.djvu/1017

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 975

§ 3723. Small claims for privately owned property damage or loss (a) The head of an agency (except a military department of the Department of Defense or the Coast Guard) may settle a claim for not more than $1,000 for damage to, or loss of, privately owned property that— (1) is caused by the negligence of an officer or employee of the United States Government acting within the scope of employment; and (2) may not be settled under chapter 171 of title 28. 28 USC 2671 et (b) A claim under this section may be allowed only if it is *^9 presented to the head of the agency within one year after it accrues. (c) A claim under this section may be paid as provided in section 1304 of this title only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government. § 3724. Claims for damages caused by the Federal Bureau of Investigation (a) The Attorney General may settle, for not more than $500 in any one case, a claim for personal injury, death, or damage to, or loss of, privately owned property, caused by the Director or an Assistant Director, inspector, or special agent of the Federal Bureau of Investigation acting within the scope of employment that may not be settled under chapter 171 of title 28. An officer or employee of the United States Government may not present a claim arising during the scope of employment. A claim may be allowed only if it is presented to the Attorney General within one year after it accrues. (b) The Attorney General shall certify to Congress a settlement under this section for payment out of an appropriation that may be made to pay the settlement. The Attorney General shall include a brief statement on the type of the claim, the amount claimed, and the amount of the settlement. (c) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government. § 3725. Claims of non-nationals for personal injury or death in a foreign country (a) The Secretary of State may settle, for not more than $1,500 in any one case, a claim for personal injury or death of an individual not a national of the United States in a foreign country in which the United States exercises privileges of extraterritoriality when the injury or death is caused by an officer, employee, or agent of the United States Government (except of a military department of the Department of Defense or the Coast Guard). An officer or employee of the Government may not present a claim. A claim under this section may be allowed only if it is presented to the Secretary within one year after it accrues. (b) The Secretary shall certify to Congress a settlement under this section for payment out of an appropriation that may be made to pay the settlement. The Secretary shall include a brief statement on the type of the claim, the amount claimed, and the amount of the settlement. (c) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government.

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 96 STAT. 976

49 USC

10721-10724.

Ante, p. 958.

"Assignment.

PUBLIC LAW 97-258—SEPT. 13, 1982 § 3726. Payment for transportation (a) A carrier or freight forwarder presenting a bill for transporting an individual or property for the United States Government shall be paid before the Administrator of General Services conducts an audit. A claim under this section shall be allowed only if it is received by the Administrator not later than 3 years (excluding time of war) after the later of the following dates: (1) accrual of the claim; (2) payment for the transportation is made; (3) refund for an overpayment for the transportation is made; or (4) a deduction under subsection (b) of this section is made. (b) Not later than 3 years (excluding time of war) after the time a bill is paid, the Government may deduct from an amount subsequently due a carrier or freight forwarder an amount paid on the bill that was greater than the rate allowed under— ( D a lawful tariff on file with the Interstate Commerce Commission, the Civil Aeronautics Board, the Federal Maritime Commission, or a State transportation authority; or (2) sections 10721-10724 of title 49 or an equivalent arrangement or an exemption. (c) Under regulations the head of an agency prescribes that conform with standards the Secretary of the Treasury and the Comptroller General prescribe jointly, a bill under this section may be paid before the transportation is completed notwithstanding section 3324 of this title when a carrier or freight forwarder issues the usual document for the transportation. Payment for transportation ordered but not provided may be recovered by deduction or other means. (d)(1) A carrier or freight forwarder may request the Comptroller General to review the action of the Administrator if the request is received not later than 6 months (excluding time of war) after the Administrator acts or within the time stated in subsection (a) of this section, whichever is later. (2) This section does not prevent the Comptroller General from conducting an audit under chapter 35 of this title. § 3727. Assignments of claims (a) In this section, "assignment" means— ( D a transfer or assignment of any part of a claim against the United States Government or of an interest in the claim; or (2) the authorization to receive payment for any part of the claim. (b) An assignment may be made only after a claim is allowed, the amount of the claim is decided, and a warrant for payment of the claim has been issued. The assignment shall specify the warrant, must be made freely, and must be attested to by 2 witnesses. The person making the assignment shall acknowledge it before an official who may acknowledge a deed, and the official shall certify the assignment. The certificate shall state that the official completely explained the assignment when it was acknowledged. An assignment under this subsection is valid for any purpose. (c) Subsection (b) of this section does not apply to an assignment to a financing institution of money due or to become due under a contract providing for payments totaling at least $1,000 when— (1) the contract does not forbid an assignment;

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (2) unless the contract expressly provides otherwise, the assignment— (A) is for the entire amount not already paid; (B) is made to only one party, except that it may be made to a party as agent or trustee for more than one party participating in the financing; and (C) may not be reassigned; and (3) the assignee files & written notice of the assignment and a copy of the assignment with the contracting official or the head of the agency, the surety on a bond on the contract, and any disbursing official for the contract. (d) During a war or national emergency proclaimed by the President or declared by law and ended by proclamation or law, a contract with the Department of Defense, the General Services Administration, the Department of Energy (when carrying out duties and powers formerly carried out by the Atomic Energy Commission), or other agency the President designates may provide, or may be changed without consideration to provide, that a future payment under the contract to an assignee is not subject to reduction or setoff. A payment subsequently due under the contract (even after the war or emergency is ended) shall be paid to the assignee without a reduction or setoff for liability of the assignor— (1) to the Government independent of the contract; or (2) because of renegotiation, fine, penalty (except an amount that may be collected or withheld under, or because the assignor does not comply with, the contract), taxes, social security contributions, or withholding or failing to withhold taxes or social security contributions, arising from, or independent of, the contract. (e)(1) An assignee under this section does not have to make restitution of, refund, or repay the amount received because of the liability of the assignor to the Government that arises from or is independent of the contract. (2) The Government may not collect or reclaim money paid to a person receiving an amount under an assignment or allotment of pay or allowances authorized by law when liability may exist because of the death of the person making the assignment or allotment. § 3728. Setoff against judgment (a) The Comptroller General shall withhold paying that part of a judgment against the United States Government presented to the Comptroller General that is equal to a debt the plaintiff owes the Government. (b) The Comptroller General shall— (1) discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or (2)(A) withhold payment of an additional amount the Comptroller General decides will cover legal costs of bringing a civil action for the debt if the plaintiff denies the debt or does not agree to the setoff; and (B) have a civil action brought if one has not already been brought. (c) If the Government loses a civil action to recover a debt or recovers less than the amount the Comptroller General withholds under this section, the Comptroller General shall pay the plaintiff

96 STAT. 977

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 96 STAT. 978

Penalty.

PUBLIC LAW 97-258—SEPT. 13, 1982 the balance and interest of 6 percent for the time the money is withheld. §3729. False claims A person not a member of an armed force of the United States is liable to the United States Government for a civil penalty of $2,000, an amount equal to 2 times the amount of damages the Government sustains because of the act of that person, and costs of the civil action, if the person— (1) knowingly presents, or causes to be presented, to an officer or employee of the Government or a member of an armed force a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved; (3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid; (4) has possession, custody, or control of public property or money used, or to be used, in an armed force and, intending to defraud the Government or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate or receipt; (5) authorized to make or deliver a document certifying receipt of property used, or to be used, in an armed force and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true; or (6) knowingly buys, or receives as a pledge of an obligation or debt, public property from a member of an armed force who lawfully may not sell or pledge the property. § 3730. Civil actions for false claims (a) The Attorney General diligently shall investigate a violation under section 3729 of this title. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person. The person may be arrested and bail set for an amount of not more than $2,000 and 2 times the amount of damages sworn to in an affidavit of the Attorney General. (b)(1) A person may bring a civil action for a violation of section 3729 of this title for the person and for the United States Government. The action shall be brought in the name of the Government. The district courts of the United States have jurisdiction of the action. Trial is in the judicial district within whose jurisdictional limits the person charged with a violation is found or the violation occurs. An action may be dismissed only if the court and the Attorney General give written consent and their reasons for consenting. (2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government under rule 4 of the Federal Rules of Civil Procedure (28 App. U.S.C). The Government may proceed with the action by entering an appearance by the 60th day after being notified. The person bringing the action may proceed with the action if the Government— (A) by the end of the 60-day period does not enter, or gives written notice to the court of intent not to enter, the action; or

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96 STAT. 979

(B) does not proceed with the action with reasonable diligence within 6 months after entering an appearance, or within additional time the court allows after notice. (3) If the Government proceeds with the action, the action is conducted only by the Government. The Government is not bound by an act of the person bringing the action. (4) Unless the Government proceeds with the action, the court shall dismiss an action brought by the person on discovering the action is based on evidence or information the Government had when the action was brought. (c)(1) If the Government proceeds with an action, the person bringing the action may receive an amount the court decides is reasonable for disclosing evidence or information the Government did not have when the action was brought. The amount may not be more than 10 percent of the proceeds of the action or settlement of a claim and shall be paid out of those proceeds. (2) If the Government does not proceed with an action, the person bringing the action or settling the claim may receive an amount the court decides is reasonable for collecting the civil penalty and damages. The amount may not be more than 25 percent of the proceeds of the action or settlement and shall be paid out of those proceeds. The person may also receive an amount for reasonable expenses the court finds to have been necessarily incurred and costs awarded against the defendant. id) The Government is not liable for expenses a person incurs in bringing an action under this section. § 3731. False claims procedure (a) A subpena requiring the attendance of a witness at a trial or hearing conducted under section 3730 of this title may be served at any place in the United States. (b) A civil action under section 3730 of this title must be brought within 6 years from the date the violation is committed.

SUBTITLE IV—MONEY CHAPTPR

SIPC

51. COINS AND CURRENCY 53. MONETARY TRANSACTIONS

CHAPTER 51—COINS AND CURRENCY SUBCHAPTER I-MONETARY SYSTEM Sec. 5101. Decimal system. 5102. Standard weight. 5103. Legal tender. 5111. 5112. 5113. 5114. 5115. 5116. 5117. 5118. 5119. 5120. 5121.

SUBCHAPTER II-GENERAL AUTHORITY Minting and issuing coins, medals, and numismatic items. Denominations, specifications, and design of coins. Tolerances and testing of coins. Engraving and printing currency and security documents. United States currency notes. Buying and selling gold and silver. Transferring gold and gold certificates. Gold clauses and consent to sue. Redemption and cancellation of currency. Obsolete, mutilated, and worn coins and currency. Refining, assaying, and valuation of bullion.

5101 5301

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PUBLIC LAW 97-258—SEPT. 13, 1982 Sec. 5122. Payment to depositors. SUBCHAPTER HI-BUREAU OF THE MINT 5131. Organization. 5132. Administrative. 5133. Settlement of accounts. 5141. 5142. 5143. 5144. 5151. 5152. 5153. 5154. 5155.

SUBCHAPTER IV—BUREAU OF ENGRAVING AND PRINTING Operation of the Bureau. Bureau of Engraving and Printing Fund. Payment for services. Providing impressions of portraits and vignettes. SUBCHAPTER V—MISCELLANEOUS Conversion of currency of foreign countries. Value of United States money holdings in international institutions. Counterfeit currency. State taxation. Providing engraved plates of portraits of deceased members of Congress.

SUBCHAPTER I—MONETARY SYSTEM § 5101. Decimal system United States money is expressed in dollars, dimes or tenths, cents or hundreths, and mills or thousandths. A dime is a tenth of a dollar, a cent is a hundredth of a dollar, and a mill is a thousandth of a dollar. §5102. Standard weight The standard troy pound of the National Bureau of Standards of the Department of Commerce shall be the standard used to ensure that the weight of United States coins conforms to specifications in section 5112 of this title. §5103. Legal tender United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts. Foreign gold or silver coins are not legal tender for debts. SUBCHAPTER II—GENERAL AUTHORITY § 5111. Minting and issuing coins, medals, and numismatic items (a) The Secretary of the Treasury— (1) shall mint and issue coins described in section 5112 of this title in amounts the Secretary decides are necessary to meet the needs of the United States; (2) may prepare national medal dies and strike national and other medals if it does not interfere with regular minting operations but may not prepare private medal dies; (3) may prepare and distribute numismatic items; and (4) may mint coins for a foreign country if the minting does not interfere with regular minting operations, and shall prescribe a charge for minting the foreign coins equal to the cost of the minting (including labor, materials, and the use of machinery). (b) The Department of the Treasury has a coinage metal fund and a coinage profit fund. The Secretary may use the coinage metal fund to buy metal to mint coins. The &cretary shall credit the coinage

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 PUBLIC LAW 97-258—SEPT. 13, 1982 profit fund with the amount by which the nominal value of the coins minted from the metal exceeds the cost of the metal. The Secretary shall charge the coinage profit fund with waste incurred in minting coins and the cost of distributing the coins. The Secretary shall deposit in the Treasury as miscellaneous receipts excess amounts in the coinage profit fund. (c) The Secretary may make contracts on conditions the Secretary decides are appropriate and in the public interest to acquire equipment, manufacturing facilities, patents, patent rights, technical knowledge and assistance, and materials necessary to produce rapidly an adequate supply of coins referred to in section 5112(a)(l)-(4) of this title. (d)(1) The Secretary may prohibit or limit the exportation, melting, or treatment of United States coins when the Secretary decides the prohibition or limitation is necessary to protect the coinage of the United States. (2) A person knowingly violating an order or license issued or regulation prescribed under paragraph (1) of this subsection, shall be fined not more than $10,000, imprisoned not more than 5 years, or both. (3) Coins exported, melted, or treated in violation of an order or license issued or regulation prescribed, and metal resulting from the melting or treatment, shall be forfeited to the United States Government. The powers of the Secretary and the remedies available to enforce forfeitures are those provided in part II of subchapter C of chapter 75 of the Internal Revenue Code of 1954 (26 U.S.C. 7321 et seq.). § 5112. Denominations, specifications, and design of coins (a) The Secretary of the Treasury may mint and issue only the following coins: (1) a dollar coin that is 1.043 inches in diameter and weighs 8.1 grams. (2) a half dollar coin that is 1.205 inches in diameter and weighs 11.34 grams. (3) a quarter dollar coin that is 0.955 inch in diameter and weighs 5.67 grams. (4) a dime coin that is 0.705 inch in diameter and weighs 2.268 grams. (5) a 5-cent coin that is 0.835 inch in diameter and weighs 5 grams. (6) except as provided under subsection (c) of this section, a one-cent coin that is 0.75 inch in diameter and weighs 3.11 grams. (b) The dollar, half dollar, quarter dollar, and dime coins are clad coins with 3 layers of metal. The 2 identical outer layers are an alloy of 75 percent copper and 25 percent nickel. The inner layer is copper. The outer layers are metallurgically bonded to the inner layer and weigh at least 30 percent of the weight of the coin. The 5-cent coin is an alloy of 75 percent copper and 25 percent nickel. In minting 5-cent coins, the Secretary shall use bars that vary not more than 2.5 percent from the percent of nickel required. Except as provided under subsection (c) of this section, the one-cent coin is an alloy of 95 percent copper and 5 percent zinc. The specifications for alloys are by weight. (c) The Secretary may prescribe the weight and the composition of copper and zinc in the alloy of the one-cent coin that the Secretary

96 STAT. 981

Contract authority.

Penalty.

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 96 STAT. 982

5 USC 3109.

PUBLIC LAW 97-258—SEPT. 13, 1982 decides are appropriate when the Secretary decides that a different weight and alloy of copper and zinc are necessary to ensure an adequate supply of one-cent coins to meet the needs of the United States. (d)(1) United States coins have the inscription "In God We Trust". The obverse side of each coin has the inscription "Liberty". The reverse side of each coin has the inscriptions "United States of America" and "E Pluribus Unum" and a designation of the value of the coin. The design on the reverse side of the dollar, half dollar, and quarter dollar is an eagle. The eagle on the reverse side of the dollar is the symbolic eagle of Apollo 11 landing on the moon. The obverse side of the dollar has the likeness of Susan B. Anthony. The coins have an inscription of the year of minting or issuance. However, to prevent or alleviate a shortage of a denomination, the Secretary may inscribe coins of the denomination with the year that was last inscribed on coins of the denomination. (2) The Secretary shall prepare the devices, models, hubs, and dies for coins, emblems, devices, inscriptions, and designs authorized under this chapter. The Secretary may adopt and prepare new designs or models of emblems or devices that are authorized in the same way as when new coins or devices are authorized. The Secretary may change the design or die of a coin only once within 25 years of the first adoption of the design, model, hub, or die for that coin. The Secretary may procure services under section 3109 of title 5 in carrying out this paragraph. (e) Notwithstanding section 5111(a)(1) of this title and subsections (a) and (b) of this section, the Secretary may mint and issue not more than 150,000,000 dollar coins that— (1) are 1.5 inches in diameter and weigh 24.592 grams; (2) have 2 identical outer layers of an alloy of 80 percent silver and 20 percent copper that are metallurgically bonded to an inner layer of an alloy of silver and copper; (3) contain 9.837 grams of silver and 14.755 grams of copper; (4) have the likeness of Dwight David Eisenhower on the obverse side; (5) have the inscription of a year decided by the Secretary; and (6) except as provided in this paragraph, have the inscriptions and designs provided for the dollar in subsection (d)(1) of this section. (f)(1) Notwithstanding this section and section 5111(a)(1) of this title, the Secretary shall mint and issue, in quantities the Secretary decides are necessary to meet public demand (but not more than 10,000,000) half dollar coins that— (A) are 30.61 millimeters in diameter and weigh 12.5 grams; (B) are an alloy of 90 percent silver and 10 percent copper; (C) have a design on each side of the coin, decided by the Secretary, symbolizing the two hundred and fiftieth anniversary of the birth of George Washington; and (D) have a designation of the value of the coin and an inscription of the year "1982" and the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (2) The Secretary shall sell the coins minted under this subsection to the public at a price equal to the cost of minting and distributing the coins (including labor, materials, dies, use of machinery, promotion, and overhead expenses) plus a surcharge of not more than 20 percent of the cost. The Secretary shall deposit an amount equal to

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the surcharge received under this paragraph in the Treasury to be used only to reduce the national debt. (3) The Secretary may not mint coins under this subsection after December 31, 1983. (4) Amounts necessary to carry out this subsection may be appropriated. § 5113. Tolerances and testing of coins (a) The Secretary of the Treasury may prescribe reasonable manufacturing tolerances for specifications in section 5112 of this title (except for specifications that are limits) for the dollar, half dollar, quarter dollar, and dime coins. The weight of the 5-cent coin may vary not more than 0.194 gram. The weight of the one-cent coin may vary not more than 0.13 gram. Ob) The Secretary shall keep a record of the kind, number, and weight of each group of coins minted and test a number of the coins separately to determine if the coins conform to the weight specified in section 5112(a) of this title. If the coins tested do not conform, the Secretary— (1) shall weigh each coin of the group separately and deface the coins that do not conform and cast them into bars for reminting; or (2) may remelt the group of coins. § 5114. Engraving and printing currency and security documents (a) The Secretary of the Treasury shall engrave and print United States currency and bonds of the United States Government and currency and bonds of United States territories and possessions from intaglio plates on plate printing presses the Secretary selects. However, other security documents and checks may be printed by any process the Secretary selects. Engraving and printing shall be carried out within the Department of the Treasury if the Secretary decides the engraving and printing can be carried out as cheaply, perfectly, and safely as outside the Department. (b) United States currency has the inscription "In God We Trust" in a place the Secretary decides is appropriate. Only the portrait of a deceased individual may appear on United States currency and securities. The name of the individual shall be inscribed below the portrait. (c) The Secretary may make a contract for a period of not more Contract than 4 years to manufacture distinctive paper for United States authority, currency and securities. To promote competition among manufacturers of the distinctive paper, the Secretary may split the award for the manufacture of the paper between the 2 bidders with the lowest prices a pound. When the Secretary decides that it is necessary to operate more than one mill to manufacture distinctive paper, the Secretary may— (1) employ individuals temporarily at rates of pay equivalent to the rates of pay of regular employees; and (2) charge the pay of the temporary employees to the appropriation available for manufacturing distinctive paper. §5115. United States currency notes (a) The Secretary of the Treasury may issue United States currency notes. The notes— (1) are payable to bearer; and

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PUBLIC LAW 97-258—SEPT. 13, 1982 (2) shall be in a form and in denominations of at least one dollar that the Secretary prescribes, (b) The amount of United States currency notes outstanding and in circulation— (1) may not be more than $300,000,000; and (2) may not be held or used for a reserve. § 5116. Buying and selling gold and silver (a)(1) With the approval of the President, the Secretary of the Treasury may— (A) buy and sell gold in the way, in amounts, at rates, and on conditions the Secretary considers most advantageous to the public interest; and (B) buy the gold with any direct obligations of the United States Government or United States coins and currency authorized by law, or with amounts in the Treasury not otherwise appropriated. (2) Amounts received from the purchase of gold are an asset of the general fund of the Treasury. Amounts received from the sale of gold shall be deposited in the general fund of the Treasury. (b)(l) The Secretary shall buy silver mined from natural deposits in the United States, or in a territory or possession of the United States, that is brought to a United States mint or assay office within one year after the month in which the ore from which it is derived was mined. The Secretary shall pay $1.25 a fine troy ounce for the silver. The Secretary may use the coinage metal fund under section 5111(b) of this title to buy silver under this subsection. (2) The Secretary may sell or use Government silver to mint coins, except silver transferred to stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). The Secretary shall sell silver under conditions the Secretary considers appropriate for at least $1.292929292 a fine troy ounce. § 5117. Transferring gold and gold certificates (a) All right, title, and interest, and every claim of the Board of Governors of the Federal Reserve System, a Federal reserve bank, and a Federal reserve agent, in and to gold is transferred to and vests in the United States Government to be held in the Tresisury. Payment for the transferred gold is made by crediting equivalent amounts in dollars in accounts established in the Treasury under the 15th paragraph of section 16 of the Federal Reserve Act (12 U.S.C. 467). Gold not in the possession of the Government shall be held in custody for the Government and delivered on the order of the Secretary of the Treasury. The Board of Governors, Federal reserve banks, and Federal reserve agents shall give instructions and take action necessary to ensure that the gold is so held and delivered. (b) The Secretary shall issue gold certificates against gold transferred under subsection (a) of this section. The Secretary may issue gold certificates against other gold held in the Treasury. The Secretary may prescribe the form and denominations of the certificates. The amount of outstanding certificates may be not more than the value (for the purpose of issuing those certificates, of 42 and twoninths dollars a fine troy ounce) of the gold held against gold certificates. The Secretary shall hold gold in the Treasury equal to the required dollar amount as security for gold certificates issued after January 29, 1934.

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96 STAT. 985

(c) With the approval of the President, the Secretary may prescribe regulations the Secretary considers necessary to carry out this section. § 5118. Gold clauses and consent to sue (a) In this section— Definitions. (1) "gold clause" means a provision in or related to an obligation alleging to give the obligee a right to require payment in— (A) gold; (B) a particular United States coin or currency; or (C) United States money measured in gold or a particular United States coin or currency. (2) "public debt obligation" means a domestic obligation issued or guaranteed by the United States Government to repay money or interest. (b) The United States Government may not pay out or deliver any gold coin. A person lawfully holding United States coins and currency may present the coins and currency to the Secretary of the Treasury for exchange (dollar for dollar) for other United States coins and currency that may be lawfully held. The Secretary shall make the exchange under regulations prescribed by the Secretary. (c)(1) The Government withdraws its consent given to anyone to assert against the Government, its agencies, or its officers, employees, or agents, a claim— (A) on a gold clause public debt obligation or interest on the obligation; (B) for United States coins or currency; or (C) arising out of the surrender, requisition, seizure, or acquisition of United States coins or currency, gold, or silver involving the effect or validity of a change in the metallic content of the dollar or in a regulation about the value of money. (2) Paragraph (1) of this subsection does not apply to a proceeding in which no claim is made for payment or credit in an amount greater than the face or nominal value in dollars of public debt obligations or United States coins or currency involved in the proceeding. (3) Except when consent is not withdrawn under this subsection, an amount appropriated for payment on public debt obligations and for United States coins and currency may be expended only dollar for dollar. (d)(1) In this subsection, "obligation" means any obligation (except "Obligation.' United States currency) payable in United States money. (2) An obligation issued containing a gold clause or governed by a gold clause is discharged on payment (dollar for dollar) in United States coin or currency that is legal tender at the time of payment. This paragraph does not apply to an obligation issued after October 27, 1977. § 5119. Redemption and cancellation of currency (a) Except to the extent authorized in regulations the Secretary of the Treasury prescribes with the approval of the President, the Secretary may not redeem United States currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) in gold. However, the Secretary shall redeem gold certificates owned by the Federal reserve banks at times and in amounts the Secretary decides are necessary to maintain the equal purchasing power of each kind of United States currency. When

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 96 STAT. 986

PUBLIC LAW 97-258—SEPT. 13, 1982 redemption in gold is authorized, the redemption may be made only in gold bullion bearing the stamp of a United States mint or assay office in an amount equal at the time of redemption to the currency presented for redemption. (b)(1) Except as provided in subsection (c)(1) of this section, the following are public debts bearing no interest: (A) gold certificates issued before January 30, 1934.

31 USC 913.

(C) notes issued under the Act of July 14, 1890 (ch. 708, 26 Stat. 289). (D) Federal Reserve notes for which payment was made under section 4 of the Old Series Currency Adjustment Act. (E) United States currency notes, including those issued under section 1 of the Act of February 25, 1862 (ch. 33, 12 Stat. 345), the Act of July 11, 1862 (ch. 142, 12 Stat. 532), the resolution of January 17, 1863 (P.R. 9; 12 Stat. 822), section 2 of the Act of March 3, 1863 (ch. 73, 12 Stat. 710), or section 5115 of this title. (2) The Secretary shall redeem from the general fund of the Treasury and cancel and destroy currency referred to in paragraph (1) of this subsection when the currency is presented to the Secretary. (c)(1) The Secretary may determine the amount of the following United States currency that will not be presented for redemption because the currency has been destroyed or irretrievably lost: (A) circulating notes of Federal reserve banks and national banks issued before July 1, 1929, for which the United States Government has assumed liability. (B) outstanding currency referred to in subsection (b)(1) of this section. (2) When the Secretary makes a determination under this subsection, the Secretary shall reduce the amount of that currency outstanding by the amount the Secretary determines will not be redeemed and credit the appropriate receipt account. (d) To provide a historical collection of United States currency, the Secretary may withhold from cancellation and destruction and transfer to a special account one piece of each design, issue, or series of each denomination of each kind of currency (including circulating notes of Federal reserve banks and national banks) after redemption. The Secretary may make appropriate entries in Treasury accounts because of the transfers. § 5120. Obsolete, mutilated, and worn coins and currency (a)(1) The Secretary of the Treasury shall melt obsolete and worn United States coins withdrawn from circulation. The Secretary may use the metal from melting the coins for reminting or may sell the metal. The Secretary shall account for the following in the coinage metal fund under section 5111(b) of this title: (A) obsolete and worn coins and the metal from melting the coins. (B) proceeds from the sale of the metal. (C) losses incurred in the sale of the metal. (D) losses incurred because of the difference between the face value of the coins melted and the coins minted from the metal. (2) The Secretary shall reimburse the coinage metal fund for losses under paragraph (1)(C) and (D) of this subsection out of amounts in the coinage profit fund under section 5111(b) of this title.

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (b) The Secretary shall— (1) cancel and destroy (by a secure process) obsolete, mutilated, and worn United States currency withdrawn from circulation; and (2) dispose of the residue of the currency and notes. (c) The Comptroller General shall audit the cancellation and destruction of United States currency and the accounting of the cancellation and destruction. Records the Comptroller General considers necessary to make an effective audit easier shall be made available to the Comptroller General. § 5121. Refining, assaying, and valuation of bullion (a) The Secretary of the Treasury shall— (1) melt and refine bullion; (2) as required, assay coins, metal, and bullion; (3) cast gold and silver bullion deposits into bars; and (4) cast alloys into bars for minting coins. (b) A person owning gold or silver bullion may deposit the bullion with the Secretary to be cast into fine, standard fineness, or unrefined bars weighing at least 5 troy ounces. When practicable, the Secretary shall weigh the bullion in front of the depositor. The Secretary shall give the depositor a receipt for the bullion stating the description and weight of the bullion. When the Secretary has to melt the bullion or remove base metals before the value of the bullion can be determined, the weight is the weight after the melting or removal of the metals. The Secretary may refuse a deposit of gold bullion if the deposit is less than $100 in value or the bullion is so base that it is unsuitable for the operations of the Bureau of the Mint. (c) When the gold and silver are combined in bullion that is deposited and either the gold or silver is so little that it cannot be separated economically, the Secretary may not pay the depositor for the gold or silver that cannot be separated. (d)(1) Under conditions prescribed by the Secretary, a person may exchange unrefined bullion for fine bars when— (A) gold and silver are combined in the bullion in proportions that cannot be economically refined; or (B) necessary supplies of acids cannot be procured at reasonable rates. (2) The charge for refining in an exchange under this subsection may be not more than the charge imposed in an exchange of unrefined bullion for refined bullion. (e) The Secretary shall prepare bars for payment of deposits. The Secretary shall stamp each bar with a designation of the weight and fineness of the bar and a symbol the Secretary considers suitable to prevent fraudulent imitation of the bar. § 5122. Payment to depositors (a) The Secretary of the Treasury shall determine the fineness, weight, and value of each deposit and bar under section 5121 of this title. The value and the amount of charges under subsection (b) of this section shall be based on the fineness and weight of the bullion. The Secretary shall give the depositor a statement of the charges and the net amount of the deposit to be paid in money or bars of the same species of bullion as that deposited.

96 STAT. 987

Audit.

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 96 STAT. 988

PUBLIC LAW 97-258—SEPT. 13, 1982 (b) The Secretary shall impose a charge equal to the average cost of material, labor, waste, and use of machinery of a United States mint or assay office for— (1) melting and refining bullion; (2) using copper as an alloy when bullion deposited is above standard; (3) separating gold and silver combined in the bullion; and (4) preparing bars. (c) The Secretary shall pay to the depositor or to a person designated by the depositor money or bars equivalent to the bullion deposited as soon as practicable after the value of the deposit is determined. If demanded, the Secretary shall pay depositors in the order in which the bullion is deposited with the Secretary. However, when there is an unavoidable delay in determining the value of a deposit, the Secretary shall pay subsequent depositors. When practicable and convenient, the Secretary shall pay depositors in the denominations requested by the depositor. After the depositor is paid, the bullion is the property of the United States Government. (d) To allow the Secretary to pay depositors with as little delay as possible, the Secretary shall keep in the mints and assay offices, when possible, money and bullion the Secretary decides are convenient and necessary.

SUBCHAPTER III—BUREAU OF THE MINT § 5131. Organization (a) The Bureau of the Mint has— (1) a United States mint at Philadelphia, Pennsylvania. (2) a United States mint at Denver, Colorado. (3) a United States assay office at New York, New York. (4) a United States assay office at San Francisco, California. (b) The Secretary of the Treasury shall carry out duties and powers related to refining and assaying bullion, minting coins, striking medals, and numismatic items at the mints and assay offices, except that only bars may be made at the assay offices. However, until the Secretary decides that the mints are adequate for minting and striking an ample supply of coins and medals, the Secretary may use any facility of the Bureau to mint coins and strike medals and to store coins and medals. (c) Each mint and the assay office at New York have a superintendent and an assayer appointed by the President, by and with the advice and consent of the Senate. The mint at Philadelphia has an engraver appointed by the President, by and with the advice and consent of the Senate. (d) Laws on mints, officers and employees of mints, and punishment of offenses related to mints and minting coins apply to sissay offices, as applicable. (e) The Secretary shall operate, maintain, and have custody of, the mint at Philadelphia. However, the Administrator of General Services shall make repairs and improvements to the mint. § 5132. Administrative (a)(1) Except as provided in this chapter, the Secretary of the Treasury shall deposit in the Treasury as miscellaneous receipts amounts the Secretary receives from the operations of the Bureau of the Mint. However, amounts from numismatic items shall be reim-

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 PUBLIC LAW 97-258—SEPT. 13, 1982 bursed to the current appropriation used to pay the cost of preparing and selling the items. The Secretary may not use amounts the Secretary receives from profits on minting coins or from charges on gold or silver bullion under section 5122 of this title to pay officers and employees. The Secretary shall pay the costs of the mints and assay offices not provided for in this subsection out of appropriations. (2) Not more than $54,706,000 may be appropriated to the Secretary for the fiscal year ending September 30, 1982, to pay costs of the mints and assay offices. (b) To the extent the Secretary decides is necessary, the Secretary may use amounts received from depositors for refining bullion and the proceeds from the sale of byproducts (including spent acids from surplus bullion recovered in refining processes) to pay the costs of refining the bullion (including labor, material, waste, and loss on the sale of sweeps). The Secretary may not use amounts appropriated for the mints and assay offices to pay those costs. (c) The Secretary shall make an annual report at the end of each fiscal year on the operation of the Bureau. §5133. Settlement of accounts (a) The Secretary of the Treasury shall— (1) charge the superintendent of each mint and the assay office at New York and the officer in charge of the assay office at San Francisco with the amount in weight of standard metal of bullion the superintendent or officer receives from the Secretary; (2) credit each superintendent and the officer with the amount in weight of coins, clippings, and other bullion the superintendent or officer returns to the Secretary; and (3) charge separately to each superintendent and the officer, who shall account for, copper to be used in the alloy of gold and silver bullion. (b) At least once a year, the Secretary shall settle the accounts of the superintendents and the officer in charge. At settlement, each superintendent and the officer shall return to the Secretary coins, clippings, and other bullion in their possession with a statement of bullion received and returned since the last settlement (including bullion returned for settlement). The Secretary shall— (1) audit the accounts and statements of each superintendent and the officer; (2) allow each superintendent the waste of precious metals, within limitations prescribed by the Secretary, that the Secretary decides is necessary for refining and minting; and (3) allow the officer the waste, within the limitations prescribed for refining, that the Secretary decides is necessary in casting fine gold and silver bars, except that the waste allowance may not apply to deposit operations. (c) After settlement, the Secretary shall compare the amount of gold and silver bullion and coins on hand with the total liabilities of the mints and assay offices. The Secretary also shall make a statement of the ordinary expense account. (d) The Secretary shall procure for each mint and assay office a series of standard weights corresponding to the standard troy pound of the National Bureau of Standards of the Department of Commerce. The series shall include a one pound weight and multiples and subdivisions of one pound from.01 grain to 25 pounds. At least

96 STAT. 989

Limitation.

Annual report.

Audit.

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 96 STAT. 990

PUBLIC LAW 97-258—SEPT. 13, 1982 once a year, the Secretary shall test the weights normally used in transactions at the mints and assay offices against the standard weights. SUBCHAPTER IV—BUREAU OF ENGRAVING AND PRINTING

Annual budget, President ^

Pay rate.

§5141. Operation of the Bureau (a) The Secretary of the Treasury shall prepare and submit to the President an annual business-type budget for the Bureau of Engraving and Printing. (b)(1) The Secretary shall maintain in the Bureau an integrated accounting system with internal controls that— (A) ensures adequate control over assets and liabilities of the Bureau of Engraving and Printing Fund described in section 5142 of this title; (B) develops accurate production costs to enable the Bureau to recover those costs on the basis of the work requisitioned; (C) provides for replacement of capitalized equipment and other fixed assets by maintaining adequate depreciation reserves based on original cost or appraised values; (D) discloses the financial condition and operations of the Fund on an accrual basis of accounting; and (E) provides information for the prior fiscal year on the annual budget of the Bureau. (2) The accounting system shall conform to principles and standards prescribed by the Comptroller General to carry out this subsection. The Comptroller General may review the system to ensure conformity to the principles and standards and its effectiveness of operation. (c) An officer or employee in the clerical-mechanical service of the Bureau assigned to an established shift or tour of duty at least half of which occurs between 6 p.m. and 6 a.m. is entitled to pay for the regular 40-hour week (except when on leave) at a rate of pay 15 percent higher than the day rate for the same work. § 5142. Bureau of Engraving and Printing Fund (a) The Department of the Treasury has a Bureau of Engraving and Printing Fund. Amounts— (1) in the Fund are available to operate the Bureau of Engraving and Printing; (2) in the Fund remain available until expended; and (3) may be appropriated to the Fund. (b) The Fund consists of— (1) property and physical assets (except buildings and land) acquired by the Bureau; (2) all amounts received by the Bureau; and (3) proceeds from the disposition of property and assets acquired by the Fund. (c) The capital of the Fund consists of— (1) amounts appropriated to the Fund; (2) physical assets of the Bureau (except buildings and land) as of the close of business June 30, 1951; and (3) all payments made after June 30, 1974, under section 5143 of this title at prices adjusted to permit buying capital equipment and to provide future working capital.

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96 STAT. 991

(d) The Secretary shall deposit each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing to the Fund in the prior fiscal year that the Secretary decides are in excess of the needs of the Fund. However, the Secretary may use the excess amounts to restore capital of the Fund reduced by the difference between the charges for services of the Bureau and the cost of providing those services. (e) The Secretary shall maintain a special deposit account in the Treasury for the Fund. The Secretary shall credit the account with amounts appropriated to the Fund and receipts of the Bureau without depositing the receipts in the Treasury as miscellaneous receipts. § 5143. Payment for services The Secretary of the Treasury shall impose charges for Bureau of Engraving and Printing services the Secretary provides to an agency. The charges shall be in amounts the Secretary considers adequate to cover the costs of the services (including administrative costs related to providing the services). The agency shall pay promptly bills submitted by the Secretary. § 5144. Providing impressions of portraits and vignettes The Secretary of the Treasury may provide impressions from an engraved portrait or vignette in the possession of the Bureau of Engraving and Printing. An impression shall be provided— (1) at the request of— (A) a member of Congress; (B) a head of an agency; (C) an art association; or (D) a library; and (2) for a charge and under conditions the Secretary decides are necessary to protect the public interest. SUBCHAPTER V—MISCELLANEOUS § 5151. Conversion of currency of foreign countries (a) In this section— (1) "buying rate" means the buying rate in the market in New York, New York, for cable transfers payable in the currency of a foreign country to be converted. (2) when merchandise is exported on a day that banks are generally closed in New York, the buying rate at noon on the last prior business day is deemed to be the buying rate at noon on the day the merchandise is exported. (b) The value of coins of a foreign country expressed in United States money is the value of the pure metal of the standard coin of the foreign country. The Secretary of the Treasury shall estimate the values of standard coins of the country quarterly and publish the values on the first day of January, April, July, and October of each year. (c) Except as provided in this section, conversion of currency of a foreign country into United States currency for assessment and collection of duties on merchandise imported into the United States shall be made at values published by the Secretary under subsection (b) of this section for the quarter in which the merchandise is exported.

"Buying rate."

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 96 STAT. 992

PUBLIC LAW 97-258—SEPT. 13, 1982 (d) If the Secretary has not published a value for the quarter in which the merchandise is exported, or if the value published by the Secretary varies by at least 5 percent from a value measured by the buying rate at noon on the day the merchandise is exported, the conversion of the currency of the foreign country shall be made at a value— (1) equal to the buying rate at noon on the day the merchandise is exported; or (2) prescribed by regulation of the Secretary for the currency that is equal to the first buying rate certified for that currency by the Federal Reserve Bank of New York under subsection (e) of this section in the quarter in which the merchandise is exported, but only if the buying rate at noon on the day the merchandise is exported varies less than 5 percent from the buying rate first certified. (e) The Federal Reserve Bank of New York shall decide the buying rate and certify the rate to the Secretary. The Secretary shall publish the rate at times and to the extent the Secretary considers necessary. In deciding the buying rate, the Bank may— (1) consider the last ascertainable transactions and quotations (direct or through exchange of other currencies); and (2) if there is no buying rate, calculate the rate from— (A) actual transactions and quotations in demand or time bills of exchange; or (B) the last ascertainable transactions and quotations outside the United States in or for exchange payable in United States currency or foreign currency. § 5152. Value of United States money holdings in international institutions The Secretary of the Treasury shall maintain the value in terms of gold of the holdings of United States money of the International Bank for Reconstruction and Development, the Inter-American Development Bank, the International Development Association, and the Asian Development Bank to the extent provided in the articles of agreement of those institutions. Amounts necessary to maintain the value may be appropriated. Amounts appropriated under this section remain available until expended. § 5153. Counterfeit currency Disbursing officials of the United States Government and officers of national banks shall stamp or mark the word "counterfeit", "altered", or "worthless" on counterfeit notes intended to circulate as currency that are presented to them. An official or officer wrongfully stamping or marking an item of genuine United States currency (including a Federal reserve note or a circulating note of Federal reserve banks and national banks) shall redeem the currency at face value when presented. § 5154. State taxation A State or a territory or possession of the United States may tax United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) as money on hand or on deposit in the same way and at the same rate that the State, territory, or possession taxes United States coins and currency circulating within its jurisdiction. This section does not affect a law taxing national banks.

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 PUBLIC LAW 97-258—SEPT. 13, 1982 § 5155. Providing engraved plates of portraits of deceased members of Congress On conditions the Secretary of the Treasury decides, the Secretary may send an engraved ^late of a portrait of a deceased Senator or Representative to an heir or legal representative of such a Senator or Representative. CHAPTER 53—MONETARY TRANSACTIONS SUBCHAPTER I—CREDIT AND MONETARY EXPANSION Sec. 5301. Buying obligations of the United States Government. 5302. Stabilizing exchange rates and arrangements. 5303. Reserved coins and currencies of foreign countries. 5304. Regulations. SUBCHAPTER II—RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS 5311. Declaration of purpose. 5312. Definitions and application. 5313. Reports on domestic coins and currency transactions. 5314. Records and reports on foreign financial agency transactions. 5315. Reports on foreign currency transactions. 5316. Reports on exporting and importing monetary instruments. 5317. Search and forfeiture of monetary instruments. 5318. Compliance and exemptions. 5319. Availability of reports. 5320. Injunctions. 5321. Civil penalties. 5322. Criminal penalties.

SUBCHAPTER I—CREDIT AND MONETARY EXPANSION § 5301. Buying obligations of the United States Government (a) The President may direct the Secretary of the Treasury to make an agreement with the Federal reserve banks and the Board of Governors of the Federal Reserve System when the President decides that the foreign commerce of the United States is affected adversely because— (1) the value of coins and currency of a foreign country compared to the present standard value of gold is depreciating; (2) action is necessary to regulate and maintain the parity of United States coins and currency; (3) an economic emergency requires an expansion of credit; or (4) an expansion of credit is necessary so that the United States Government and the governments of other countries can stabilize the value of coins and currencies of a country. (b) Under an agreement under subsection (a) of this section, the Board shall permit the banks (and the Board is authorized to permit the banks notwithstanding another law) to agree that the banks will— (1) conduct through each entire specified period open market operations in obligations of the United States Government or corporations in which the Government is the majority stockholder; and (2) buy directly and hold an additional $3,000,000,000 of obligations of the Government for each agreed period, unless the Secretary consents to the sale of the obligations before the end of the period.

96 STAT. 993

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 96 STAT. 994

PUBLIC LAW 97-258—SEPT. 13, 1982 (c) With the approval of the Secretary, the Board may require Federal reserve banks to take action the Secretary and Board consider necessary to prevent unreasonable credit expansion.

Reports to President and Congress.

§ 5302. Stabilizing exchange rates and arrangements (a)(1) The Department of the Treasury has a stabilization fund. The fund is available to carry out this section, section 18 of the Bretton Woods Agreement Act (22 U.S.C. 286e-3), and section 3 of the Special Drawing Rights Act (22 U.S.C. 286o), and for investing in obligations of the United States Government those amounts in the fund the Secretary of the Treasury, with the approval of the President, decides are not required at the time to carry out this section. Proceeds of sales and investments, earnings, and interest shall be paid into the fund and are available to carry out this section. However, the fund is not available to pay administrative expenses. (2) Subject to approval by the President, the fund is under the exclusive control of the Secretary, and may not be used in a way that direct control and custody pass from the President and the Secretary. Decisions of the Secretary are final and may not be reviewed by another officer or employee of the Government. (b) Consistent with the obligations of the Government in the International Monetary Fund on orderly exchange arrangements and a stable system of exchange rates, the Secretary or an agency designated by the Secretary, with the approval of the President, may deal in gold, foreign exchange, and other instruments of credit and securities the Secretary considers necessary. However, a loan or credit to a foreign entity or government of a foreign country may be made for more than 6 months in any 12-month period only if the President gives Congress a written statement that unique or emergency circumstances require the loan or credit be for more than 6 months. (c)(1) By the 30th day after the end of each month, the Secretary shall give the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a detailed financial statement on the stabilization fund showing all agreements made or renewed, all transactions occurring during the month, and all projected liabilities. (2) The Secretary shall report each year to the President and Congress on the operation of the fund. (d) A repayment of any part of the first subscription payment of the Government to the International Monetary Fund, previously paid from the stabilization fund, shall be deposited in the Treasury as a miscellaneous receipt. § 5303. Reserved coins and currencies of foreign countries An agency may use coins and currencies of a foreign country the United States Government holds that are or may be reserved for a specific program or activity of an agency. The agency shall reimburse the Treasury from appropriations and shall replace the coins and currencies when they are needed for the program or activity for which they were reserved originally. §5304. Regulations With the approval of the President, the Secretary of the Treasury may prescribe regulations— (1) to carry out section 5301 of this title; and

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (2) the Secretary considers necessary to carry out section 5302 of this title. SUBCHAPTER II—RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS §5311. Declaration of purpose It is the purpose of this subchapter (except section 5315) to require certain reports or records where they have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. § 5312. Dennitions and application (a) In this subchapter— (1) "financial agency" means a person acting for a person (except for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member) as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, or a transaction in money, credit, securities, or gold. (2) "financial institution" means— (A) an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h))); (B) a commercial bank or trust company; (C) a private banker; (D) an agency or branch of a foreign bank in the United States; (E) an insured institution (as defined in section 401(a) of the National Housing Act (12 U.S.C. 1724(a))); (F) a thrift institution; (G) a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.); (H) a broker or dealer in securities or commodities; (I) an investment banker or investment company; (J) a currency exchange; (K) an issuer, redeemer, or cashier of travelers' checks, checks, money orders, or similar instruments; (L) an operator of a credit card system; (M) an insurance company; (N) a dealer in precious metals, stones, or jewels; (O) a pawnbroker; (P) a loan or finance company; (Q) a travel agency; (R) a licensed sender of money; (S) a telegraph company; (T) an agency of the United States Government or of a State or local government carrying out a duty or power of a business described in this clause (2); or (U) another business or agency carrying out a similar, related, or substitute duty or power the Secretary of the Treasury prescribes. (3) "monetary instruments" means— (A) United States coins and currency; and

96 STAT. 995

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 96 STAT. 996

1 USC 1.

PUBLIC LAW 97-258—SEPT. 13, 1982 (B) as the Secretary may prescribe by regulation, coins and currency of a foreign country, travelers' checks, bearer negotiable instruments, bearer investment securities, bearer securities, stock on which title is passed on delivery, and similar material. (4) "person", in addition to its meaning under section 1 of title 1, includes a trustee, a representative of an estate and, when the Secretary prescribes, a governmental entity. (5) "United States" means the States of the United States, the District of Columbia, and, when the Secretary prescribes by regulation, the Commonwealth of Puerto Rico, a territory or possession of the United States, or a military or diplomatic establishment. (b) In this subchapter— (1) "domestic financial agency" and "domestic financial institution" apply to an action in the United States of a financial agency or institution. (2) "foreign financial agency" and "foreign financial institution" apply to an action outside the United States of a financial agency or institution. § 5313. Reports on domestic coins and currency transactions (a) When a domestic financial institution is involved in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes), in an amount, denomination, or amount and denomination, or under circumstances the Secretary prescribes by regulation, the institution and any other participant in the transaction the Secretary may prescribe shall file a report on the transaction at the time and in the way the Secretary prescribes. A participant acting for another person shall make the report as the agent or bailee of the person and identify the person for whom the transaction is being made. (b) The Secretary may designate a domestic financial institution as an agent of the United States Government to receive a report under this section. However, the Secretary may designate a domestic financial institution that is not insured, chartered, examined, or registered as a domestic financial institution only if the institution consents. The Secretary may suspend or revoke a designation for a violation of this subchapter or a regulation under this subchapter (except a violation of section 5315 of this title or a regulation prescribed under section 5315), section 411 of the National Housing Act (12 U.S.C. 1730d), or section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b). (c)(1) A person (except a domestic financial institution designated under subsection (b) of this section) required to file a report under this section shall file the report— (A) with the institution involved in the transaction if the institution was designated; (B) in the way the Secretary prescribes when the institution was not designated; or (C) with the Secretary. (2) The Secretary shall prescribe— (A) the filing procedure for a domestic financial institution designated under subsection (b) of this section; and (B) the way the institution shall submit reports filed with it.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1039

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 997

§ 5314. Records and reports on foreign Hnancial agency transactions (a) Considering the need to avoid impeding or controlling the export or import of monetary instruments and the need to avoid burdening unreasonably a person making a transaction with a foreign financial agency, the Secretary of the Treasury shall require a resident or citizen of the United States or a person in, and doing business in, the United States, to keep records, file reports, or keep records and file reports, when the resident, citizen, or person makes a transaction or maintains a relation for any person with a foreign financial agency. The records and reports shall contain the following information in the way and to the extent the Secretary prescribes: (1) the identity and address of participants in a transaction or relationship. (2) the legal capacity in which a participant is acting. (3) the identity of real parties in interest. (4) a description of the transaction. (b) The Secretary may prescribe— (1) a reasonable classification of persons subject to or exempt from a requirement under this section or a regulation under this section; (2) a foreign country to which a requirement or a regulation under this section applies if the Secretary decides applying the requirement or regulation to all foreign countries is unnecessary or undesirable; (3) the magnitude of transactions subject to a requirement or a regulation under this section; (4) the kind of transaction subject to or exempt from a requirement or a regulation under this section; and (5) other matters the Secretary considers necessary to carry out this section or a regulation under this section. (c) A person shall be required to disclose a record required to be kept under this section or under a regulation under this section only as required by law. § 5315. Reports on foreign currency transactions (a) Congress finds that— (1) moving mobile capital can have a significant impact on the proper functioning of the international monetary system; (2) it is important to have the most feasible current and complete information on the kind and source of capital flows, including transactions by large United States businesses and their foreign affiliates; and (3) additional authority should be provided to collect information on capital flows under section 5(b) of the Trading With the Enemy Act (50 App. U.S.C. 5(b)) and section 8 of the Bretton Woods Agreement Act (22 U.S.C. 286f). (b) In this section, "United States person" and "foreign person controlled by a United States person" have the same meanings given those terms in section 7(f)(2)(A) and (C), respectively, of the Securities and Exchange Act of 1934 (15 U.S.C. 78g(f)(2)(A), (O). (c) The Secretary of the Treasury shall prescribe regulations Regulations, consistent with subsection (a) of this section requiring reports on foreign currency transactions conducted by a United States person or a foreign person controlled by a United States person. The regulations shall require that a report contain information and be

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1040

 96 STAT. 998

PUBLIC LAW 97-258—SEPT. 13, 1982 submitted at the time and in the way, with reasonable exceptions and classifications, necessary to carry out this section. § 5316. Reports on exporting and importing monetary instruments (a) Except as provided in subsection (c) of this section, a person or an agent or bailee of the person shall file a report under subsection (b) of this section when the person, agent, or bailee knowingly— (1) transports or has transported monetary instruments of more than $5,000 at one time— (A) from a place in the United States to or through a place outside the United States; or (B) to a place in the United States from or through a place outside the United States; or (2) receives monetary instruments of more than $5,000 at one time transported into the United States from or through a place outside the United States. (b) A report under this section shall be filed at the time and place the Secretary of the Treasury prescribes. The report shall contain the following information to the extent the Secretary prescribes: (1) the legal capacity in which the person filing the report is acting. (2) the origin, destination, and route of the monetary instruments. (3) when the monetary instruments are not legally and beneficially owned by the person transporting the instruments, or if the person transporting the instruments personally is not going to use them, the identity of the person that gave the instruments to the person transporting them, the identity of the person who is to receive them, or both. (4) the amount and kind of monetary instruments transported. (5) additional information. (c) This section or a regulation under this section does not apply to a common carrier of passengers when a passenger possesses a monetary instrument, or to a common carrier of goods if the shipper does not declare the instrument. § 5317. Search and forfeiture of monetary instruments (a) The Secretary of the Treasury may apply to a court of competent jurisdiction for a search warrant when the Secretary reasonably believes a monetary instrument is being transported and a report on the instrument under section 5316 of this title has not been filed or contains a material omission or misstatement. The Secretary shall include a statement of information in support of the warrant. On a showing of probable cause, the court may issue a search warrant for a designated person or a designated or described place or physical object. This subsection does not affect the authority of the Secretary under another law. (b) A monetary instrument being transported may be seized and forfeited to the United States Government when a report on the instrument under section 5316 of this title has not been filed or contains a material omission or misstatement. A monetary instrument transported by mail or a common carrier, messenger, or bailee is being transported under this subsection from the time the instrument is delivered to the United States Postal Service, common carrier, messenger, or bailee through the time it is delivered to the addressee, intended recipient, or agent of the addressee or intended

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1041

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 999

recipient without being transported further in, or taken out of, the United States. § 5318. Compliance and exemptions The Secretary of the Treasury may (except under section 5315 of this title and regulations prescribed under section 5315)— (1) delegate duties and powers under this subchapter to an appropriate supervising agency; (2) require a class of domestic financial institutions to maintain appropriate procedures to ensure compliance with this subchapter and regulations prescribed under this subchapter; and (3) prescribe an appropriate exemption from a requirement under this subchapter and regulations prescribed under this subchapter. The Secretary may revoke an exemption by actually or constructively notifying the parties affected. A revocation is effective during judicial review. §5319. Availability of reports The Secretary of the Treasury shall make information in a report filed under section 5313, 5314, or 5316 of this title available to an agency on request of the head of the agency. The report shall be available for a purpose consistent with those sections or a regulation prescribed under those sections. However, a report and records of reports are exempt from disclosure under section 552 of title 5. § 5320. Injunctions When the Secretary of the Treasury believes a person has violated, is violating, or will violate this subchapter or a regulation prescribed or order issued under this subchapter, the Secretary may bring a civil action in the appropriate district court of the United States or appropriate United States court of a territory or possession of the United States to enjoin the violation or to enforce compliance with the subchapter, regulation, or order. An injunction or temporary restraining order shall be issued without bond. § 5321. Civil penalties (a)(1) A domestic financial institution, and a partner, director, officer, or employee of a domestic financial institution, willfully violating this subchapter or a regulation prescribed under this subchapter (except section 5315 of this title or a regulation prescribed under section 5315) is liable to the United States Government for a civil penalty of not more than $1,000. For a violation of section 5318(2) of this title or a regulation prescribed under section 5318(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues. (2) The Secretary of the Treasury may impose an additional civil penalty on a person not filing a report, or filing a report containing a material omission or misstatement, under section 5316 of this title or a regulation prescribed under section 5316. A civil penalty under this paragraph may not be more than the amount of the monetary instrument for which the report was required. A civil penalty under this paragraph is reduced by an amount forfeited under section 5317(b) of this title. (3) A person not filing a report under a regulation prescribed under section 5315 of this title or not complying with an injunction

5 USC 552.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1042

 96 STAT. 1000

PUBLIC LAW 97-258—SEPT. 13, 1982

under section 5320 of this title enjoining a violation of, or enforcing compliance with, section 5315 or a regulation prescribed under section 5315, is liable to the Government for a civil penalty of not more than $10,000. 03) The Secretary may bring a civil action to recover a civil penalty under subsection (a)(1) or (2) of this section that has not been paid. (c) The Secretary may remit any part of a forfeiture under section 5317(b) of this title or civil penalty under subsection (a)(2) of this section. § 5322. Criminal penalties (a) A person willfully violating this subchapter or a regulation prescribed under this subchapter (except section 5315 of this title or a regulation prescribed under section 5315) shall be fined not more than $1,000, imprisoned for not more than one year, or both. (b) A person willfully violating this subchapter or a regulation prescribed under this subchapter (except section 5315 of this title or a regulation prescribed under section 5315), while violating another law of the United States or as part of a pattern of illegal activity involving transactions of more than $100,000 in a 12-month period, shall be fined not more than $500,000, imprisoned for not more than 5 years, or both. (c) For a violation of section 5318(2) of this title or a regulation prescribed under section 5318(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues.

SUBTITLE V—GENERAL ASSISTANCE ADMINISTRATION OHAPTER

Sec

61. PROGRAM INFORMATION 6101 63. USING PROCUREMENT CONTRACTS AND GRANT AND COOP- 6301 ERATIVE AGREEMENTS. 65. INTERGOVERNMENTAL COOPERATION 6501 67. REVENUE SHARING 6701 69. PAYMENT FOR ENTITLEMENT LAND 6901 71. JOINT FUNDING SIMPLIFICATION 7101 73. ADMINISTERING BLOCK GRANTS 7301

CHAPTER 61—PROGRAM INFORMATION Sec. 6101. 6102. 6103. 6104. 6105.

Definitions. Program information requirements. Access to computer information system. Catalog of Federal domestic assistance programs. Authorization of appropriations.

§6101. Definitions In this chapter— (1) "administering office" means the lowest unit of an agency responsible for managing a domestic assistance program. (2) "agency" has the same meaning given that term in section 551(1) of title 5. (3) "assistance"—

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1043

 PUBLIC LAW 97-258—SEPT. 13, 1982 (A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including— (i) financial assistance; (ii) United States Government facilities, services, and property; and (iii) expert and technical information; and (B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government. (4) "domestic assistance program"— (A) means assistance from an agency for— (i) a State; (ii) the District of Columbia; (iii) a territory or possession of the United States; (iv) a county; (v) a city; (vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)-(v) of this clause (A); (vii) a domestic corporation; (viii) a domestic institution; and (ix) an individual of the United States; and (B) does not include a department, agency, or instrumentality of the Government. § 6102. Program information requirements (a) The Director of the Office of Management and Budget shall prepare and maintain information on domestic assistance programs. The information on each domestic assistance program shall include the following: (1) identification of the program by— (A) title; (B) authorizing law; (C) administering office; and (D) an identifying number assigned by the Director. (2) a description of the— (A) program; (B) objectives of the program; (C) types of activities financed under the program; (D) eligibility requirements; (E) formulas governing distribution of amounts; (F) types of assistance; (G) uses, and restrictions on the use, of assistance; and (H) duties of recipients under the program. (3) financial information, including the— (A) amounts appropriated for the current fiscal year or, if unavailable, the amounts requested by the President and the amounts obligated; and (B) average amounts of awards made in past years. (4) identification of information contacts, including the administering office and regional and local offices with their addresses and telephone numbers. (5) a general description of— (A) the application requirements and procedures; and (B) to the extent practical, an estimate of the time required to process the application.

96 STAT. 1001

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1044

 96 STAT. 1002

PUBLIC LAW 97-258—SEPT. 13, 1982

(b) On request of the Director, an agency shall give to the Director current information on all domestic assistance programs administered by the agency. The Director shall incorporate on a regular basis all relevant information received. (c) The Director— (1) shall ensure that information and catalogs under this chapter are made available to the public at reasonable prices; and (2) may develop information services to assist State and local governments in identifying and obtaining sources of assistance. § 6103. Access to computer information system (a) The Director of the Office of Management and Budget shall maintain a computerized information system providing access to the information described in section 6102 of this title. (h) To the greatest extent practicable, the Director shall provide for the widespread availability of the information by available computer terminals. (c) When the Director decides the efficiency of the information system under subsection (a) of this section requires it, the Director may make contracts with private organizations to obtain computer time-sharing services, including— (1) computer telecommunications networks; (2) computer software; and (3) associated services. § 6104. Catalog of Federal domestic assistance programs (a) The Director of the Office of Management and Budget shall prepare and publish each year a catalog of domestic assistance programs. (b) In a form selected by the Director, the catalog shall contain— (1) all substantive information on domestic assistance programs that is in the system under section 6102(a) of this title at the time the catalog is prepared; (2) information the Director decides may be helpful to a potential applicant for or beneficiary of assistance; and (3) a detailed index. (c) When the Director decides it is necessary, the Director shall prepare and publish— (1) supplements to the catalog; and (2) specialized compilations by function of information in the catalog. (d) The Director may distribute a catalog without cost to each— (1) member of Congress; (2) department, agency, and instrumentality of the United States Government; (3) State; (4) general purpose unit of a local government; (5) Indian tribe recognized by the United States Government; (6) depository library of Government publications; and (7) depository designated by the Director. § 6105. Authorization of appropriations Not more than $ •,, may be appropriated for the fiscal year ending September 30, 19—, to carry out this chapter.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1045

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1003

CHAPTER 63—USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE AGREEMENTS Sec. 6301. 6302. 6303. 6304. 6305. 6306. 6307. 6308.

Purposes. Definitions. Using procurement contracts. Using grant agreements. Using cooperative agreements. Authority to vest title in tangible personal property for research. Interpretative guidelines and exemptions. Use of multiple relationships for different parts of jointly financed projects.

§6301. Purposes The purposes of this chapter are to— (1) promote a better understanding of United States Government expenditures and help eliminate unnecessary administrative requirements on recipients of Government awards b}' characterizing the relationship between executive agencies and contractors, States, local governments, and other recipients in acquiring property and services and in providing United States Government assistance; (2) prescribe criteria for executive agencies in selecting appropriate legal instruments to achieve— (A) uniformity in their use by executive agencies; (B) a clear definition of the relationships they reflect; and (C) a better understanding of the responsibilities of the parties to them; and (3) promote increased discipline in selecting and using procurement contracts, grant agreements, and cooperative agreements, maximize competition in making procurement contracts, and encourage competition in making grants and cooperative agreements. §6302. Definitions In this chapter— (1) "executive agency" does not include a mixed-ownership Government corporation. (2) "grant agreement" and "cooperative agreement" do not include an agreement under which is provided only— (A) direct United States Government cash assistance to an individual; (B) a subsidy; (C) a loan; (D) a loan guarantee; or (E) insurance. (3) "local government" means a unit of government in a State, a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, an interstate entity, or another instrumentality of a local government. (4) "other recipient" means a person or recipient (except a State or local government) authorized to receive United States Government assistance or procurement contracts and includes a charitable or educational institution. (5) "State" means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State,

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1046

 96 STAT. 1004

PUBLIC LAW 97-258—SEPT. 13, 1982 regional, or interstate entity having governmental duties and powers.

§ 6303. Using procurement contracts An executive agency shall use a procurement contract as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when— (1) the principal purpose of the instrument is to acquire G)y purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; or (2) the agency decides in a specific instance that the use of a procurement contract is appropriate. § 6304. Using grant agreements An executive agency shall use a grant agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when— (1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and (2) substantial involvement is not expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement. § 6305. Using cooperative agreements An executive agency shall use a cooperative agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when— (1) the principal purpose of the relationship is to transfer a thing of value to the State, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and (2) substantial involvement is expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement. § 6306. Authority to vest title in tangible personal property for research The head of an executive agency may vest title in tangible personal property in a nonprofit institution of higher education or in a nonprofit organization whose primary purpose is conducting scientific research— (1) when the property is bought with amounts provided under a procurement contract, grant agreement, or cooperative agreement with the institution or organization to conduct basic or applied scientific research; (2) when the head of the agency decides the vesting furthers the objectives of the agency;

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1047

 PUBLIC LAW 97-258—SEPT. 13, 1982 (3) without further obligation to the United States Government; and (4) under conditions the head of the agency considers appropriate. § 6307. Interpretative guidelines and exemptions The Director of the Office of Management and Budget may— (1) issue supplementary interpretative guidelines to promote consistent and efficient use of procurement contracts, grant agreements, and cooperative agreements; and (2) exempt a transaction or program of an executive agency from this chapter. § 6308. Use of multiple relationships for different parts of jointly Hnanced projects This chapter does not require an executive agency to establish only one relationship between the United States Government and a State, a local government, or other recipient on a jointly financed project involving amounts from more than one program or appropriation when different relationships would otherwise be appropriate for different parts of the project. CHAPTER 65—INTERGOVERNMENTAL COOPERATION Sec. 6501. 6502. 6503. 6504. 6505. 6506. 6507 6508.

Definitions. Information on grants received. Transfer and deposit requirements. Use of existing State or multimember agency to administer grant programs. Authority to provide specialized or technical services. Development assistance. Congressional review of grant programs. Studies and reports.

§ 6501. Definitions In this chapter— (1) "assistance" means the transfer of anj^hing of value for a public purpose of support or stimulation that is— (A) authorized by a law of the United States; (B) provided by the law of the United States Government through grant or contractual arrangements (including technical assistance programs providing assistance by loan, loan guarantee, or insurance); and (C) not an annual payment by the United States Government to the District of Columbia government under section 502 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198, 87 Stat. 813, D.C. Code, § 47-3406). (2) "comprehensive planning" includes, to the extent directly related to area needs or needs of a unit of general local government— (A) preparation, as a guide for governmental policies and action, of general plans on— (i) the pattern and intensity of land use; (ii) providing public facilities (including transportation facilities) and other governmental services; and (iii) the effective development and use of human and natural resources;

96 STAT. 1005

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