-CITE- 31 USC TITLE 31 - MONEY AND FINANCE 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE -HEAD- TITLE 31 - MONEY AND FINANCE -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 97-258, SEC. 1, SEPT. 13, 1982, 96 STAT. 877 Subtitle Sec. I. General 101 II. The Budget Process 1101 III. Financial Management 3101 IV. Money 5101 V. General Assistance Administration 6101 VI. Miscellaneous 9101 TABLE SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 31 -------------------------------------------------------------------- Title 31 Title 31 Former Sections New Sections -------------------------------------------------------------------- 1 Rep. 2 701, 1101 11(a) 1105 11(b), (c) 1106 11(d)-(f) 1105 11(g) (1st-3d sentences) 1106 11(g) (last sentence)-(i) (1st 1105 sentence) 11(i) (last sentence), (j) 1108 11(k)(1) 1105 11(k)(2) 1113 11 note 1105 11a 1109 11b T. 2 Sec. 661 11c 1110 11d 1104 12 Rep. 13 1105 14 1107 15 1108 16 (1st sentence) 501 16 (2d, 3d sentences) 502 16 (last sentence related to 1104 preparation of budgets and appropriations) 16 (last sentence related to 1108 appropriations request) 16a 502 16b Rep. 16c 502 17(a) (related to employees) 521 17(a) (related to expenses) 522 17(b), (c) Rep. 18, 18a 1111 18b 1104 18c 1112 19 1105 20 1113 21 1104 22-24 1108 25 1105 26 Rep. 27 1103 28 1114 41 702 42(a) (1st sentence words 702 before comma) 42(a) (1st sentence words 703 after comma, last sentence), (b) 42a 703 43 (1st par.) 703 43 (2d par. 1st, 2d, 4th, last 772 sentences) 43 (2d par. 3d sentence) 779 43 (3d par.) 772 43 (last par.) 775 43a 703 43b(a)-(c) 773 43b(d), (e) 774 43b(f) 776 43b(g) 771 43b(h) 778 43b(i), (j) (less last 13 775 words before colon) 43b(j) (last 13 words before 776 colon) 43b(k) 775 43b(l), (m) 776 43b(n), (o) 774 43b(p) 771 43b(q) 773 43b(r) 779 43c 777 44 (1st sentence) 711, 731, 3301, 3323, 3324, 3521, 3522, 3526, 3529, 3531, 3541, 3702, (See Sec. 2(b) of Pub. L. 97-258) 44 (2d, last sentences) 3526 45 Rep. 46 704 46a to 48 Rep. 49 3511 49a 5120 50, 51 Rep. 51-1 702 51a, 52(a), (b) 731 52(c), (d) 711 52-1 (related to appointment, 731 pay and assignment) 52-1 (related to direct) 711 52-2 732 52-3(a)-(d) 751 52-3(e)-(g) 752 52-3(h) 753 52-3(i) 754 52-3(j), (k) 753 52-3(l) 755 52-3(m) 753 52-4(a) 733 52-4(b) 731 52-5 732 52-6 735 52-7 736 52a Rep. 52b, 52c 731 53(a) (1st sentence words 712 before 5th comma) 53(a) (1st sentence words 719 after 5th comma, last sentence) 53(b) 712 53(c)-(e) 719 53(f) 718 54 716 55 Rep. 56 731 57, 58 Rep. 59, 60 (1st sentence) 712 60 (last sentence) 719 61 715 65(a)-(e) Rep. 65(f) 3511 65a 3501 65b 3521 66(a) 3511 66(b) (less Treasury 3512 Department) 66(b) (related to Treasury 3513 Department) 66(c) 3512 66a 3512 66b 3513 66c 3326 66d 3514 67(a)-(c) 3523 67(d)(1)-(3) 713 67(d)(4) 719 67(e)(1)-(5), (7) 714 67(e)(6)(A) 719 67(e)(6)(B) 718 67(f) 3524 68 9501 68a 9503 68b 9504 68c, 68d 9502 71 (related to accounts) 3526 71 (related to claims) 3702 71a 3702 72, 73 Rep. 74 (1st, 2d pars., last par. 3526 words after 4th comma) 74 (last par. words before 4th 3529 comma) 75 3521 76 (1st, last sentences) 3324 76 (2d, 3d sentences) 3323 77 3323 78 3522 79 Rep. 80-80c 3522 81 3522 82 3521 82a 3325 82a-1, 82a-2 3527 82b 3325 82b-1 3521 82c 3528 82d (words before semicolon) 3541 82d (words after semicolon) 3529 82e (related to 31:82b) 3325 82e (related to 31:82c) 3528 82e (related to 31:82d) 3529 82f (related to disbursing 3325 officers) 82f (related to certifying 3528 officers) 82g (related to disbursing 3322 officers) 82g (related to certifying 3528 officers) 82h T. 7 Sec. 1032a 82i 3526 82j to 82p Rep. 83, 84 Rep. 85 T. 48 Sec. 1469-1 86 3702 87, 88 Rep. 89-92 3531 93, 94 Rep. 95 T. 10 Sec. 4842 95a 3527 95b (related to Army, Navy, T. 10 Sec. 2777 Air Force) 95b (related to State T. 22 Sec. 2668 Department) 96-102 Rep. 103 T. 10 Sec. 2778 103a T. 10 Sec. 2773 103b T. 10 Sec. 2773 104 T. 10 Sec. 7861 105 Rep. 106 T. 10 Sec. 7862 107 3526 107a Rep. 108 T. 10 Sec. 7231 109-116 Rep. 117 711 118-121 Rep. 122 3702 123 (words before 1st proviso) 3329 123 (provisos) 3330 124 (1st par.) 3329 124 (last par.) 3330 125 (1st par.) 3329 125 (last par.) 3330 126 3329 127 321 128 3329 129-131 3712 132 3328 133 Rep. 134 3328 135 3525 141 301 142-146 Rep. 147 (less disbursement) 3301 147 (related to disbursement) 3323 148-154 Rep. 155 (See former 1003) 156 3333 157 327 161, 162 Rep. 163 329 164-166 Rep. 171 303 172, 173 Rep. 174 5144 175 5155 176 Rep. 177 5114 178, 179 Rep. 180 5141 181 5143 181 note 5142 181a 5142 181b, 181c 5141 181d, 181e Rep. 191, 192 3713 193 9309 194 Rep. 195 3715 196-199 Rep. 200(a) 1501 200(b), (c) 1108 200(d) 1502 200(e) 1501 201, 202 Rep. 203 3727 204-206 Rep. 207 3714 208-214 Rep. 215 3723 215a Rep. 216, 217 3723 218-224 Rep. 224a, 224a note 3725 224b, 224b note 3724 224c to 226 Rep. 227 3728 228 Rep. 229 T. 2 Sec. 190l 230 T. 2 Sec. 190m 231 3729 232(A)-(E) 3730 232(F) 3731 233 3730 234 Rep. 235 3731 236, 237 3702 237a 3712 238, 238 note 3722 239 3727 240(1), (2), (4) 3701 240(3) 3721 241(a)-(d) 3721 241(e) Rep. 241(f) 3721 242-243a 3721 243a note 3721 244 3726 251 (1st sentence words after 5131 1st comma) 251 (less 1st sentence words 304 after 1st comma) 252 Rep. 253 5132 254 Rep. 261 5131 262 Rep. 263 5131 264-271 Rep. 272 5111 273 (1st, 2d sentences) 5132 273 (last sentence) 5122 274 5121 275 5111 276 5112 277 5121 278, 279 5131 280 Rep. 281 5131 282 Rep. 283 (1st sentence) 5131 283 (2d, last sentences) 5133 284-286 Rep. 287 5131 291 Rep. 292 5131 293, 294 Rep. 301-304 Rep. 311-315a Rep. 315b 5118 316-316d Rep. 317(a), (b) 5112 317(c) Rep. 317a, 317b Rep. 317c 5120 317d to 317e-1 Rep. 317f 321 318-320 Rep. 321 5112 322 5111 323 Rep. 324 5112 324a 5114 324b to 324c 5112 324d, 324e Rep. 324f 5131 324g Rep. 324h 5111 324i Rep. 325 5121 326 Rep. 327-330 5121 331, 332 5122 333 Rep. 334 5122 335 5116 336-339 Rep. 340 5111 341 Rep. 342 5111 343, 344 5121 345 5111 346 5112 347 5121 348, 349 Rep. 350, 351 5113 352 Rep. 353 5111 354-356 5133 357, 358 5122 359 Rep. 360 5121 361 (1st sentence words before 5131 1st comma) 361 (1st sentence words after 5132 1st comma, last sentence) 362 5121 363 Rep. 364 5102 365 5133 366 Rep. 367, 368 5111 369 5132 370 Rep. 371 5101 372 5151 373-388o Rep. 391(a) 5111 391(b)-(d) 5112 392 5103 393(a) 5111 393(b) Rep. 394 5116 395, 396 5111 397 321 398(1)-(4), (6) 5112 398(5) 5113 399 5112 401, 402 5115 403 Rep. 404 5119 405, 405a Rep. 405a-1 5116 405a-2, 405a-3 5119 405b 5117 406-408 Rep. 408a (last proviso) 5117 408a (less last proviso) 5119 408b to 412 Rep. 413-416 5114 417 Rep. 418, 418a 5114 419 5114 420 5119 421, 422 5120 423 Rep. 424 5153 425, 426 5154 427 321 428-430 Rep. 440 Rep. 441 5117 442, 443 Rep. 444 (1st sentence words 5119 between 2d and 3d semicolons) 444 (less 1st sentence words Rep. between 2d and 3d semicolons) 445, 446 Rep. 448-448e Rep. 449 Rep. 449a 5152 449b, 449c Rep. 451-455 Rep. 456 5103 457-462 Rep. 463, 463 note 5118 471 Rep. 472 302 473 3303 474-483 Rep. 483a 9701 483b T. 10 Sec. 1042 484 3302 485 Rep. 486 321 486a to 488 Rep. 488a T. 16 Sec. 580o-2 488b to 488b-2 Rep. 488b-3 T. 16 Sec. 580o 488b-4 T. 16 Sec. 580o-1 488b-5 T. 16 Sec. 580o-3 488b-6 T. 16 Sec. 580o-4 489 T. 40 Sec. 485a (See Rev. T. 40 Table) 489a T. 10 Sec. 2636 490 3302 491 Rep. 492(a) 3322 492(b)-(d) 3332 492 note 3332 492-1 3321 492-2 Rep. 492a-492c 3342 492d Rep. 493 T. 10 Sec. 4841 493a T. 10 Sec. 2776 493b, 494 Rep. 495 3302 495a Rep. 496, 497 3522 497a 3532 498 3522 499-504b Rep. 505 3545 506, 507 3541 508 3542 509 Rep. 510-513 3542 514 3541 516 3541 517-519 3543 520 3544 521 3302 522 3304 523, 524 Rep. 525 3302 526 3327 527 3328 528(a)-(c) 3331 528(d) 321 528(e) Rep. 528(f), (g) 3331 528(h) Rep. 529 3324 529a Rep. 529b T. 19 Sec. 2076 529c T. 19 Sec. 2077 529d T. 19 Sec. 2078 529e T. 19 Sec. 2079 529f T. 19 Sec. 2080 529g, 529h Rep. 529i, 529j T. 10 Sec. 2395 530 Rep. 530a, 530b 3324 531 T. 15 Sec. 196 532 T. 28 Sec. 571 533 Rep. 534 T. 16 Sec. 556d 535 T. 22 Sec. 268b 536, 537 T. 10 Sec. 2777 538 3526 539, 540 T. 10 Sec. 2777 541 3526 542, 543 Rep. 544 3341 545 3302 546 Rep. 547 T. 22 Sec. 2668a 547a 9702 548 3305 549 Rep. 550 T. 33 Sec. 877 551, 552 1345 553 T. 42 Sec. 3514 554 Rep. 555 T. 26 Sec. 4986 note 561-563a 3343 564 321 571 Rep. 581 1104 581 note 1303 581a 1104 581b 1108 581c 1531 581c-1 Rep. 581d 3530 582-622 Rep. 623 1104 624-626 Rep. 627, 628 1301 628-1 1532 628-2, 628-3 T. 10 Sec. 2779 628a 1534 629-638 Rep. 638a(a)-(c)(1) 1343 638a(c)(2) (1st, last 1344 sentences) 638a(c)(2) (2d sentence) 1349 638a(d) Rep. 638a(e) 1343 638a-1 1343 638b T. 33 Sec. 576a 638c 1343 note 638d, 638e 1343 638f Elim. 639-649 Rep. 649a T. 10 Sec. 956 note 649b Rep. 649c T. 10 Sec. 2394 650 Rep. 650a T. 37 Sec. 406 650b to 660 Rep. 661 T. 33 Sec. 878 662 T. 16 Sec. 754a 663, 663a Rep. 664 Rep. 665(a) 1341 665(b) 1342 665(c) (less (1) (last 1512 sentence)) 665(c)(1) (last sentence) 1511 665(d)(1), (2) (1st-4th 1513 sentences, 6th sentence 1st-22d words) 665(d)(2) (5th sentence, 6th 1511 sentence less 1st-22d words) 665(d)(2) (last sentence 1341 related to spending and obligations) 665(d)(2) (last sentence 1342 related to voluntary services) 665(d)(2) (last sentence 1511 related to price supports) 665(e) 1515 665(f)(1) 1516 665(f)(2) 1511 665(g) (1st sentence) 1513 665(g) (less 1st sentence) 1514 665(h) 1517 665(i)(1) (words before 1549 semicolon related to (a), (b)) 665(i)(1) (words after 1550 semicolon related to (a), (b)) 665(i)(1) (words before 1518 semicolon related to (h)) 665(i)(1) (words after 1519 semicolon related to (h)) 665(i)(2) (related to (a), (b)) 1351 665(i)(2) (related to (h)) 1517 665a 1515 665b 1502 666 T. 10 Sec. 4541 667 Rep. 668 T. 41 Sec. 11a 668a 1308 669 (words before semicolon) 1513 669 (words after semicolon) 1341 670 1302 671 T. 2 Secs. 68-2, 95a 671a Rep. 672, 673 1346 674-678 Rep. 679-680a 1348 681 Rep. 682 1307 683-685 Rep. 685a 1537 686(a) 1535 686(b) 1536 686(c) 1535 686-1 1535 686-2 3324 686a Rep. 686b(a), (b), (c) (related to 1535 31:686, 686b) 686b(c) (related to 31:686) 1536 686c to 688 Rep. 689 T. 40 Sec. 166a-1 (See T. 2 Sec. 1861) 690 Rep. 691 1346 692 T. 43 Sec. 1470 693 T. 43 Sec. 1471 693a T. 28 Sec. 524 694, 695 Rep. 696 1347 697 1533 698 T. 32 Sec. 107 698a T. 37 Sec. 1012 699 T. 42 Sec. 2459a 699a 1309 699b T. 5 Sec. 3101 note 700 T. 10 Sec. 1584 note 700a, 700b Elim. 700c Rep. 700d T. 38 Sec. 203 701(a), (b) 1552 701(c) (1st sentence) 1551 701(c) (last sentence), (d) 1552 702 1553 703(a) 1554 703(b) 1556 704 Rep. 705 1552 706 1555 707 1551 708 1557 711(1)-(3) 1305 711(4)-(11) Rep. 711(11a)-(23) 1305 712 Rep. 712a 1502 712b to 716 Rep. 717, 718 1301 719, 720 Rep. 721 1310 722 T. 2 Sec. 30 723, 723a T. 10 Sec. 2661a 724 1306 724a (1st sentence) 1304 724a (last sentence) T. 39 Sec. 409 725 Rep. 725a to 725d Elim. 725e Rep. 725f Elim. 725g Rep. 725h T. 24 Sec. 21b 725i to 725k Rep. 725l, 725m Elim. 725n, 725o Rep. 725p(a) (last sentence) 331 725p (less (a) (last sentence)) Rep. 725p note 1322 725p-1 1322 725q(a) (last sentence) 331 725q (less (a) (last sentence)) Rep. 725q-1 1322 725q-1a 1324 725q-2 T. 18 Sec. 3150a 725r 1323 725s (less (a) (last sentence 1321 last proviso)) 725s(a) (last sentence last 1322 proviso) 725s-1 T. 25 Sec. 385a 725s-2 T. 25 Sec. 385b 725s-3 T. 25 Sec. 385c 725s-4 T. 18 Sec. 4043 725t, 725u Rep. 725v(a) Rep. 725v(b) (related to marshals) T. 28 Sec. 572a 725v(b) (related to clerks) T. 28 Sec. 2043 725w 1503 725x to 725z Rep. 731-733 (words before 3123 semicolon) 733 (words after semicolon), 5116 734 734a to 738 Rep. 738a 3125 739 3121 740 3127 741 Rep. 741a 324 742, 742a 3124 743-751 Rep. 752 (1st-4th pars. less 2d 3102 par. form of bonds) 752 (2d par. related to form 3121 of bonds) 752 (last par.) 3107 752a Rep. 753(a) (less form of notes, 3103 certificates of indebtedness, and Treasury bills) 753(a) (related to form of 3121 notes, certificates of indebtedness, and Treasury bills) 753(b) Rep. 753(c) 3103 753(d) (1st sentence) 3108 753(d) (2d sentence) 3123 753(d) (last sentence related 3122 to 31:771) 753(d) (last sentence less 3129 related to 31:771) 754(a) (less form of 3104 certificates of indebtedness and Treasury bills, finality) 754(a) (related to form of 3121 certificates of indebtedness and Treasury bills, finality) 754(b) Rep. 754(c) T. 12 Sec. 221 754(d) Rep. 754a 3111 754b 3121 755-757 Rep. 757a (See former 405b) 757b, 757b-1 3101 757b-2 Rep. 757c(a)-(d) (1st sentence) 3105 757c(d) (last sentence) 3108 757c(e) 3129 757c(f), (g) Rep. 757c(h) 3105 757c(i) (1st-6th sentences) 3126 757c(i) (last sentence) 331 757c(j) 3105 757c-1 Rep. 757c-2(a)-(c) (1st sentence) 3106 757c-2(c) (last sentence) 3108 757c-2(d) 3106 757c-3 3109 757c-4, 757c-5 3121 757d 3128 757e 3113 757f 331 758 3108 759-761 3129 761a to 765 Rep. 766 3123 767 3112 767a Rep. 767b 3112 768 (words before semicolon) 3123 768 (words after semicolon) 3121 769, 770 Rep. 771, 772 3122 772a 3121 773 Rep. 773a-773d 5118 774 Rep. 801-804 3110 804a to 809 Rep. 821 5301 822 5304 822a(a)-(c) 5302 822a(d) 325 822b 5117, 5119, 5304 823, 824 Rep. 841 Rep. 846 9101 847, 848 9103 849 9104 850 9105 851 9106 852 9109 856 9101 857 9105 858 9106 859 1105 866 9105 867 9107 868 (less (d) (1st sentence 9108 related to 31:867)) 868(d) (1st sentence related 9107 to 31:867) 869(a) 9102 869(b) Rep. 870 9107 871 Rep. 901-904 3113 911 5119 912, 913 Rep. 914-917 5119 931-937 Rep. 938 5303 951 3701 952(a)-(d)(3) 3711 952(d)(4) 3701 952(e)(1) (1st to 3d sentences) 3717 952(e)(1) (last sentence) 3701 952(e)(2)-(7) 3717 952(e)(8) 3701 952(f) 3718 952 note 3711 953 3711 note 954(a)-(d) 3716 954(e) 3701 955 3719 971-973 Rep. 1001 301 1002 (less words between 4th 321 and 5th semicolons) 1002 (words between 4th and 331 5th semicolons) 1003 329 1004-1005a 301 1006, 1007 301 1008 Rep. 1009 301 1010 (related to seal) 301 1010 (related to books, Rep. papers, and records) 1011 321 1012, 1013 Rep. 1014 328 1015 Rep. 1016 309 1017 321 1018 329 1019 Rep. 1020 1102 1020-1, 1020a Rep. 1021, 1022 Rep. 1023(a) 321 1023(b) 3302 1023(c) T. 18 Sec. 3059 1024 321 1025 Rep. 1026 330 1027 331 1028 Rep. 1029, 1030 331 1031, 1032 326 1033 322 1034 T. 21 Sec. 967 1035 T. 21 Sec. 968 1036 T. 21 Sec. 969 1037 T. 26 Sec. 7802 1038 323 1051 5311 1052(a)-(i) 5312 1052(j) 5319 1052(k) Rep. 1052(l) 5312 1053 321 1054(a), (b) (1st sentence) 5318 1054(b) (last sentence related 5321 to civil penalties) 1054(b) (last sentence related 5322 to criminal penalties) 1055 5318 1056 5321 1057 5320 1058, 1059 5322 1060 Rep. 1061 5319 1062 Rep. 1081-1083 5313 1101 5316 1102 5317 1103, 1104 5321 1105 5317 1121, 1122 5314 1141, 1142 5315 1143(a) 5321 1143(b) (words before last 5320 comma) 1143(b) (words after last 5321 comma) 1151, 1152(a), (b) 1112 1152(c)-(f) 1113 1153(a)-(c) 1113 1153(d) 1112 1154(a)-(c) 717 1154(d) (1st sentence) 702 1154(d) (last sentence) 731 1154(e) 719 1155(a) 702 1155(b) 719 1156 Rep. 1157 717, 719, 720, 1112 1171-1174 719 1175(a) 734 1175(b) 719 1175(c) 734 1176 720 1201 9302 1202 3530 1203, 1204 Rep. 1221 6702 1222, 1223 Rep. 1224(a)(1), (2) (related to 6703 trustee) 1224(a)(2) (related to report) 6724 1224(b) Rep. 1224(c), (d), (e) 6703 1225(a), (b) 6707 1225(c) Rep. 1226(a)(1)(A) 6705 1226(a)(1)(B) 6707 1226(a)(2) 6705 1226(b) 6706 1226(c) Rep. 1227(a), (b)(1) 6708 1227(b)(2), (3) 6709 1227(b)(4) 6708 1227(b)(5) 6709 1227(b)(6), (7) 6712 1227(c) 6711 1227(d) 6701 1227(e) 6710 1228(a)(1) 6713 1228(a)(2) 6707 1228(a)(3) 6701 1228(a)(4) 6707 1228(a)(5) 6702 1228(a)(6) 6712 1228(a)(7) 6713 1228(b) 6707 1228(c)(1) 6707 1228(c)(2)(A) 6701 1228(c)(2)(B) 6707 1228(d) 6708 1228(e) 6709 1228(f)(1) 6707 1228(f)(2) 6708 1228(f)(3), (last sentence) 6709 1228(g) 6707 1228(h) 6713 1241(a) 6724 1241(b), (c) 6714 1241(d) 6724 1241(e) 6714, 6724 1241(f) 6724 1241(g) 6714 1242(a) 6716 1242(b)(1)-(3)(B) (1st 6717 sentence) 1242(b)(3)(B) (2d sentence) 6718 1242(b)(3)(B) (last sentence) 6717 1242(b)(3)(C) 6718 1242(b)(3)(D), (E) 6717 1242(c)(1) 6701 1242(c)(2), (3) (related to 6717 proceedings) 1242(c)(3) (related to 6718 suspensions and terminations) 1242(c)(4) 6701 1242(d) 6719 1242(e), (f) 6718 1242(g) 6720 1242(h) 6716 1243(a), (b) 6704 1243(c) 6723 1243(d) 6715 1243 note 7301-7305 1244 6721 1245 6723 1261(a) 6703, 6724 1261(b)(1)-(7) Rep. 1261(b)(8) 6701 1261(c) 6701 1262(a) 321 1262(b) Rep. 1263 6722 1264 6713 1265 Rep. 1301 T. 2 Sec. 621 1302 T. 2 Sec. 622 1303 T. 2 Sec. 623 1321 T. 2 Sec. 631 1322 T. 2 Sec. 632 1323 T. 2 Sec. 633 1324 T. 2 Sec. 634 1325 T. 2 Sec. 635 1326 T. 2 Sec. 636 1327 T. 2 Sec. 637 1328 T. 2 Sec. 638 1329 T. 2 Sec. 639 1330 T. 2 Sec. 640 1331 T. 2 Sec. 641 1332 T. 2 Sec. 642 1351 T. 2 Sec. 651 1352 T. 2 Sec. 652 1353 T. 2 Sec. 653 1400 T. 2 Sec. 681 1401 T. 2 Sec. 682 1402 T. 2 Sec. 683 1403 T. 2 Sec. 684 1404 T. 2 Sec. 685 1405 T. 2 Sec. 686 1406 T. 2 Sec. 687 1407 T. 2 Sec. 688 1501-1510 Rep. 1521-1531 Elim. 1601 6902 1602 6903 1603 6904 1604 6903 1605 6902 1606 6901 1607 6906 1701 6101 1702 Rep. 1703 6102 1704(a)-(c) 6103 1704(d), (e) 6102 1705 6104 1706 Rep. 1707 6105 1801(a)(1) 3902 1801(a)(2) 3903 1801(b)-(d) 3902 1802 3904 1803 3906 1804 3905 1805-1806 3901 -------------------------------------------------------------------- ENACTING CLAUSE Section 1 of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877, provided in part that: "Certain general and permanent laws of the United States, related to money and finance, are revised, codified, and enacted as title 31, United States Code, 'Money and Finance'. . . ." LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS Section 4(a) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: "Sections 1-3 of this Act restate, without substantive change, laws enacted before April 16, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after April 15, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency." REFERENCES TO OTHER LAWS Section 4(b) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: "A reference to a law replaced by sections 1-3 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act." OUTSTANDING ORDERS, RULES, AND REGULATIONS Section 4(c) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: "An order, rule, or regulation in effect under a law replaced by sections 1-3 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded." SAVINGS PROVISION Section 4(d) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: "An action taken or an offense committed under a law replaced by sections 1-3 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act." LEGISLATIVE CONSTRUCTION Section 4(e) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1067, provided that: "An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision." SEVERABILITY Section 4(f) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877, provided that: "If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications." REPEALS Section 6(a) of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, provided that: "The repeal of a law enacted by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal." Section 6(b) of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Feb. 14, 1984. Section 4(a) of Pub. L. 97-452, Jan. 12, 1983, 96 Stat. 2479, provided that: "The repeal of a law enacted by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal." Section 4(b) of Pub. L. 97-452, Jan. 12, 1983, 96 Stat. 2480, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983. Section 5(a) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1068, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal." Section 5(b) of Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1068, repealed the sections or parts thereof of the Revised Statutes or Statutes at Large codified in this title, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Sept. 13, 1982. IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 98-216; LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS AND SEPARABILITY OF PROVISIONS Pub. L. 98-216, Sec. 5, Feb. 14, 1984, 98 Stat. 7, provided that: "(a) Sections 1-4 of this Act restate, without substantive change, laws enacted before April 1, 1983, that were replaced by those sections. Sections 1-4 may not be construed as making a substantive change in the laws replaced. Laws enacted after March 31, 1983, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. "(b) A reference to a law replaced by sections 1-4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. "(c) An order, rule, or regulation in effect under a law replaced by sections 1-4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. "(d) An action taken or an offense committed under a law replaced by sections 1-4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. "(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. "(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications." IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 97-452; LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS AND SEPARABILITY OF PROVISIONS Pub. L. 97-452, Sec. 3, Jan. 12, 1983, 96 Stat. 2479, provided that: "(a) Sections 1 and 2 of this Act restate, without substantive change, laws enacted before December 1, 1982, that were replaced by those sections. Sections 1 and 2 may not be construed as making a substantive change in the laws replaced. Laws enacted after November 30, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. "(b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. "(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. "(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. "(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. "(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications." -End- -CITE- 31 USC SUBTITLE I - GENERAL 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL -HEAD- SUBTITLE I - GENERAL -MISC1- Chap. Sec. 1. Definitions 101 3. Department of the Treasury 301 5. Office of Management and Budget 501 7. Government Accountability Office 701 9. Agency Chief Financial Officers 901 AMENDMENTS 2004 - Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814, substituted "Government Accountability Office" for "General Accounting Office" in item for chapter 7. 1990 - Pub. L. 101-576, title II, Sec. 205(b), Nov. 15, 1990, 104 Stat. 2845, added item for chapter 9. -End- -CITE- 31 USC CHAPTER 1 - DEFINITIONS 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 1 - DEFINITIONS -HEAD- CHAPTER 1 - DEFINITIONS -MISC1- Sec. 101. Agency. 102. Executive agency. 103. United States. -End- -CITE- 31 USC Sec. 101 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 1 - DEFINITIONS -HEAD- Sec. 101. Agency -STATUTE- In this title, "agency" means a department, agency, or instrumentality of the United States Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 101 (no source). -------------------------------------------------------------------- The section is included to avoid the necessity for defining "agency" each time it is used in the revised title. -End- -CITE- 31 USC Sec. 102 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 1 - DEFINITIONS -HEAD- Sec. 102. Executive agency -STATUTE- In this title, "executive agency" means a department, agency, or instrumentality in the executive branch of the United States Government. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 102 (no source). -------------------------------------------------------------------- The section is included to avoid the necessity for defining "executive agency" each time it is used in the revised title. -End- -CITE- 31 USC Sec. 103 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 1 - DEFINITIONS -HEAD- Sec. 103. United States -STATUTE- In this title, "United States", when used in a geographic sense, means the States of the United States and the District of Columbia. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 103 (no source). -------------------------------------------------------------------- The section is included to avoid the necessity for defining "United States" each time it is used in the revised title. -End- -CITE- 31 USC CHAPTER 3 - DEPARTMENT OF THE TREASURY 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY -HEAD- CHAPTER 3 - DEPARTMENT OF THE TREASURY -MISC1- SUBCHAPTER I - ORGANIZATION Sec. 301. Department of the Treasury. 302. Treasury of the United States. 303. Bureau of Engraving and Printing. 304. Bureau of the Mint.(!1) 305. Federal Financing Bank. 306. Fiscal Service. 307. Office of the Comptroller of the Currency. 308. United States Customs Service. 309. Office of Thrift Supervision. 310. Financial Crimes Enforcement Network. 311. Office of Intelligence and Analysis. 312. Continuing in office. 313. Terrorism and Financial Intelligence.(!2) SUBCHAPTER II - ADMINISTRATIVE 321. General authority of the Secretary. 322. Working capital fund. 323. Investment of operating cash. 324. Disposing and extending the maturity of obligations. 325. International affairs authorization. 326. Availability of appropriations for certain expenses. 327. Advancements and reimbursements for services. 328. Accounts and payments of former disbursing officials. 329. Limitations on outside activities. 330. Practice before the Department. 331. Reports. 332. Miscellaneous administrative authority. 333. Prohibition of misuse of Department of the Treasury names, symbols, etc. AMENDMENTS 2003 - Pub. L. 108-177, title I, Sec. 105(a)(2), Dec. 13, 2003, 117 Stat. 2603, added item 311 and redesignated former item 311 as 312. 2001 - Pub. L. 107-56, title III, Sec. 361(c), Oct. 26, 2001, 115 Stat. 332, added item 310 and redesignated former item 310 as 311. 1994 - Pub. L. 103-296, title III, Sec. 312(l)(2), Aug. 15, 1994, 108 Stat. 1530, added item 333. 1989 - Pub. L. 101-73, title III, Sec. 307(a)(2), Aug. 9, 1989, 103 Stat. 352, added item 309 and redesignated former item 309 as 310. 1984 - Pub. L. 98-302, Sec. 3(b), May 25, 1984, 98 Stat. 218, added item 332. -FOOTNOTE- (!1) So in original. Does not conform to section catchline. (!2) Editorially supplied. Section 313 added by Pub. L. 108-447 without corresponding amendment of chapter analysis. -End- -CITE- 31 USC SUBCHAPTER I - ORGANIZATION 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- SUBCHAPTER I - ORGANIZATION -End- -CITE- 31 USC Sec. 301 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 301. Department of the Treasury -STATUTE- (a) The Department of the Treasury is an executive department of the United States Government at the seat of the Government. (b) The head of the Department is the Secretary of the Treasury. The Secretary is appointed by the President, by and with the advice and consent of the Senate. (c) The Department has a Deputy Secretary of the Treasury appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall carry out - (1) duties and powers prescribed by the Secretary; and (2) the duties and powers of the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant. (d) The Department has 2 Under Secretaries, an Under Secretary for Enforcement, 2 Deputy Under Secretaries, and a Treasurer of the United States, appointed by the President, by and with the advice and consent of the Senate. The Department also has a Fiscal Assistant Secretary appointed by the Secretary. They shall carry out duties and powers prescribed by the Secretary. The President may designate one Under Secretary as Counselor. When appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary. (e) The Department has 10 Assistant Secretaries appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretaries shall carry out duties and powers prescribed by the Secretary. The Assistant Secretaries appointed under this subsection are in addition to the Assistant Secretaries appointed under subsection (d) of this section. (f)(1) The Department has a General Counsel appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief law officer of the Department. Without regard to those provisions of title 5 governing appointment in the competitive service, the Secretary may appoint not more than 5 Assistant General Counsels. The Secretary may designate one of the Assistant General Counsels to act as the General Counsel when the General Counsel is absent or unable to serve or when the office of General Counsel is vacant. The General Counsel and Assistant General Counsels shall carry out duties and powers prescribed by the Secretary. (2) The President may appoint, by and with the advice and consent of the Senate, an Assistant General Counsel who shall be the Chief Counsel for the Internal Revenue Service. The Chief Counsel is the chief law officer for the Service and shall carry out duties and powers prescribed by the Secretary. (g) The Department shall have a seal. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 878; Pub. L. 98-594, Sec. 1(a), Oct. 30, 1984, 98 Stat. 3129; Pub. L. 99-190, Sec. 141, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 103-211, title II, Sec. 2003(a), Feb. 12, 1994, 108 Stat. 24; Pub. L. 108-177, title I, Sec. 105(d)(2), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 110-49, Sec. 11(a), July 26, 2007, 121 Stat. 260; Pub. L. 110-343, div. A, title I, Sec. 101(a)(3)(B)(ii), Oct. 3, 2008, 122 Stat. 3768.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 301(a) 31:1001(words R.S. Sec. 233. before 1st comma). 301(b) 31:1001(words after 1st comma). 301(c) 31:1004(related to Feb. 17, 1922, ch. 55(related Deputy Secretary). to appointment and duties of Deputy and Under Secretaries), 42 Stat. 366; July 22, 1954, ch. 557, Sec. 3, 68 Stat. 496; restated May 18, 1972, Pub. L. 92-302, Sec. 1(a), 86 Stat. 148. Jan. 3, 1923, ch. 22(related to appointment and duties of Deputy and Under Secretaries), 42 Stat. 1087. Apr. 4, 1924, ch. 84(related to appointment and duties of Deputy and Under Secretaries), 43 Stat. 64. 31:1005. Feb. 17, 1922, ch. 55(related to vacancy in office of Secretary of the Treasury), 42 Stat. 366; restated May 18, 1972, Pub. L. 92-302, Sec. 1(a), 86 Stat. 149. Jan. 3, 1923, ch. 22(related to vacancy in office of Secretary of the Treasury), 42 Stat. 1087. Apr. 4, 1924, ch. 84(related to vacancy in office of Secretary of the Treasury), 43 Stat. 64. 301(d) 31:141. R.S. Sec. 301. 31:1004(related to Under Secretaries). 31:1005a(1st-3d May 18, 1972, Pub. L. 92-302, sentences). Sec. 1(b), 86 Stat. 149. 5 App. Reorg. Plan No. 3 of 1940, eff. June 30, 1940, Sec. 1(a)(7)(1st sentence), 54 Stat. 1231. 301(e) 31:1005a(last sentence). 31:1006. R.S. Sec. 234; July 11, 1890, ch. 667, Sec. 1(1st par. under heading "Treasury Department"), 26 Stat. 236; Mar. 3, 1917, ch. 163, Sec. 1(1st par. under heading "Treasury Department"), 39 Stat. 1083; Reorg. Plan No. 3 of 1940, eff. June 30, 1940, Sec. 1(d), 54 Stat. 1232; restated July 22, 1954, ch. 557, Sec. 4, 68 Stat. 496; July 8, 1963, Pub. L. 88-58, 77 Stat. 76; May 18, 1972, Pub. L. 92-302, Sec. 1(c), 86 Stat. 149. 31:1007. R.S. Sec. 245. 301(f)(1) 26:7801(b)(1), Aug. 16, 1954, ch. 736, Sec. (2)(last sentence), 7801(b), 68A Stat. 915; (3). restated Sept. 22, 1959, Pub. L. 86-368, Sec. 1, 73 Stat. 647; Aug. 14, 1964, Pub. L. 88-426, Sec. 305(39), 78 Stat. 427; Oct. 4, 1976, Pub. L. 94-455, Sec. 1906(b)(13)(B), 90 Stat. 1834. 31:1009. May 10, 1934, ch. 277, Sec. 512(a), (c), 48 Stat. 758, 759. 301(f)(2) 26:7801(b)(2)(1st, 2d sentences). 301(g) 31:1010(related to R.S. Sec. 372(related to seal). seal); May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759. -------------------------------------------------------------------- In subsection (a), the words "of the United States Government" are added for clarity. In subsection (b), the words "The Secretary is appointed by the President, by and with the advice and consent of the Senate" are added to conform with clause 2, section 2, of article II of the Constitution. In subsection (c), the words "carry out" and "duties and powers" are substituted for "perform" and "duties", respectively, for consistency in the revised title and with other titles of the United States Code. In clause (1), the words "in the Office of the Secretary" in 31:1004 are omitted as unnecessary because of the restatement and for consistency. Clause (2) is substituted for 31:1005 to eliminate unnecessary words and for consistency with other titles of the Code. In subsection (d), the words "in accordance with the civil- service laws" in section 1(a)(7)(1st sentence) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1232) are omitted as unnecessary because of title 5. The words "and shall receive a salary at the rate of $15,000 per annum" are omitted as superseded by 5:5316. The words "carry out" and "duties and powers" are substituted for "perform" and "duties", respectively, in 31:1004 and 1005a for consistency in the revised title and with other titles of the Code. The words "in the Office of the Secretary" in 31:1004 are omitted as unnecessary because of the restatement and for consistency. The words "of the Treasury" in 31:1005a are omitted for consistency with other titles of the Code and as being unnecessary. In subsection (e), the words "of the Treasury" in 31:1006 and 1007 are omitted for consistency with other titles of the Code and as being unnecessary. The words "examine letters, contracts, and warrants prepared for the signature of the Secretary of the Treasury" and "by law" in 31:1007 are omitted as superseded by the source provisions restated in section 321 of the revised title. The words "carry out" and "duties and powers" are substituted for "perform" and "duties", respectively, for consistency in the revised title and with other titles of the Code. In subsection (f), the words "carry out" and "duties and powers" are substituted for "perform" and "duties", respectively, for consistency in the revised title and with other titles of the Code. The text of 26:7801(b)(3) is omitted as unnecessary because of 5:3101. The words "is absent or unable to serve or when the office of General Counsel is vacant" are substituted for "during the absence of" for clarity and consistency. The text of 31:1009(less (a)(6th sentence)) is omitted as superseded by 26:7801(b) as restated in this subsection. In subsection (f)(1), the words "governing appointment in the competitive service" are substituted for "civil service laws" to conform to 5:2102. In subsection (g), the words "The General Counsel . . . shall have charge" are omitted as superseded by the source provisions restated in subsection (b) of this section and section 321(c) of the revised title. -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointment in the competitive service, referred to in subsec. (f)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 2008 - Subsec. (e). Pub. L. 110-343 substituted "10" for "9". 2007 - Subsec. (e). Pub. L. 110-49 substituted "9 Assistant" for "8 Assistant". 2003 - Subsec. (e). Pub. L. 108-177 substituted "8" for "7". 1994 - Subsec. (d). Pub. L. 103-211 inserted "an Under Secretary for Enforcement," after "2 Under Secretaries,". 1985 - Subsec. (d). Pub. L. 99-190 substituted "2 Under Secretaries" for "an Under Secretary, an Under Secretary for Monetary Affairs" and "The President may designate one Under Secretary as Counselor" for "When appointing the Under Secretary, the President may designate the Under Secretary as Counselor". 1984 - Subsec. (e). Pub. L. 98-594 substituted "7" for "5". EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-49 applicable after the end of the 90- day period beginning on July 26, 2007, see section 12 of Pub. L. 110-49, set out as a note under section 5315 of Title 5, Government Organization and Employees. ORDER OF SUCCESSION For order of succession during any period when both Secretary and Deputy Secretary of the Treasury are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13246, Dec. 18, 2001, 66 F.R. 66270, set out as a note under section 3345 of Title 5, Government Organization and Employees. OFFICE OF SECRETARY OF THE TREASURY; COMPENSATION Pub. L. 105-61, title I, Sec. 116, Oct. 10, 1997, 111 Stat. 1284, provided that: "(a)(1) Effective beginning on the date determined under paragraph (2), the compensation and other emoluments attached to the Office of Secretary of the Treasury shall be those that would then apply if Public Law 103-2 (107 Stat. 4; 31 U.S.C. 301 note) had never been enacted. "(2) Paragraph (1) shall become effective on the later of - "(A) the day after the date on which the individual holding the Office of Secretary of the Treasury on January 1, 1997, ceases to hold that office; or "(B) the date of the enactment of this Act [Oct. 10, 1997]. "(3) Nothing in this subsection shall be considered to affect the compensation or emoluments due to any individual in connection with any period preceding the date determined under paragraph (2). "(b) Subsection (b) of the first section of the public law referred to in subsection (a)(1) of this section shall not apply in the case of any appointment the consent of the Senate to which occurs on or after the date of the enactment of this Act. "(c) This section shall not be limited (for purposes of determining whether a provision of this section applies or continues to apply) to fiscal year 1998." OFFICE OF THE UNDERSECRETARY FOR ENFORCEMENT Pub. L. 108-447, div. H, title II, Sec. 222(b)(2), Dec. 8, 2004, 118 Stat. 3245, provided that: "The Office of the Undersecretary for Enforcement of the Department of the Treasury, established in accordance with section 103 [105] of the Treasury Department Appropriations Act, 1994 (Public Law 103-123) [set out below] is abolished, and all rights, duties, and responsibilities of that office are transferred on the date of enactment of this Act [Dec. 8, 2004] to the Office of the Undersecretary for Terrorism and Financial Crimes of the Department of the Treasury in accordance with this section [enacting section 313 of this title and amending section 311 of this title], and the amendments made by this section, except as otherwise specifically provided in this section or the amendments made by this section, or other applicable law." Pub. L. 103-123, title I, Sec. 105, Oct. 28, 1993, 107 Stat. 1234, provided that: "Notwithstanding any other provision of law, the Secretary of the Treasury shall establish an Office of the Undersecretary for Enforcement within the Department of the Treasury by no later than February 15, 1994." COMPENSATION AND EMOLUMENTS OF SECRETARY OF THE TREASURY AT LEVEL IN EFFECT ON JANUARY 1, 1989; ACTIONS CHALLENGING APPOINTMENT ON CONSTITUTIONAL GROUNDS Pub. L. 103-2, Jan. 19, 1993, 107 Stat. 4, provided: "That (a) the compensation and other emoluments attached to the office of Secretary of the Treasury shall be those in effect January 1, 1989, notwithstanding any increase in such compensation or emoluments after that date under - "(1) the Ethics Reform Act of 1989 (Public Law 101-194) [see Tables for classification] or any other provision of law amended by that Act; or "(2) any other provision of law, or provision which has the force and effect of law, that is enacted or becomes effective during the period beginning at noon of January 3, 1989, and ending at noon of January 3, 1995. "(b)(1) Any person aggrieved by an action of the Secretary of the Treasury may bring a civil action in the United States District Court for the District of Columbia to contest the constitutionality of the appointment and continuance in office of the Secretary of the Treasury on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States District Court for the District of Columbia shall have exclusive jurisdiction over such a civil action, without regard to the sum or value of the matter in controversy. "(2) Any claim challenging the constitutionality of the appointment and continuance in office of the Secretary of the Treasury on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution, in an action brought under paragraph (1) shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United States Code. It shall be the duty of the district court to advance on the docket and to expedite the disposition of any matter brought under this subsection. "(3)(A) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order upon the validity of the appointment and continuance in office of the Secretary of the Treasury under article I, section 6, clause 2, of the Constitution, entered in any action brought under this subsection. Any such appeal shall be taken by a notice of appeal filed within 20 days after such judgment, decree, or order is entered. "(B) The Supreme Court shall, if it has not previously ruled on the question presented by an appeal taken pursuant to subparagraph (A), accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal. "(c) This joint resolution shall become effective at 12:00 p.m., January 20, 1993." DUTIES AND FUNCTIONS OF DEPARTMENT OF THE TREASURY Nothing in Pub. L. 101-576 [see Short Title of 1990 Amendment note set out under section 501 of this title] to be construed to interfere with exercise of functions, duties, and responsibilities of Department of the Treasury, as in effect immediately before Nov. 15, 1990, see section 204 of Pub. L. 101-576, set out as a note under section 501 of this title. -End- -CITE- 31 USC Sec. 302 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 302. Treasury of the United States -STATUTE- The United States Government has a Treasury of the United States. The Treasury is in the Department of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 302 31:472. R.S. Sec. 3591. -------------------------------------------------------------------- The section is substituted for the source provisions to eliminate unnecessary words and because of subsequent laws and the restatement in the revised title about the authority of the Secretary of the Treasury and coins, currency, accounts, depositaries, and public debt of the United States Government. -End- -CITE- 31 USC Sec. 303 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 303. Bureau of Engraving and Printing -STATUTE- (a) The Bureau of Engraving and Printing is a bureau in the Department of the Treasury. (b) The head of the Bureau is the Director of the Bureau of Engraving and Printing appointed by the Secretary of the Treasury. The Director - (1) shall carry out duties and powers prescribed by the Secretary; and (2) reports directly to the Secretary. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 303 31:171. June 4, 1897, ch. 2, Sec. 1(4th proviso on p. 18), 30 Stat. 18. -------------------------------------------------------------------- In subsection (a), the words "a bureau in the Department of the Treasury" are added for clarity and consistency in chapter 3 of the revised title. In subsection (b), the first sentence is substituted for the words before the first comma because of the source provisions restated in section 321(c) of the revised title. Clause (1) is substituted for "subject to the direction of the Secretary of the Treasury" for consistency in the revised title and with other titles of the United States Code. The words "and be responsible" are omitted as being included in "reports directly to" and because of section 301 of the revised title. -End- -CITE- 31 USC Sec. 304 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 304. United States Mint -STATUTE- (a) The United States Mint is a bureau in the Department of the Treasury. (b)(1) The head of the Mint is the Director of the Mint. The Director is appointed by the President, by and with the advice and consent of the Senate. The term of the Director is 5 years. The President may remove the Director from office. On removal, the President shall send a message to the Senate giving the reasons for removal. (2) The Director shall carry out duties and powers prescribed by the Secretary of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879; Pub. L. 102-390, title II, Sec. 225(a), (b)(1), (2), Oct. 6, 1992, 106 Stat. 1629.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 304(a) 31:251(1st sentence R.S. Sec. 343(less 1st less words after sentence words after 1st 1st comma). comma). 304(b)(1) 31:251(2d sentence words before comma, last sentence). 304(b)(2) 31:251(2d sentence words after comma). -------------------------------------------------------------------- In subsection (b)(1), the word "head" is substituted for "chief officer" in 31:251 for clarity and consistency in the revised title and with other titles of the United States Code. The word "is" is substituted for "shall be denominated" to eliminate unnecessary words. In subsection (b)(2), the words "The Director shall carry out duties and powers prescribed by the Secretary of the Treasury" are substituted for "and shall be under the general direction of the Secretary of the Treasury" for clarity and consistency in the revised title. AMENDMENTS 1992 - Pub. L. 102-390, Sec. 225(b)(2), substituted "United States Mint" for "Bureau of the Mint" in section catchline. Subsec. (a). Pub. L. 102-390, Sec. 225(a), substituted "United States Mint" for "Bureau of the Mint". Subsec. (b)(1). Pub. L. 102-390, Sec. 225(b)(1), substituted "head of the Mint" for "head of the Bureau". -End- -CITE- 31 USC Sec. 305 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 305. Federal Financing Bank -STATUTE- The Federal Financing Bank, established under section 4 of the Federal Financing Bank Act of 1973 (12 U.S.C. 2283), is subject to the direction and supervision of the Secretary of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 305 (no source). -------------------------------------------------------------------- The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury. -End- -CITE- 31 USC Sec. 306 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 306. Fiscal Service -STATUTE- (a) The Fiscal Service is a service in the Department of the Treasury. (b) The head of the Fiscal Service is the Fiscal Assistant Secretary appointed under section 301(d) of this title. (c) The Fiscal Service has a - (1) Bureau of Government Financial Operations, having as its head a Commissioner of Government Financial Operations; and (2) Bureau of the Public Debt, having as its head a Commissioner of the Public Debt. (d) The Secretary of the Treasury may designate another officer or employee of the Department to act as the Fiscal Assistant Secretary when the Fiscal Assistant Secretary is absent or unable to serve or when the office of Fiscal Assistant Secretary is vacant. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 879; Pub. L. 108-458, title VII, Sec. 7801, Dec. 17, 2004, 118 Stat. 3860.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 306 5 App. Reorg. Plan No. 3 of 1940, eff. June 30, 1940, Sec. 1(less (a)(7)(1st sentence), (d)), 54 Stat. 1231. -------------------------------------------------------------------- In subsection (a), the word "service" is substituted for "agency" in section 1(a)(1)(words before last comma) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1232) for consistency in the revised title. The words related to the organizational units being consolidated into the Fiscal Service are omitted as executed. In subsection (b), the text of section 1(a)(7)(2d sentence) of Reorganization Plan No. 3 of 1940 is omitted because of the source provisions restated in section 301(d) of the revised title. In subsection (c), the words "Office of the Fiscal Assistant Secretary" in section 1(a)(2) of Reorganization Plan No. 3 of 1940 are omitted as unnecessary and for consistency in chapter 3 of the revised title. The words "the Office of the Treasurer of the United States" are omitted because this office is no longer in the Fiscal Service. See Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words "Bureau of Government Financial Operations" are substituted for "Bureau of Accounts" because of Treasury Order 229 and appropriation Acts beginning with fiscal year 1975. The text of section 1(a)(2)(last sentence) is omitted as unnecessary because of section 301 of the revised title. The words "Commissioner of Government Financial Operations" are substituted for "Commissioner of Accounts and Deposits" in section 1(a)(3) of the Reorganization Plan because of Treasury Order 229 and appropriation Acts beginning with fiscal year 1975. The words before the last comma are omitted as executed. The words related to the organizational units, in section 1(a)(4) of the Reorganization Plan, that are being consolidated into the Bureau of the Public Debt are omitted as executed. Subsection (d) is substituted for the text of section 1(a)(7)(last sentence) of Reorganization Plan No. 3 of 1940 for consistency in the revised title. The text of section 1(a)(5) and (6), (b), and (c) is omitted as superseded by the source provisions restated in section 321 of the revised title. -REFTEXT- REFERENCES IN TEXT The Bureau of Government Financial Operations, referred to in subsec. (c)(1), is now known as the Financial Management Service and has as its head a Commissioner of the Financial Management Service. -MISC2- AMENDMENTS 2004 - Subsec. (d). Pub. L. 108-458 inserted "or employee" after "another officer". REIMBURSEMENT OF FINANCIAL MANAGEMENT SERVICE AND BUREAU OF THE PUBLIC DEBT Pub. L. 105-277, div. A, Sec. 101(h) [title I], Oct. 21, 1998, 112 Stat. 2681-480, 2681-486, provided in part: "That notwithstanding any other provisions of law, effective upon enactment [Oct. 21, 1998] and thereafter, the Bureau of the Public Debt shall be fully and directly reimbursed by the funds described in section 104 of Public Law 101-136 (103 Stat. 789) [set out below] for costs and services performed by the Bureau in the administration of such funds." Similar provisions were contained in Pub. L. 105-61, title I, Oct. 10, 1997, 111 Stat. 1279. Pub. L. 103-329, title I, Sec. 105, Sept. 30, 1994, 108 Stat. 2390, provided that: "Notwithstanding any other provision of law, beginning in fiscal year 1995 and thereafter, the Financial Management Service (FMS) shall be reimbursed, for postage incurred by FMS to make check payments on their behalf, by: the Department of Veterans Affairs, for the mailing of Compensation and Pension benefit payments; the Department of Health and Human Services, for the mailing of Supplemental Security Income payments; and the Office of Personnel Management, for the mailing of Retirement payments. Such reimbursement shall be due beginning with checks mailed on October 1, 1994, and such reimbursement shall occur on a monthly basis." Pub. L. 102-393, title I, Sec. 105, Oct. 6, 1992, 106 Stat. 1737, provided that: "Notwithstanding any other provision of law, beginning October 1, 1992, and thereafter, the Financial Management Service (FMS) shall be reimbursed by the Internal Revenue Service (IRS) and the Department of Agriculture, National Finance Center (NFC), for the postage costs the FMS incurs to make check payments on behalf of the IRS and the NFC." Pub. L. 101-136, title I, Sec. 104, Nov. 3, 1989, 103 Stat. 789, provided that: "Notwithstanding any other provision of law, beginning October 1, 1990, and thereafter, the Financial Management Service shall be fully and directly reimbursed from the Social Security Trust Funds for the costs it incurs in the issuance of Social Security Trust Funds benefit payments, including all physical costs associated with payment preparation and postage costs. Such direct reimbursement shall also be made for all other trust and special funds which are the recipients of services performed by the Financial Management Service and which prior to enactment of this provision [Nov. 3, 1989] reimburse the General Fund of the Treasury for such services." -End- -CITE- 31 USC Sec. 307 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 307. Office of the Comptroller of the Currency -STATUTE- The Office of the Comptroller of the Currency, established under section 324 of the Revised Statutes (12 U.S.C. 1), is an office in the Department of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 307 (no source). -------------------------------------------------------------------- The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury. The title "Office of the Comptroller of the Currency" and the word "office" are used to reflect the name that this organizational unit of the Department of the Treasury historically has been given. -End- -CITE- 31 USC Sec. 308 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 308. United States Customs Service -STATUTE- The United States Customs Service, established under section 1 of the Act of March 3, 1927 (19 U.S.C. 2071), is a service in the Department of the Treasury. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 308 (no source). -------------------------------------------------------------------- The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury. -CHANGE- CHANGE OF NAME Bureau of Customs redesignated United States Customs Service by Treasury Department Order 165-23, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -End- -CITE- 31 USC Sec. 309 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 309. Office of Thrift Supervision -STATUTE- The Office of Thrift Supervision established under section 3(a) of the Home Owners' Loan Act shall be an office in the Department of the Treasury. -SOURCE- (Added Pub. L. 101-73, title III, Sec. 307(a)(1), Aug. 9, 1989, 103 Stat. 352; amended Pub. L. 103-272, Sec. 4(f)(1)(A), July 5, 1994, 108 Stat. 1361.) -REFTEXT- REFERENCES IN TEXT Section 3(a) of the Home Owners' Loan Act, referred to in text, is classified to section 1462a(a) of Title 12, Banks and Banking. -MISC1- PRIOR PROVISIONS A prior section 309 was renumbered section 312 of this title. AMENDMENTS 1994 - Pub. L. 103-272 substituted "section 3(a)" for "section 2A(a)". -End- -CITE- 31 USC Sec. 310 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 310. Financial Crimes Enforcement Network -STATUTE- (a) In General. - The Financial Crimes Enforcement Network established by order of the Secretary of the Treasury (Treasury Order Numbered 105-08, in this section referred to as "FinCEN") on April 25, 1990, shall be a bureau in the Department of the Treasury. (b) Director. - (1) Appointment. - The head of FinCEN shall be the Director, who shall be appointed by the Secretary of the Treasury. (2) Duties and powers. - The duties and powers of the Director are as follows: (A) Advise and make recommendations on matters relating to financial intelligence, financial criminal activities, and other financial activities to the Under Secretary of the Treasury for Enforcement. (B) Maintain a government-wide data access service, with access, in accordance with applicable legal requirements, to the following: (i) Information collected by the Department of the Treasury, including report information filed under subchapter II of chapter 53 of this title (such as reports on cash transactions, foreign financial agency transactions and relationships, foreign currency transactions, exporting and importing monetary instruments, and suspicious activities), chapter 2 of title I of Public Law 91-508, and section 21 of the Federal Deposit Insurance Act. (ii) Information regarding national and international currency flows. (iii) Other records and data maintained by other Federal, State, local, and foreign agencies, including financial and other records developed in specific cases. (iv) Other privately and publicly available information. (C) Analyze and disseminate the available data in accordance with applicable legal requirements and policies and guidelines established by the Secretary of the Treasury and the Under Secretary of the Treasury for Enforcement to - (i) identify possible criminal activity to appropriate Federal, State, local, and foreign law enforcement agencies; (ii) support ongoing criminal financial investigations and prosecutions and related proceedings, including civil and criminal tax and forfeiture proceedings; (iii) identify possible instances of noncompliance with subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91-508, and section 21 of the Federal Deposit Insurance Act to Federal agencies with statutory responsibility for enforcing compliance with such provisions and other appropriate Federal regulatory agencies; (iv) evaluate and recommend possible uses of special currency reporting requirements under section 5326; (v) determine emerging trends and methods in money laundering and other financial crimes; (vi) support the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism; and (vii) support government initiatives against money laundering. (D) Establish and maintain a financial crimes communications center to furnish law enforcement authorities with intelligence information related to emerging or ongoing investigations and undercover operations. (E) Furnish research, analytical, and informational services to financial institutions, appropriate Federal regulatory agencies with regard to financial institutions, and appropriate Federal, State, local, and foreign law enforcement authorities, in accordance with policies and guidelines established by the Secretary of the Treasury or the Under Secretary of the Treasury for Enforcement, in the interest of detection, prevention, and prosecution of terrorism, organized crime, money laundering, and other financial crimes. (F) Assist Federal, State, local, and foreign law enforcement and regulatory authorities in combatting the use of informal, nonbank networks and payment and barter system mechanisms that permit the transfer of funds or the equivalent of funds without records and without compliance with criminal and tax laws. (G) Provide computer and data support and data analysis to the Secretary of the Treasury for tracking and controlling foreign assets. (H) Coordinate with financial intelligence units in other countries on anti-terrorism and anti-money laundering initiatives, and similar efforts. (I) Administer the requirements of subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91-508, and section 21 of the Federal Deposit Insurance Act, to the extent delegated such authority by the Secretary of the Treasury. (J) Such other duties and powers as the Secretary of the Treasury may delegate or prescribe. (c) Requirements Relating to Maintenance and Use of Data Banks. - The Secretary of the Treasury shall establish and maintain operating procedures with respect to the government-wide data access service and the financial crimes communications center maintained by FinCEN which provide - (1) for the coordinated and efficient transmittal of information to, entry of information into, and withdrawal of information from, the data maintenance system maintained by FinCEN, including - (A) the submission of reports through the Internet or other secure network, whenever possible; (B) the cataloguing of information in a manner that facilitates rapid retrieval by law enforcement personnel of meaningful data; and (C) a procedure that provides for a prompt initial review of suspicious activity reports and other reports, or such other means as the Secretary may provide, to identify information that warrants immediate action; and (2) in accordance with section 552a of title 5 and the Right to Financial Privacy Act of 1978, appropriate standards and guidelines for determining - (A) who is to be given access to the information maintained by FinCEN; (B) what limits are to be imposed on the use of such information; and (C) how information about activities or relationships which involve or are closely associated with the exercise of constitutional rights is to be screened out of the data maintenance system. (d) Authorization of Appropriations. - (1) In general. - There are authorized to be appropriated for FinCEN such sums as may be necessary for fiscal years 2002, 2003, 2004, and 2005. (2) Authorization for funding key technological improvements in mission-critical fincen systems. - There are authorized to be appropriated for fiscal year 2005 the following amounts, which are authorized to remain available until expended: (A) BSA direct. - For technological improvements to provide authorized law enforcement and financial regulatory agencies with Web-based access to FinCEN data, to fully develop and implement the highly secure network required under section 362 of Public Law 107-56 to expedite the filing of, and reduce the filing costs for, financial institution reports, including suspicious activity reports, collected by FinCEN under chapter 53 and related provisions of law, and enable FinCEN to immediately alert financial institutions about suspicious activities that warrant immediate and enhanced scrutiny, and to provide and upgrade advanced information-sharing technologies to materially improve the Government's ability to exploit the information in the FinCEN data banks, $16,500,000. (B) Advanced analytical technologies. - To provide advanced analytical tools needed to ensure that the data collected by FinCEN under chapter 53 and related provisions of law are utilized fully and appropriately in safeguarding financial institutions and supporting the war on terrorism, $5,000,000. (C) Data networking modernization. - To improve the telecommunications infrastructure to support the improved capabilities of the FinCEN systems, $3,000,000. (D) Enhanced compliance capability. - To improve the effectiveness of the Office of Compliance in FinCEN, $3,000,000. (E) Detection and prevention of financial crimes and terrorism. - To provide development of, and training in the use of, technology to detect and prevent financial crimes and terrorism within and without the United States, $8,000,000. -SOURCE- (Added Pub. L. 107-56, title III, Sec. 361(a)(2), Oct. 26, 2001, 115 Stat. 329; amended Pub. L. 108-458, title VI, Secs. 6101, 6203(a), Dec. 17, 2004, 118 Stat. 3744, 3746.) -REFTEXT- REFERENCES IN TEXT Chapter 2 of title I of Public Law 91-508, referred to in subsec. (b)(2)(B)(i), (C)(iii), (I), is chapter 2 (Secs. 121-129) of title I of Pub. L. 91-508, Oct. 26, 1970, 84 Stat. 1116, which is classified generally to chapter 21 (Sec. 1951 et seq.) of Title 12, Banks and Banking. For complete classification of chapter 2 to the Code, see Tables. Section 21 of the Federal Deposit Insurance Act, referred to in subsec. (b)(2)(B)(i), (C)(iii), (I), is classified to section 1829b of Title 12, Banks and Banking. The Right to Financial Privacy Act of 1978, referred to in subsec. (c)(2), is title XI of Pub. L. 95-630, Nov. 10, 1978, 92 Stat. 3697, as amended, which is classified generally to chapter 35 (Sec. 3401 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 12 and Tables. Section 362 of Public Law 107-56, referred to in subsec. (d)(2)(A), is set out as a note below. -MISC1- PRIOR PROVISIONS A prior section 310 was renumbered section 312 of this title. AMENDMENTS 2004 - Subsec. (c)(1), (2)(A). Pub. L. 108-458, Sec. 6203(a), substituted "FinCEN" for "the Network". Subsec. (d). Pub. L. 108-458, Sec. 6101, designated existing provisions as par. (1), inserted par. heading, and added par. (2). EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 6203(a) of Pub. L. 108-458 effective as if included in Pub. L. 107-56, as of the date of enactment of such Act, and no amendment made by Pub. L. 107-56 that is inconsistent with such amendment to be deemed to have taken effect, see section 6205 of Pub. L. 108-458, set out as a note under section 1828 of Title 12, Banks and Banking. ESTABLISHMENT OF HIGHLY SECURE NETWORK Pub. L. 107-56, title III, Sec. 362, Oct. 26, 2001, 115 Stat. 332, as amended by Pub. L. 108-458, title VI, Sec. 6202(m), Dec. 17, 2004, 118 Stat. 3746, provided that: "(a) In General. - The Secretary [of the Treasury] shall establish a highly secure network in the Financial Crimes Enforcement Network that - "(1) allows financial institutions to file reports required under subchapter II of chapter 53 of title 31, United States Code, chapter 2 of Public Law 91-508 [probably means chapter 2 (Secs. 121 to 129) of title I of Pub. L. 91-508 (12 U.S.C. 1951 et seq.)], or section 21 of the Federal Deposit Insurance Act [12 U.S.C. 1829b] through the secure network; and "(2) provides financial institutions with alerts and other information regarding suspicious activities that warrant immediate and enhanced scrutiny. "(b) Expedited Development. - The Secretary shall take such action as may be necessary to ensure that the secure network required under subsection (a) is fully operational before the end of the 9-month period beginning on the date of enactment of this Act [Oct. 26, 2001]." -End- -CITE- 31 USC Sec. 311 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 311. Office of Intelligence and Analysis -STATUTE- (a) Establishment. - There is established within the Department of the Treasury, the Office of Intelligence and Analysis (in this section referred to as the "Office"), which shall - (1) be within the Office of Terrorism and Financial Intelligence; (2) be responsible for the receipt, analysis, collation, and dissemination of foreign intelligence and foreign counterintelligence information (within the meaning of section 3 of the National Security Act of 1947 (50 U.S.C. 401a)) related to the operation and responsibilities of the Department of the Treasury; and (3) have such other related duties and authorities as may be assigned to it by the Secretary, subject to the authority, direction, and control of the Secretary. (b) Assistant Secretary for Intelligence and Analysis. - The Office shall be headed by an Assistant Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall report directly to the Undersecretary of the Treasury for Terrorism and Financial Crimes. -SOURCE- (Added Pub. L. 108-177, title I, Sec. 105(a)(1)(B), Dec. 13, 2003, 117 Stat. 2603; amended Pub. L. 108-447, div. H, title II, Sec. 222(b)(1), Dec. 8, 2004, 118 Stat. 3245.) -MISC1- PRIOR PROVISIONS A prior section 311 was renumbered section 312 of this title. AMENDMENTS 2004 - Subsec. (a). Pub. L. 108-447, Sec. 222(b)(1)(A), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Subsec. (b). Pub. L. 108-447, Sec. 222(b)(1)(B), substituted "Terrorism and Financial Crimes" for "Enforcement". CONSTRUCTION Pub. L. 108-177, title I, Sec. 105(b), Dec. 13, 2003, 117 Stat. 2603, provided that: "Nothing in section 311 of title 31, United States Code (as amended by subsection (a)), shall be construed to alter the authorities and responsibilities of the Director of Central Intelligence with respect to the Office of Intelligence and Analysis of the Department of the Treasury as an element of the intelligence community." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense.] -End- -CITE- 31 USC Sec. 312 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 312. Continuing in office -STATUTE- When the term of office of an officer of the Department of the Treasury ends, the officer may continue to serve until a successor is appointed and qualified. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880, Sec. 309; renumbered Sec. 310, Pub. L. 101-73, title III, Sec. 307(a)(1), Aug. 9, 1989, 103 Stat. 352; renumbered Sec. 311, Pub. L. 107-56, title III, Sec. 361(a)(1), Oct. 26, 2001, 115 Stat. 329; renumbered Sec. 312, Pub. L. 108-177, title I, Sec. 105(a)(1)(A), Dec. 13, 2003, 117 Stat. 2603.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 309 31:1016. Mar. 2, 1895, ch. 187 (1st par. under heading "Treasury Department"), 28 Stat. 844. -------------------------------------------------------------------- In the section, the words "When the term of office . . . ends" are substituted for "whose terms of office have expired or shall expire" for consistency and to eliminate unnecessary words. The words "may continue to serve" are substituted for "The Secretary of the Treasury is authorized and directed to pay", "and who have been performing or shall perform the duties of their respective offices after the date of such expiration", and "the salary, compensation, fees, or emoluments authorized or provided by law in each case for the respective incumbents of the offices" because of 25 Op. Atty. Gen. 636 (1906) and for consistency with other titles of the United States Code. The words "until a successor is appointed and qualified" are substituted for "before the appointment and qualification of their successors" and 31:1016 (last sentence) for consistency with other titles of the Code. AMENDMENTS 2003 - Pub. L. 108-177 renumbered section 311 of this title as this section. 2001 - Pub. L. 107-56 renumbered section 310 of this title as this section. 1989 - Pub. L. 101-73 renumbered section 309 of this title as this section. -End- -CITE- 31 USC Sec. 313 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 313. Terrorism and Financial Intelligence -STATUTE- (a) Office of Terrorism and Financial Intelligence. - (1) Establishment. - There is established within the Department of the Treasury the Office of Terrorism and Financial Intelligence (in this section referred to as "OTFI"), which shall be the successor to any such office in existence on the date of enactment of this section. (2) Leadership. - (A) Undersecretary. - There is established within the Department of the Treasury, the Office of the Undersecretary for Terrorism and Financial Crimes, who shall serve as the head of the OTFI, and shall report to the Secretary of the Treasury through the Deputy Secretary of the Treasury. The Office of the Undersecretary for Terrorism and Financial Crimes shall be the successor to the Office of the Undersecretary for Enforcement. (B) Appointment. - The Undersecretary for Terrorism and Financial Crimes shall be appointed by the President, by and with the advice and consent of the Senate. (3) Assistant secretary for terrorist financing. - (A) Establishment. - There is established within the OTFI the position of Assistant Secretary for Terrorist Financing. (B) Appointment. - The Assistant Secretary for Terrorist Financing shall be appointed by the President, by and with the advice and consent of the Senate. (C) Duties. - The Assistant Secretary for Terrorist Financing shall be responsible for formulating and coordinating the counter terrorist financing and anti-money laundering efforts of the Department of the Treasury, and shall report directly to the Undersecretary for Terrorism and Financial Crimes. (4) Functions. - The functions of the OTFI include providing policy, strategic, and operational direction to the Department on issues relating to - (A) implementation of titles I and II of the Bank Secrecy Act; (B) United States economic sanctions programs; (C) combating terrorist financing; (D) combating financial crimes, including money laundering, counterfeiting, and other offenses threatening the integrity of the banking and financial systems; (E) other enforcement matters; (F) those intelligence analysis and coordination functions described in subsection (b); and (G) the security functions and programs of the Department of the Treasury. (5) Reports to congress on proposed measures. - The Undersecretary for Terrorism and Financial Crimes and the Assistant Secretary for Terrorist Financing shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives not later than 72 hours after proposing by rule, regulation, order, or otherwise, any measure to reorganize the structure of the Department for combatting money laundering and terrorist financing, before any such proposal becomes effective. (6) Other offices within otfi. - Notwithstanding any other provision of law, the following offices of the Department of the Treasury shall be within the OTFI: (A) The Office of the Assistant Secretary for Intelligence and Analysis, which shall report directly to the Undersecretary for Terrorism and Financial Crimes. (B) The Office of the Assistant Secretary for Terrorist Financing, which shall report directly to the Undersecretary for Terrorism and Financial Crimes. (C) The Office of Foreign Assets Control (in this section referred to as the "OFAC"), which shall report directly to the Undersecretary for Terrorism and Financial Crimes. (D) The Executive Office for Asset Forfeiture, which shall report to the Undersecretary for Terrorism and Financial Crimes. (E) The Office of Intelligence and Analysis (in this section referred to as the "OIA"), which shall report to the Assistant Secretary for Intelligence and Analysis. (F) The Office of Terrorist Financing, which shall report to the Assistant Secretary for Terrorist Financing. (7) FinCEN. - (A) Reporting to undersecretary. - The Financial Crimes Enforcement Network (in this section referred to as "FinCEN"), a bureau of the Department of the Treasury, shall report to the Undersecretary for Terrorism and Financial Crimes. The Undersecretary for Terrorism and Financial Crimes may not redelegate its reporting authority over FinCEN. (B) Office of compliance. - There is established within FinCEN, an Office of Compliance. (b) Office of Intelligence and Analysis. - (1) Assistant secretary for intelligence and analysis. - The Assistant Secretary for Intelligence and Analysis shall head the OIA. (2) Responsibilities. - The OIA shall be responsible for the receipt, analysis, collation, and dissemination of intelligence and counterintelligence information related to the operations and responsibilities of the entire Department of the Treasury, including all components and bureaus of the Department. (3) Primary functions. - The primary functions of the OIA are - (A) to build a robust analytical capability on terrorist finance by coordinating and overseeing work involving intelligence analysts in all components of the Department of the Treasury, focusing on the highest priorities of the Department, as well as ensuring that the existing intelligence needs of the OFAC and FinCEN are met; and (B) to provide intelligence support to senior officials of the Department on a wide range of international economic and other relevant issues. (4) Other functions and duties. - The OIA shall - (A) carry out the intelligence support functions that are assigned, to the Office of Intelligence Support under section 311 (pursuant to section 105 of the Intelligence Authorization Act for Fiscal Year 2004); (B) serve in a liaison capacity with the intelligence community; and (C) represent the Department in various intelligence related activities. (5) Duties of the assistant secretary. - The Assistant Secretary for Intelligence and Analysis shall serve as the Senior Officer Intelligence Community, and shall represent the Department in intelligence community fora, including the National Foreign Intelligence Board committees and the Intelligence Community Management Staff. (c) Delegation. - To the extent that any authorities, powers, and responsibilities over enforcement matters delegated to the Undersecretary for Terrorism and Financial Crimes, or the positions of Assistant Secretary for Terrorism and Financial Crimes, Assistant Secretary for Enforcement and Operations, or Deputy Assistant Secretary for Terrorist Financing and Financial Crimes, have not been transferred to the Department of Homeland Security, the Department of Justice, or the Assistant Secretary for Tax Policy (related to the customs revenue functions of the Bureau of Alcohol and Tobacco Tax and Trade), those remaining authorities, powers, and responsibilities are delegated to the Undersecretary for Terrorism and Financial Crimes. (d) Designation as Enforcement Organization. - The Office of Terrorism and Financial Intelligence (including any components thereof) is designated as a law enforcement organization of the Department of the Treasury for purposes of section 9703 of title 31, United States Code, and other relevant authorities. (e) Use of Existing Resources. - The Secretary may employ personnel, facilities, and other Department of the Treasury resources available to the Secretary on the date of enactment of this section in carrying out this section, except as otherwise prohibited by law. (f) References. - References in this section to the "Secretary", "Undersecretary", "Deputy Secretary", "Deputy Assistant Secretary", "Office", "Assistant Secretary", and "Department" are references to positions and offices of the Department of the Treasury, unless otherwise specified. -SOURCE- (Added Pub. L. 108-447, div. H, title II, Sec. 222(a), Dec. 8, 2004, 118 Stat. 3242.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this section, referred to in subsecs. (a)(1) and (e), is the date of the enactment of Pub. L. 108-447, which was approved Dec. 8, 2004. For the Bank Secrecy Act, referred to in subsec. (a)(4)(A), see Short Title note set out under section 1951 of Title 12, Banks and Banking, and Tables. Section 105 of the Intelligence Authorization Act for Fiscal Year 2004, referred to in subsec. (b)(4)(A), is section 105 of Pub. L. 108-177, title I, Dec. 13, 2003, 117 Stat. 2603, which enacted section 311 of this title. For complete classification of section 105 to the Code, see Tables. Section 9703 of title 31, referred to in subsec. (d), probably means the section 9703 of this title added by section 638(b)(1) of Pub. L. 102-393. -CHANGE- CHANGE OF NAME Reference to Community Management Staff deemed to be a reference to the staff of the Office of the Director of National Intelligence, see section 1081(c) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense. -End- -CITE- 31 USC SUBCHAPTER II - ADMINISTRATIVE 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- SUBCHAPTER II - ADMINISTRATIVE -End- -CITE- 31 USC Sec. 321 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 321. General authority of the Secretary -STATUTE- (a) The Secretary of the Treasury shall - (1) prepare plans for improving and managing receipts of the United States Government and managing the public debt; (2) carry out services related to finances that the Secretary is required to perform; (3) issue warrants for money drawn on the Treasury consistent with appropriations; (4) mint coins, engrave and print currency and security documents, and refine and assay bullion, and may strike medals; (5) prescribe regulations that the Secretary considers best calculated to promote the public convenience and security, and to protect the Government and individuals from fraud and loss, that apply to anyone who may - (A) receive for the Government, Treasury notes, United States notes, or other Government securities; or (B) be engaged or employed in preparing and issuing those notes or securities; (6) collect receipts; (7) with a view to prosecuting persons, take steps to discover fraud and attempted fraud involving receipts and decide on ways to prevent and detect fraud; and (8) maintain separate accounts of taxes received in each State, territory, and possession of the United States, and collection district, with each account listing - (A) each kind of tax; (B) the amount of each tax; and (C) the money paid as pay and allowances to officers and employees of the Department collecting taxes in that State, territory, possession, or district. (b) The Secretary may - (1) prescribe regulations to carry out the duties and powers of the Secretary; (2) delegate duties and powers of the Secretary to another officer or employee of the Department of the Treasury; (3) transfer within the Department the records, property, officers, employees, and unexpended balances of appropriations, allocations, and amounts of the Department that the Secretary considers necessary to carry out a delegation made under clause (2) of this subsection; (4) detail, in addition to details authorized under another law, not more than 6 officers and employees of the Department at any one time to enforce the laws related to the Department, except that of those 6 officers and employees not more than 4 officers and employees - (A) paid from the appropriations for the collection of customs may be so detailed; (B) paid from the appropriations for internal revenue may be so detailed; and (C) paid from the appropriations for suppressing counterfeiting and other crimes may be so detailed; (5) authorize, at rates and under conditions prescribed by the Secretary, the private use of telephone lines controlled by the Department when the use does not interfere with Department business; (6) buy arms and ammunition required by officers and employees of the Department in carrying out their duties and powers; and (7) notwithstanding any other provision of law, fulfill any requirement to issue a report on the financial condition of any fund on the books of the Treasury by including the required information in a consolidated report, except that information with respect to a specific fund shall be separately reported if the Secretary determines that the consolidation of such information would result in an unwarranted delay in the availability of such information. (c) Duties and powers of officers and employees of the Department are vested in the Secretary except duties and powers - (1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Secretary; (2) of the Comptroller of the Currency; and (3) of the Director of the Office of Thrift Supervision; (d)(1) The Secretary of the Treasury may accept, hold, administer, and use gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department of the Treasury. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed on order of the Secretary of the Treasury. Property accepted under this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest. (2) For purposes of the Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for the use of the United States. (3) The Secretary of the Treasury may invest and reinvest the fund in public debt securities with maturities suitable for the needs of the fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Income accruing from the securities, and from any other property accepted under paragraph (1), shall be deposited to the credit of the fund, and shall be disbursed on order of the Secretary of the Treasury for purposes as nearly as possible in accordance with the terms of the gifts or bequests. (4) The Secretary of the Treasury shall, not less frequently than annually, make a public disclosure of the amount (and sources) of the gifts and bequests received under this subsection, and the purposes for which amounts in the separate fund established under this subsection are expended. (e) Certain Reorganization Prohibited. - The Secretary of the Treasury may not merge or consolidate the Office of Thrift Supervision, or any of the functions or responsibilities of the Office or the Director of such office, with the Office of the Comptroller of the Currency or the Comptroller of the Currency. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 880; Pub. L. 98-369, div. A, title IV, Sec. 445, July 18, 1984, 98 Stat. 816; Pub. L. 101-73, title III, Sec. 307(b), (d), Aug. 9, 1989, 103 Stat. 353; Pub. L. 104-66, title I, Sec. 1132(b), Dec. 21, 1995, 109 Stat. 725.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 321(a)( 31:1002(less words R.S. Sec. 248(less words 1)- (3) between 1st and 2d between 4th and 5th semicolons and semicolons). between 4th and 5th semicolons). 321(a)(4) (no source). 321(a)(5) 31:427. R.S. Sec. 251(words after "Treasury" and before "shall prescribe forms of entries"). 321(a)(6) 31:1002(words between 1st and 2d semicolons). 321(a)(7) 31:1011. R.S. Sec. 376; May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759. 321(a)(8) 31:1024. R.S. Secs. 239, 261; Feb. 18, 1875, ch. 80, Sec. 1(3d complete par. on p. 317), 18 Stat. 317; Aug. 7, 1946, ch. 770, Sec. 1(48), 60 Stat. 870. 321(b)(1) 31:127. Oct. 9, 1940, ch. 796, Sec. 5, 54 Stat. 1087. 31:317f. Dec. 18, 1942, ch. 767, Sec. 7, 56 Stat. 1066. 31:397. July 23, 1965, Pub. L. 89-81, Sec. 107, 79 Stat. 255. 31:528(d). R.S. Sec. 3646(d); July 8, 1937, ch. 444, Sec. 9, 50 Stat. 483; restated Dec. 3, 1945, ch. 515, Sec. 1, 59 Stat. 593. 31:564. Nov. 21, 1941, ch. 489, Sec. 5, 55 Stat. 778; Dec. 22, 1974, Pub. L. 93-539, Sec. 1(a) (related to Sec. 4), 88 Stat. 1738. 31:1053. Oct. 26, 1970, Pub. L. 91-508, Sec. 204, 84 Stat. 1120. 31:1262(a). Oct. 20, 1972, Pub. L. 92-512, Sec. 142(a), 86 Stat. 935. 321(b)( 31:1001(note). Reorg. Plan No. 26 of 1950, 2), (3) eff. July 31, 1950, Secs. 2, 4, 64 Stat. 1281. 321(b)(4) 31:1017. June 12, 1917, ch. 27, Sec. 1(4th par. under heading "Miscellaneous Objects, Treasury Department"), 40 Stat. 118; Mar. 4, 1921, ch. 161, Sec. 1(1st par. under heading "Miscellaneous Objects, Treasury Department"), 41 Stat. 1374. 321(b)(5) 31:486. Apr. 28, 1904, ch. 1762, Sec. 1(proviso immediately before heading "Revenue-Cutter Service"), 33 Stat. 460. 321(b)(6) 31:1023(a). June 1, 1955, ch. 119, Sec. 1(a), 69 Stat. 82. 321(c) 31:1001(note). Reorg. Plan No. 26 of 1950, eff. July 31, 1950, Sec. 1(a), (b), 64 Stat. 1280. -------------------------------------------------------------------- In subsection (a)(1)-(3), the words between the 2d and 3d semicolons are omitted as superseded by section 3512 of the revised title. In subsection (a)(1), the word "digest" is omitted as being included in "prepare". The word "receipts" is substituted for "revenue", and the words "managing the public debt" are substituted for "for the support of the public credit", for consistency in the revised title. In subsection (a)(2), the words "carry out" are substituted for "generally shall perform" for consistency in the revised title and with other titles of the United States Code. The words "that the Secretary is required" are substituted for "as he shall be directed" because of the restatement. In subsection (a)(3), the word "issue" is substituted for "shall grant" for consistency. The words "under limitations herein established or to be provided" are omitted as unnecessary. The word "consistent" is substituted for "in pursuance of", and the words "by law" are omitted, for consistency. Subsection (a)(4) is included to reflect all the major duties of the Secretary of the Treasury. See chapter 51 of the revised title. In subsection (a)(5), before subclause (A), the words "prescribe regulations" are substituted for "make and issue from time to time such instructions and regulations" for consistency in the revised title and to eliminate unnecessary words. The words "applicable to anyone" are substituted for "to the several collectors, receivers, depositaries, officers, and others" for clarity and to eliminate unnecessary words. In subclause (A), the words "for the Government" are inserted because section 8 of the Act of June 30, 1864 (ch. 172, 13 Stat. 221), from which section 251 of the Revised Statutes is derived, used the phrase "in behalf of the United States". In subclause (B), the words "those notes and securities" are substituted for "the same" for clarity. In subsection (a)(6), the word "collect" is substituted for "superintend the collection" because of the source provisions restated in section 321(c) of the revised title. The word "receipts" is substituted for "revenue" for consistency in the revised title. In subsection (a)(7), the words "Secretary of the Treasury" are substituted for "General Counsel of the Department of the Treasury, under the direction of the Secretary of the Treasury" because of the source provisions restated in subsection (c) of this section. The words "with a view to prosecuting persons" are substituted for "for the prosecution of persons charged with the commission thereof" for clarity. The words "take steps to discover fraud and attempted fraud" are substituted for "take cognizance of all frauds or attempted frauds" for clarity. The words "involving receipts" are substituted for "upon the revenue" for consistency in the revised title. The words "decide on ways to prevent and detect fraud" are substituted for "exercise a general supervision over the measures for their prevention and detection" for clarity and to eliminate unnecessary words. In subsection (a)(8), before subclause (A), the word "maintain" is substituted for "shall be kept" for consistency. The words "all moneys" and "internal" are omitted as unnecessary because of the restatement. The words "duties or" are omitted as being included in "taxes". The word "possession" is added for consistency in the revised title and with other titles of the Code. The word "listing" is substituted for "so as to exhibit, as far as may be" for clarity and to eliminate unnecessary words. In subclause (A), the word "kind" is substituted for "species" for consistency. The words "that shall accrue" are omitted as surplus. In subclause (B), the words "each tax" are substituted for "each source of revenue" for clarity. In subclause (C), the word "pay" is substituted for "compensation" for consistency. The words "officers and employees" are substituted for "collectors and deputy collectors, inspectors, and other officers" for consistency and to eliminate unnecessary words. Subsection (b)(1) is included as a general statement of the authority of the Secretary of the Treasury to prescribe regulations to avoid repeating each time specific authority of the Secretary to carry out certain provisions of law. In subsection (b)(2), the words "make such provisions" in 31:1001(note) are omitted as unnecessary. The words "or by any agency" are omitted and the words "duties and powers" are substituted for "function", for consistency in the revised title and with other titles of the Code. The words "including any function transferred to the Secretary by the provisions of this reorganization plan" are omitted as executed. In subsection (b)(3), the word "effect " is omitted as unnecessary. The words "(available or to be made available)" are omitted as surplus. The words "delegation made under clause (2) of this subsection" are substituted for "provisions of this reorganization plan" because the only provision of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1281) that continues to have legal effect is section 2 that is restated in clause (2). In subsection (b)(4), before subclause (A), the word "detail" is substituted for "to use for, and in connection with" to eliminate unnecessary words. The words "in addition to details authorized under another law" are substituted for 31:1017(last sentence) to eliminate unnecessary words and because subsequent laws would also provide additional authority to detail. The words "and the several branches of the public service under its control" are omitted as being included in "Department". The words "officers and employees" are substituted for "persons" for clarity and consistency in the revised title. In subclause (B), the words "agents or from the appropriation for the foregoing purpose" are omitted as unnecessary because of the restatement. In subsection (b)(5), the words "the proceeds thereof to be accounted for and paid into the Treasury of the United States" are omitted as unnecessary because of section 3302 of the revised title. In subsection (b)(6), the word "buy" is substituted for "make expenditures" for consistency in the revised title and with other titles of the Code. The words "officers or employees" are substituted for "civilian employees", and the words "in carrying out their duties and powers" are substituted for "in the performance of their official duties", for consistency in the revised title and with other titles of the Code. AMENDMENTS 1995 - Subsec. (b)(7). Pub. L. 104-66 added par. (7). 1989 - Subsec. (c)(3). Pub. L. 101-73, Sec. 307(b), added par. (3). Subsec. (e). Pub. L. 101-73, Sec. 307(d), added subsec. (e). 1984 - Subsec. (d). Pub. L. 98-369 added subsec. (d). -TRANS- EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of the Treasury, see Parts 1, 2, and 15 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. -MISC2- USE OF AIRCRAFT IN EMERGENCY LAW ENFORCEMENT SUPPORT Pub. L. 104-52, title I, Sec. 107, Nov. 19, 1995, 109 Stat. 476, provided that: "The Secretary of the Treasury is authorized in fiscal year 1996 and hereafter, to use Treasury Department aircraft, with or without reimbursement, to assist bureaus within the Department of the Treasury or other Federal agencies, Departments or offices outside of the Department of the Treasury to provide emergency law enforcement support to protect human life, property, public health, or safety." -End- -CITE- 31 USC Sec. 322 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 322. Working capital fund -STATUTE- (a) The Department of the Treasury has a working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services of the Department that the Secretary of the Treasury, with the approval of the Director of the Office of Management and Budget, decides may be carried out more advantageously and more economically as central services. (b) Amounts in the fund remain available until expended. Amounts may be appropriated to the fund. (c) The fund consists of - (1) amounts appropriated to the fund; (2) to the extent transferred to the fund by the Secretary, the reasonable value of supply inventories, equipment, and other assets and inventories on order for providing services out of amounts in the fund, less related liabilities and unpaid obligations; (3) amounts received from the sale or exchange of property; and (4) payments received for loss or damage to property of the fund. (d) The fund shall be reimbursed, or credited with advance payments, from amounts available to the Department or from other sources, for supplies and services at rates that will equal the expenses of operation, including accrual of annual leave and the depreciation of plant and equipment. Amounts the Secretary decides are in excess of the needs of the fund shall be deposited at the end of each fiscal year in the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 881; Pub. L. 98-369, div. A, title IV, Sec. 442, July 18, 1984, 98 Stat. 816.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 322(a) 31:1033(1st Dec. 31, 1970, Pub. L. 91-614, sentence less words Sec. 401, 84 Stat. 1846. between 1st and 3d commas, 2d sentence 1st-9th words). 322(b) 31:1033(1st sentence words between 1st and 3d commas, last sentence). 322(c) 31:1033(2d sentence less 1st-9th words, 4th sentence). 322(d) 31:1033(3d, 5th sentences). -------------------------------------------------------------------- In subsection (a), the words "Amounts in the fund are available" are added because of the restatement. In subsection (b), the words "Amounts in the fund remain available until expended" are substituted for "shall be available, without fiscal year limitation" for consistency in the revised title. In subsection (c)(1), the words "amounts appropriated to the fund" are substituted for "any appropriations made for the purpose of providing capital" to eliminate unnecessary words. In clause (2), the word "reasonable" is substituted for "fair and reasonable" because it is inclusive. In subsection (d), the words "other Federal agencies" are omitted because they are included in "other sources". AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-369 struck out provision placing a $1,000,000 limitation on fund. DEPARTMENT OF THE TREASURY FRANCHISE FUND Pub. L. 104-208, div. A, title I, Sec. 101(f) [title I], Sept. 30, 1996, 110 Stat. 3009-314, 3009-316, as amended by Pub. L. 106- 554, Sec. 1(a)(3) [title I, Sec. 120], Dec. 21, 2000, 114 Stat. 2763, 2763A-135; Pub. L. 108-7, div. J, title I, Sec. 123, Feb. 20, 2003, 117 Stat. 439; Pub. L. 108-447, div. H, title II, Sec. 219, Dec. 8, 2004, 118 Stat. 3242, provided in part that: "Hereafter There [sic] is established in the Treasury a franchise fund to be available without fiscal year limitation, for expenses and equipment necessary for the maintenance and operation of such financial and administrative support services as the Secretary determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made for the purpose of providing capital, shall be used to capitalize such fund: Provided further, That such fund shall be reimbursed or credited with the payments, including advanced payments, from applicable appropriations and funds available to the Department and other Federal agencies for which such administrative and financial services are performed, at rates which will recover all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of Automatic Data Processing (ADP) software and systems, and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed 4 percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of Treasury financial management, ADP, and other support systems: Provided further, That no later than 30 days after the end of each fiscal year, amounts in excess of this reserve limitation shall be deposited as miscellaneous receipts in the Treasury." [Amendments by Pub. L. 108-447 to Pub. L. 104-208, Sec. 101(f) [title I], set out above, were executed to reflect the probable intent of Congress, notwithstanding errors in the directory language.] -End- -CITE- 31 USC Sec. 323 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 323. Investment of operating cash -STATUTE- (a) To manage United States cash, the Secretary of the Treasury may invest any part of the operating cash of the Treasury for not more than 90 days. The Secretary may invest the operating cash of the Treasury in - (1) obligations of depositories maintaining Treasury tax and loan accounts secured by pledged collateral acceptable to the Secretary; (2) obligations of the United States Government; and (3) repurchase agreements with parties acceptable to the Secretary. (b) Subsection (a) of this section does not require the Secretary to invest a cash balance held in a particular account. (c) The Secretary shall consider the prevailing market in prescribing rates of interest for investments under subsection (a)(1) of this section. (d)(1) The Secretary of the Treasury shall submit each fiscal year to the appropriate committees a report detailing the investment of operating cash under subsection (a) for the preceding fiscal year. The report shall describe the Secretary's consideration of risks associated with investments and the actions taken to manage such risks. (2) For purposes of paragraph (1), the term "appropriate committees" means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882; Pub. L. 110-351, title V, Sec. 502, Oct. 7, 2008, 122 Stat. 3980.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 323(a) 31:1038(1st Oct. 28, 1977, Pub. L. 95-147, sentence less 1st, Sec. 1, 91 Stat. 1227. 2d provisos). 323(b) 31:1038(1st, 2d provisos). 323(c) 31:1038(last sentence). -------------------------------------------------------------------- In subsection (a), before clause (1), the words "To manage United States cash" are substituted for "for cash management purposes" for clarity. In clause (1), the words "as security for tax and loan accounts" are omitted as unnecessary. In clause (2), the words "agencies of the United States" are omitted as being included in "the Government". In subsection (c), the words "Investments in obligations of depositaries maintaining such accounts" and "rates of interest" (the 2d time they appear) are omitted as unnecessary because of the restatement. AMENDMENTS 2008 - Pub. L. 110-351 amended section generally. Prior to amendment, section related to investment of operating cash. -End- -CITE- 31 USC Sec. 324 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 324. Disposing and extending the maturity of obligations -STATUTE- (a) The Secretary of the Treasury may - (1) dispose of obligations - (A) acquired by the Secretary for the United States Government; or (B) delivered by an executive agency; and (2) make arrangements to extend the maturity of those obligations. (b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest. (c) The authority under this section is in addition to authority under another law. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882; Pub. L. 98-369, div. A, title IV, Sec. 444, July 18, 1984, 98 Stat. 816.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 324(a) 31:741a(a)(1st Apr. 3, 1945, ch. 51, Sec. 5, sentence words 59 Stat. 48. before 9th comma). 324(b) 31:741a(a)(1st sentence words after 9th comma, last sentence). 324(c) 31:741a(b). -------------------------------------------------------------------- In the section, the words "sell, exchange" are omitted as being included in "dispose". The word "obligations" is substituted for "bonds, notes, or other securities" for consistency in the revised title. The words "under judicial process or otherwise" are omitted as unnecessary. In subsection (a), before clause (1), the words "Notwithstanding the provisions of section 302 of title 40" are omitted as unnecessary and because section 302 was repealed by section 1(95) of the Act of October 31, 1951 (ch. 654, 65 Stat. 705). In clause (2), the words "those obligations" are substituted for "thereof" for clarity. In subsection (b), the words "The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section" are added for clarity and because of the restatement. The words "combination of cash, obligations, or property" are substituted for "or any combination thereof" for clarity. The words "terms and conditions" are omitted as being included in "on conditions". The words "under the authority of this section" are omitted as unnecessary because of the restatement. Subsection (c) is substituted for 31:741a(b) to eliminate unnecessary words and for consistency in the revised title. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-369 struck out provision that the Secretary could not dispose of obligations of one issuer, held by the Secretary at one time, having on the date of disposal a total face or par value of more than $1,000,000 or, if no-par obligations, a stated or book value of more than $1,000,000. -End- -CITE- 31 USC Sec. 325 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 325. International affairs authorization -STATUTE- (a) Under regulations prescribed by the Secretary of the Treasury, the Secretary may provide officers and employees of the Department of the Treasury carrying out international affairs duties and powers of the Department with allowances and benefits comparable to those provided under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.). (b) The following amounts may be appropriated to the Secretary for the fiscal year ending September 30, 1982: (1) not more than $22,896,000 to carry out the international affairs duties and powers of the Department (including amounts for official functions and reception and representation expenses). (2) not more than $1,000,000 for increases in - (A) pay, under section 5382(c) and subchapter I of chapter 53 of title 5 (except section 5305, or corresponding prior provision of such title), of officers and employees carrying out the duties and powers referred to in clause (1) of this subsection; (B) departmental contributions attributable to those pay increases; and (C) allowances and benefits, because of cost of living increases, provided under subsection (a) of this section. (c) Necessary amounts may be appropriated to the Secretary for each fiscal year beginning after September 30, 1982 - (1) to carry out the international affairs duties and powers of the Department (including amounts for official functions and reception and representation expenses); (2) for increases in - (A) pay, under section 5382(c) and subchapter I of chapter 53 of title 5 (except section 5303), of officers and employees carrying out the duties and powers referred to in clause (1) of this subsection; (B) departmental contributions attributable to those pay increases; and (C) allowances and benefits, because of cost of living increases, provided under subsection (a) of this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 882; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(b)(3)(D)], Nov. 5, 1990, 104 Stat. 1427, 1439.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 325(a) 31:822a(d). Jan. 30, 1934, ch. 6, 48 Stat. 337, Sec. 10(d); added Nov. 8, 1978, Pub. L. 95-612, Sec. 2, 92 Stat. 3091; Oct. 17, 1980, Pub. L. 96-465, Sec. 2206(f), 94 Stat. 2163. 325(b), (uncodified). Nov. 8, 1978, Pub. L. 95-612, (c) Sec. 5, 92 Stat. 3092; Aug. 8, 1979, Pub. L. 96-47, 93 Stat. 344; Aug. 13, 1981, Pub. L. 97-35, Sec. 382(a), 95 Stat. 432. -------------------------------------------------------------------- In the section, the words "international affairs duties and powers" are substituted for "international affairs functions" for consistency in the revised title and with other titles of the United States Code. The words "officers and employees" are substituted for "personnel" and "employees" as being more precise. In subsection (b), before clause (1), the words "fiscal year ending September 30, 1982" are substituted for "fiscal year 1982" for consistency in the revised title and with other titles of the Code. In clause (2), the word "pay" is substituted for "salaries" for consistency in the revised title and with other titles of the Code. The word "departmental" is substituted for "agency" because of the source provisions restated in section 321 of the revised title. The words "those pay increases" are substituted for "thereto" for clarity. Subsection (c) is substituted for the words "and such sums as may be necessary for each fiscal year thereafter" both times they appear. AMENDMENTS 1990 - Subsec. (b)(2)(A). Pub. L. 101-509 substituted "(except section 5305, or corresponding prior provision of such title)" for "(except section 5303)". EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. STUDY ON ROLE OF GOLD IN DOMESTIC AND INTERNATIONAL MONETARY SYSTEMS; ESTABLISHMENT OF COMMISSION; REPORT TO CONGRESS; AVAILABILITY OF APPROPRIATIONS Pub. L. 96-389, Sec. 10, Oct. 7, 1980, 94 Stat. 1555, as amended Pub. L. 97-47, Sec. 2, Sept. 30, 1981, 95 Stat. 954, provided that the Secretary of the Treasury establish and chair a commission consisting of three members of the Board of Governors of the Federal Reserve System, two members of the Council of Economic Advisors, and four private citizens with business, finance, or academic backgrounds, to be designated by the Secretary, and one majority and one minority member each from the Joint Economic Committee, the Senate Committee on Banking, Housing, and Urban Affairs, and the House Committee on Banking, Finance and Urban Affairs to be designated by the Speaker of the House and the President of the Senate, respectively. The commission was to conduct a study to assess and make recommendations with regard to the policy of the United States Government concerning the role of gold in domestic and international monetary systems, and transmit to Congress a report containing its findings and recommendations not later than March 31, 1982. Sums appropriated pursuant to section 5 of Public Law 95-612 [Pub. L. 95-612, Sec. 5, Nov. 8, 1978, 92 Stat. 3092, which was not classified to the Code] were made available to the commission to carry out its functions. -End- -CITE- 31 USC Sec. 326 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 326. Availability of appropriations for certain expenses -STATUTE- (a) Under regulations prescribed by the Secretary of the Treasury, an appropriation for the Department of the Treasury available to pay travel expenses also is available to pay expenses to attend meetings of organizations related to the function or activity for which the appropriation is made. (b) The Secretary may approve reimbursement to agents on protective missions for subsistence expenses authorized by law without regard to rates and amounts established under section 5702 of title 5. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883; Pub. L. 99-234, title I, Sec. 107(e), Jan. 2, 1986, 99 Stat. 1759.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code Source (Statutes at Large) Section -------------------------------------------------------------------- 326(a) 31:1031. June 1, 1955, ch. 113, Sec. 102, 69 Stat. 76. 326(b) 31:1032. Sept. 29, 1969, Pub. L. 91-74, Sec. 102(1st par.), 83 Stat. 118. -------------------------------------------------------------------- In subsection (a), the words "On and after June 1, 1955," are omitted as executed. In subsection (b), the words "On and after September 29, 1969," are omitted as executed. AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-234 substituted "rates and amounts" for "rates". EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-234 effective (1) on the effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of Pub. L. 99-234, set out as a note under section 5701 of Title 5, Government Organization and Employees. -End- -CITE- 31 USC Sec. 327 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 327. Advancements and reimbursements for services -STATUTE- (a) In this section, "service" includes service provided in - (1) disbursing and receiving amounts. (2) servicing bonds. (3) making accounts. (4) maintaining bank accounts. (b) When the Secretary of the Treasury provides a service for an agency (except the Department of the Treasury) for which amounts have not been appropriated to the Department, the agency may advance for credit or reimburse the Department the amounts necessary to provide the service. Notwithstanding section 3302 of this title, amounts advanced or reimbursed may be credited to the appropriation of the Department that is current when the service is provided. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code Source (Statutes at Large) Section -------------------------------------------------------------------- 327(a) 31:157(c)(2). Aug. 14, 1950, ch. 705, 64 Stat. 440. 327(b) 31:157(a)-(c)(1). -------------------------------------------------------------------- In the section, the word "amounts" is substituted for "funds" for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words "shall not be limited to" are omitted as surplus. The words "disbursing and receiving" are substituted for "collection and disbursement", the word "making" is substituted for "rendition of", and the word "maintaining" is substituted for "keeping", for consistency in the revised title. The word "checking" is omitted as being included in "bank". In subsection (b), the words "When the Secretary of the Treasury provides a service" are substituted for "When any service authorized by law and directed by the Secretary of the Treasury is performed or to be performed" to eliminate unnecessary words. The words "by the Fiscal Service or the Office of the Treasurer of the United States of the Department of the Treasury" are omitted because of the source provisions restated in section 321 of the revised title. The words "agency (except the Department of the Treasury)" are substituted for 31:157(c)(1) for consistency in the revised title and with other titles of the Code. The word "reimburse" is substituted for "pay", and the words "advanced or reimbursed" are substituted for "transferred", for clarity and because of the restatement. -End- -CITE- 31 USC Sec. 328 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 328. Accounts and payments of former disbursing officials -STATUTE- (a) If a chief disbursing official or a director of a disbursing center of the Department of the Treasury dies, resigns, or leaves office, the deputy chief disbursing official or the deputy director of the disbursing center designated by the Secretary of the Treasury may continue the accounts and payments in the name of the former disbursing official or director through the last day of the 2d month after the month in which the death, resignation, or separation occurs. The accounts and payments shall be allowed, audited, and settled as provided by law. The Secretary shall honor checks signed in the name of the former disbursing official or director in the same way as if the former disbursing official or director had continued in office. (b) Only the deputy chief or deputy director designated under subsection (a) of this section is liable for actions taken in the name of the former disbursing official under subsection (a). -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 883.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code Source (Statutes at Large) Section -------------------------------------------------------------------- 328(a) 31:1014(1st, 2d Dec. 24, 1942, ch. 821, 56 sentences). Stat. 1086; restated Aug. 1, 1947, ch. 438, 61 Stat. 717; June 6, 1972, Pub. L. 92-310, Sec. 231(dd), 86 Stat. 213. 328(b) 31:1014(last sentence). -------------------------------------------------------------------- In subsection (a), the words "director of a disbursing center" are substituted for "any regional disbursing officer of the Fiscal Service, Treasury Department" to reflect the title of the position now presently authorized. The words "dies, resigns, or leaves office" are substituted for "In case of the death or of the resignation or separation from office" for consistency with other titles of the United States Code. The words "designated by an official of the Treasury Department authorized by the Secretary of the Treasury to make such designation" are omitted as unnecessary because of the source provisions restated in section 321 of the revised title. The word "through" is substituted for "for a period of time not to extend beyond" to eliminate unnecessary words. The words "as provided by law" are substituted for "in the General Accounting Office", for consistency with other titles of the Code. The word "Secretary" is substituted for "Treasurer of the United States" because of the source provisions restated in section 321 of the revised title. Subsection (b) is substituted for 31:1014(last sentence) for clarity and to eliminate unnecessary words. -End- -CITE- 31 USC Sec. 329 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 329. Limitations on outside activities -STATUTE- (a)(1) The Secretary of the Treasury and the Treasurer may not - (A) be involved in trade or commerce; (B) own any part of a vessel (except a pleasure vessel); (C) buy or hold as a beneficiary in trust public property; (D) be involved in buying or disposing of obligations of a State or the United States Government; and (E) personally take or use a benefit gained from conducting business of the Department of the Treasury except as authorized by law. (2) An officer violating this subsection shall be fined $3,000, removed from office, and thereafter may not hold an office of the Government. (3) An individual (except prosecutors) giving information leading to the prosecution and conviction of an individual violating this subsection shall receive $1,500 of the fine when paid. (b)(1) An officer or employee of the Department (except the Secretary or Treasurer) may not - (A) carry on a trade or business in the funds, debts, or property of a State or the Government; and (B) personally use a benefit gained from conducting business of the Department. (2) An officer or employee violating this subsection shall be fined $500 and removed from office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code Source (Statutes at Large) Section -------------------------------------------------------------------- 329(a) 31:163, 1003. R.S. Sec. 243. 329(b) 31:1018. R.S. Sec. 244. -------------------------------------------------------------------- In subsection (a)(1), before clause (A), the words "The Secretary of the Treasury and the Treasurer may not" are substituted for "No person appointed to the office of Secretary of the Treasury, or Treasurer, shall" because of the restatement and for consistency in the revised title. The words "or First Comptroller" (subsequently redesignated as the Comptroller of the Treasury by section 4 of the Act of July 31, 1894 (ch. 174, 28 Stat. 205)) and "or First Auditor" in section 243 of the Revised Statutes are omitted because the positions were abolished by sections 301 and 310 of the Act of June 10, 1921 (ch. 18, 42 Stat. 23, 25). The text of 31:163 is omitted because the position of Register was abolished by section 1(a) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1231). In clause (A), the words "directly or indirectly" are omitted as unnecessary. The words "be involved" are substituted for "be concerned or interested in carrying on the business of" to eliminate unnecessary words. In clause (B), the words "any part of a" are substituted for "in whole or in part" for consistency. The words "(except a pleasure vessel)" are added for consistency with 19:1599. In clause (C), the words "buy or hold as beneficiary in trust" are substituted for "purchase by himself, or another in trust for him" for clarity and consistency. The words "public land" are omitted as being included in "public property". In clause (D), the words "involved in buying or disposing of obligations" are substituted for "be concerned in the purchase or disposal of any public securities" to eliminate unnecessary words and for consistency in the revised title. In clause (E), the words "personally take or use a benefit gained from conducting business of the Department of the Treasury" are substituted for "take or apply to his own use any emolument or gain for negotiating or transacting any business in the Treasury Department" to eliminate unnecessary words. In subsection (a)(2), the words "an officer" are substituted for "every person" as being more precise. The word "violating" is substituted for "who offends against any of the prohibitions of this section" for clarity and to eliminate unnecessary words. The words "shall be deemed guilty of a high misdemeanor" are omitted because of 18:1. The word "fined" is substituted for "forfeit to the United States the penalty" for consistency and to eliminate unnecessary words. The words "and shall upon conviction be" are omitted as unnecessary. In subsection (a)(3), the words "giving information leading to the prosecution and conviction of an individual violating this subsection" are substituted for "shall give information of any such offense, upon which a prosecution and conviction shall be had" for clarity. The words "shall receive $1,500 of the fine when paid" are substituted for "one-half the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information" to eliminate unnecessary words. In subsection (b)(1), before clause (A), the words "An officer or employee of the Department (except the Secretary or Treasurer)" are substituted for "Every clerk employed in the Treasury Department" because of the restatement and for consistency with subsection (a) of the section. In clause (A), the words "in any kind of public" are omitted as unnecessary. In clause (B), the words "personally use a benefit gained" are substituted for "who takes or applies to his own use any emolument or gain" to eliminate unnecessary words. The word "conducting" is substituted for "negotiating or transacting" for consistency. The words "shall be deemed guilty of a misdemeanor" are omitted because of 18:1. In subsection (b)(2), the words "An officer or employee violating this subsection" are added because of the restatement. The word "punished" is omitted as unnecessary. -End- -CITE- 31 USC Sec. 330 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 330. Practice before the Department -STATUTE- (a) Subject to section 500 of title 5, the Secretary of the Treasury may - (1) regulate the practice of representatives of persons before the Department of the Treasury; and (2) before admitting a representative to practice, require that the representative demonstrate - (A) good character; (B) good reputation; (C) necessary qualifications to enable the representative to provide to persons valuable service; and (D) competency to advise and assist persons in presenting their cases. (b) After notice and opportunity for a proceeding, the Secretary may suspend or disbar from practice before the Department, or censure, a representative who - (1) is incompetent; (2) is disreputable; (3) violates regulations prescribed under this section; or (4) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. The Secretary may impose a monetary penalty on any representative described in the preceding sentence. If the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension, disbarment, or censure of the representative. (c) After notice and opportunity for a hearing to any appraiser, the Secretary may - (1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and (2) bar such appraiser from presenting evidence or testimony in any such proceeding. (d) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884; Pub. L. 98-369, div. A, title I, Sec. 156(a), July 18, 1984, 98 Stat. 695; Pub. L. 99- 514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 108-357, title VIII, Sec. 822(a)(1), (b), Oct. 22, 2004, 118 Stat. 1586, 1587; Pub. L. 109-280, title XII, Sec. 1219(d), Aug. 17, 2006, 120 Stat. 1085.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code Source (Statutes at Large) Section -------------------------------------------------------------------- 330(a) 31:1026(1st July 7, 1884, ch. 334, Sec. sentence). 3(proviso and sentence immediately after proviso under heading "War Department"), 23 Stat. 258. 330(b) 31:1026(last sentence). -------------------------------------------------------------------- In the section, the words "representatives of persons" are substituted for "agents, attorneys, or other persons representing claimants before his department" to eliminate unnecessary words. In subsection (a), before clause (1), the words "Subject to section 500 of title 5" are added for clarity and to conform to title 5. In clause (1), the word "regulate" is substituted for "prescribe rules and regulations" to eliminate unnecessary words. The words "the practice" are substituted for "before being recognized" for consistency with other revised titles of the United States Code. In clause (2)(C), the words "possessed of the" are omitted because of the restatement. In subsection (b), the word "proceeding" is substituted for "hearing" because of subchapter II of chapter 5 of title 5. In clause (3), the words "violates regulations prescribed under this section" are substituted for "who refuses to comply with said rules and regulations" to eliminate unnecessary words. In clause (4), the words "in any manner" are omitted as surplus. The word "deceive" is omitted as being included in the word "mislead". The words "by word, circular, letter, or by advertisement" are omitted as unnecessary. AMENDMENTS 2006 - Subsec. (c). Pub. L. 109-280 struck out "with respect to whom a penalty has been assessed under section 6701(a) of the Internal Revenue Code of 1986" after "any appraiser" in introductory provisions. 2004 - Subsec. (b). Pub. L. 108-357, Sec. 822(a)(1), inserted ", or censure," after "Department" in introductory provisions and inserted at end "The Secretary may impose a monetary penalty on any representative described in the preceding sentence. If the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension, disbarment, or censure of the representative." Subsec. (d). Pub. L. 108-357, Sec. 822(b), added subsec. (d). 1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". 1984 - Subsec. (c). Pub. L. 98-369 added subsec. (c). EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-280 applicable to appraisals prepared with respect to returns or submissions filed after Aug. 17, 2006, see section 1219(e)(2) of Pub. L. 109-280, set out as a note under section 170 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-357, title VIII, Sec. 822(a)(2), Oct. 22, 2004, 118 Stat. 1587, provided that: "The amendments made by this subsection [amending this section] shall apply to actions taken after the date of the enactment of this Act [Oct. 22, 2004]." EFFECTIVE DATE OF 1984 AMENDMENT Section 156(b) of Pub. L. 98-369 provided that: "The amendment made by subsection (a) [amending this section] shall apply to penalties assessed after the date of the enactment of this Act [July 18, 1984]." -End- -CITE- 31 USC Sec. 331 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 331. Reports -STATUTE- (a) The Secretary of the Treasury shall submit to Congress each year an annual report. The report shall include - (1) a statement of the public receipts and public expenditures for the prior fiscal year; (2) estimates of public receipts and public expenditures for the current and next fiscal years; (3) plans for improving and increasing public receipts to provide Congress with information on ways to raise amounts necessary to meet public expenditures; (4) a statement of all contracts for supplies or services made by the Secretary during the prior fiscal year; (5) a statement of appropriations expended to pay for miscellaneous claims not otherwise provided for; (6) a statement on all payments made from the fund under section 3126 of this title for the prior fiscal year; and (7) estimates of amounts for payment under section 1322(b) of this title. (b)(1) On the first day of each regular session of Congress, the Secretary shall submit to Congress a report for the prior fiscal year on - (A) the total and individual amounts of contingent liabilities and unfunded liabilities of the United States Government; (B) as far as practicable, trust fund liabilities, liabilities of Government corporations, indirect liabilities not included as a part of the public debt, and liabilities of insurance and annuity programs (including their actuarial status); (C) collateral pledged and assets available (or to be realized) as security for the liabilities (separately noting Government obligations) and other assets specifically available to liquidate the liabilities of the Government; and (D) the total amount in each category under clauses (A)-(C) of this paragraph for each agency. (2) The report shall present the information required under paragraph (1) of this subsection in a concise way, with explanatory material (including an analysis of the significance of liabilities based on past experience and probable risk) the Secretary considers desirable. (c) On the first day of each regular session of Congress, the Secretary shall submit to Congress a report for the prior fiscal year on the total amount of public receipts and public expenditures listing receipts, when practicable, by ports, districts, and States and the expenditures by each appropriation. (d) The Secretary shall report to either House of Congress in person or in writing, as required, on matters referred to the Secretary by that House of Congress. (e)(1) Not later than March 31 of 1998 and each year thereafter, the Secretary of the Treasury, in coordination with the Director of the Office of Management and Budget, shall annually prepare and submit to the President and the Congress an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of the executive branch of the United States Government. The financial statement shall reflect the overall financial position, including assets and liabilities, and results of operations of the executive branch of the United States Government, and shall be prepared in accordance with the form and content requirements set forth by the Director of the Office of Management and Budget. (2) The Comptroller General of the United States shall audit the financial statement required by this section. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 884; Pub. L. 103-356, title IV, Sec. 405(c), Oct. 13, 1994, 108 Stat. 3416.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code Source (Statutes at Large) Section -------------------------------------------------------------------- 331(a)( 31:1027. R.S. Sec. 257. 1)- (5) 31:1030. Feb. 26, 1907, ch. 1635, Sec. 1(2d par. under heading "Treasury Department"), 34 Stat. 949. 331(a)(6) 31:757c(i)(last Sept. 24, 1917, ch. 56, 40 sentence). Stat. 288, Sec. 22(i)(last sentence); added Apr. 11, 1943, ch. 52, Sec. 3, 57 Stat. 63; restated Apr. 3, 1945, ch. 51, Sec. 3, 59 Stat. 48. 331(a)(7) 31:725p(a)(last June 26, 1934, ch. 756, Secs. sentence). 17(a)(last sentence), 18(a)(last sentence), 48 Stat. 1230, 1231. 31:725q(a)(last sentence). 331(b) 31:757f. Nov. 13, 1966, Pub. L. 89-809, Sec. 402, 80 Stat. 1590; Apr. 21, 1976, Pub. L. 94-273, Sec. 2(17), 90 Stat. 375. 331(c) 31:1029. July 31, 1894, ch. 174, Sec. 15, 28 Stat. 210. 331(d) 31:1002(words R.S. Sec. 248(words between between 4th and 5th 4th and 5th semicolons). semicolons) -------------------------------------------------------------------- In subsections (a) and (c), the word "receipts" is substituted for "revenues" for consistency in the section and the revised title. In subsection (a)(1), the words "public receipts and public expenditures" are substituted for "receipts and expenditures of the Government" in 31:1030 for consistency in the section. The word "completed" is omitted as surplus. In clause (2), the words "First. A report on the subject of finance" in 31:1027 are omitted because of the restatement. The word "containing" is omitted as surplus. In clause (4), the words "Second. A report containing" are omitted because of the restatement. The words "prior fiscal year" are substituted for "during the year preceding" for consistency. In clause (5), the words "paid at the Treasury" are omitted as unnecessary. The 3d paragraph of section 257 of the Revised Statutes, providing for a report on rules and regulations of the Secretary of the Treasury on imported goods, wares, and merchandise, is omitted as obsolete because section 252 of the Revised Statutes, authorizing those rules and regulations, was repealed by the Act of February 27, 1877 (ch. 69, 19 Stat. 241). The 4th paragraph of section 257, providing for a report on amounts of hospital taxes collected from sick and disabled seamen, is omitted as obsolete because section 15 of the Act of June 26, 1884 (ch. 121, 23 Stat. 57), repealed the tax. In clause (7), the words "the Commissioners of the District of Columbia" (subsequently changed to "the Mayor of the District of Columbia" by section 422 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 790)) in 31:725p are omitted as unnecessary because of Sec. 448 of the District of Columbia Self-Government and Governmental Reorganization Act. The text of 31:725q(proviso) is omitted because of the restatement. In subsection (b)(1), before clause (A), the words "for the prior fiscal year" are substituted for "as of the close of the preceding September 30 (beginning with the report as of June 30, 1967)" to eliminate unnecessary words. In clause (C), the word "obligations" is substituted for "securities" for consistency in the revised title. Clause (D) is substituted for "and of each department, agency, and instrumentality thereof" for clarity. In subsection (c), the words "a report for the prior fiscal year on the total amount of public receipts and public expenditures" are substituted for "an accurate combined statement of the receipts and expenditures during the last preceding fiscal year of all public moneys" because of the restatement. The words "including those of the United States Postal Service" are omitted as unnecessary and superseded by 39:410. In subsection (d), the words "either House of Congress" are substituted for "either branch of the legislature" for clarity and consistency. The words "that House of Congress" are substituted for "the Senate or House of Representatives" for consistency and because of the restatement. The words "or which appertain to his office" are omitted as unnecessary because of subsections (a)-(c) of the section. AMENDMENTS 1994 - Subsec. (e). Pub. L. 103-356 added subsec. (e). TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which certain reporting requirements under subsecs. (a), (b)(1)(A), and (c) of this section are listed on pages 140 and 142), see section 3003 of Pub. L. 104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out as notes under section 1113 of this title. -End- -CITE- 31 USC Sec. 332 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 332. Miscellaneous administrative authority -STATUTE- The Secretary of the Treasury may to the extent provided in advance by appropriation Acts - (1) contract for the temporary or intermittent services of experts or consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the per diem equivalent to the rate for GS-18; (2) contract with and reimburse the Department of State for health and medical services for employees of the Department of the Treasury and their dependents serving in foreign countries; (3) provide for official functions, and reception and representation activities; (4) maintain, repair, and clean uniforms furnished by the Department of the Treasury to uniformed employees; (5) provide athletic and related activities for students at the Federal Law Enforcement Training Center, Glynco, Georgia; (6) install and maintain fencing, lighting, guard booths, and other facilities as necessary for the performance of protective functions of the Department of the Treasury on property not owned by or under jurisdiction and control of the United States Government and, subsequently, to remove the facilities therefrom; (7) enter into reciprocal assistance agreements with State and local law enforcement agencies and, in connection with the agreements and otherwise, train employees of those agencies, when necessary, with or without reimbursement; (8) provide laboratory assistance to State and local law enforcement agencies, with or without reimbursement; (9) obtain insurance for official motor vehicles operated in foreign countries; and (10)(A) when necessary for the performance of official business - (i) acquire in foreign countries real property by lease for periods not greater than 10 years and personal property for use in foreign countries by purchase, lease, or otherwise, and (ii) manage, maintain, repair, improve, and insure by purchase of commercial insurance policies properties referred to in clause (i), and (B) when appropriate, dispose of (by sale, rent, transfer, or otherwise) properties referred to in subparagraph (A)(i). -SOURCE- (Added Pub. L. 98-302, Sec. 3(a), May 25, 1984, 98 Stat. 217.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC1- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -End- -CITE- 31 USC Sec. 333 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 3 - DEPARTMENT OF THE TREASURY SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 333. Prohibition of misuse of Department of the Treasury names, symbols, etc. -STATUTE- (a) General Rule. - No person may use, in connection with, or as a part of, any advertisement, solicitation, business activity, or product, whether alone or with other words, letters, symbols, or emblems - (1) the words "Department of the Treasury", or the name of any service, bureau, office, or other subdivision of the Department of the Treasury, (2) the titles "Secretary of the Treasury" or "Treasurer of the United States" or the title of any other officer or employee of the Department of the Treasury, (3) the abbreviations or initials of any entity referred to in paragraph (1), (4) the words "United States Savings Bond" or the name of any other obligation issued by the Department of the Treasury, (5) any symbol or emblem of an entity referred to in paragraph (1) (including the design of any envelope or stationary used by such an entity), and (6) any colorable imitation of any such words, titles, abbreviations, initials, symbols, or emblems, in a manner which could reasonably be interpreted or construed as conveying the false impression that such advertisement, solicitation, business activity, or product is in any manner approved, endorsed, sponsored, or authorized by, or associated with, the Department of the Treasury or any entity referred to in paragraph (1) or any officer or employee thereof. (b) Treatment of Disclaimers. - Any determination of whether a person has violated the provisions of subsection (a) shall be made without regard to any use of a disclaimer of affiliation with the United States Government or any particular agency or instrumentality thereof. (c) Civil Penalty. - (1) In general. - The Secretary of the Treasury may impose a civil penalty on any person who violates the provisions of subsection (a). (2) Amount of penalty. - The amount of the civil penalty imposed by paragraph (1) shall not exceed $5,000 for each use of any material in violation of subsection (a). If such use is in a broadcast or telecast, the preceding sentence shall be applied by substituting "$25,000" for "$5,000". (3) Time limitations. - (A) Assessments. - The Secretary of the Treasury may assess any civil penalty under paragraph (1) at any time before the end of the 3-year period beginning on the date of the violation with respect to which such penalty is imposed. (B) Civil action. - The Secretary of the Treasury may commence a civil action to recover any penalty imposed under this subsection at any time before the end of the 2-year period beginning on the date on which such penalty was assessed. (4) Coordination with subsection (d). - No penalty may be assessed under this subsection with respect to any violation after a criminal proceeding with respect to such violation has been commenced under subsection (d). (d) Criminal Penalty. - (1) In general. - If any person knowingly violates subsection (a), such person shall, upon conviction thereof, be fined not more than $10,000 for each such use or imprisoned not more than 1 year, or both. If such use is in a broadcast or telecast, the preceding sentence shall be applied by substituting "$50,000" for "$10,000". (2) Time limitations. - No person may be prosecuted, tried, or punished under paragraph (1) for any violation of subsection (a) unless the indictment is found or the information instituted during the 3-year period beginning on the date of the violation. (3) Coordination with subsection (c). - No criminal proceeding may be commenced under this subsection with respect to any violation if a civil penalty has previously been assessed under subsection (c) with respect to such violation. -SOURCE- (Added Pub. L. 103-296, title III, Sec. 312(l)(1), Aug. 15, 1994, 108 Stat. 1528.) -MISC1- EFFECTIVE DATE Section 312(m) of Pub. L. 103-296 provided that: "(1) In general. - Except as provided in paragraph (2), the amendments made by this section [enacting this section and amending section 1320b-10 of Title 42, The Public Health and Welfare] shall apply with respect to violations occurring after March 31, 1995. "(2) Prohibition of misuse of department of the treasury names, symbols, etc. - Subsection (l)(3) [enacting provisions set out below] shall take effect on the date of the enactment of this Act [Aug. 15, 1994], and the amendments made by paragraphs (1) and (2) of subsection (l) [enacting this section] shall apply with respect to violations occurring after such date." REPORT ON IMPLEMENTATION OF SECTION Section 312(l)(3) of Pub. L. 103-296 provided that: "Not later than May 1, 1996, the Secretary of the Treasury shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the implementation of the amendments made by this section [enacting this section and amending section 1320b-10 of Title 42, The Public Health and Welfare]. Such report shall include the number of cases in which the Secretary has notified persons of violations of section 333 of title 31, United States Code (as added by subsection (a)[(l)(1)]), the number of prosecutions commenced under such section, and the total amount of the penalties collected in such prosecutions." -End- -CITE- 31 USC CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET -HEAD- CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET -MISC1- SUBCHAPTER I - ORGANIZATION Sec. 501. Office of Management and Budget. 502. Officers. 503. Functions of Deputy Director for Management. 504. Office of Federal Financial Management. 505. Office of Information and Regulatory Affairs. 506. Office of Federal Procurement Policy. 507. Office of Electronic Government. SUBCHAPTER II - ADMINISTRATIVE 521. Employees. 522. Necessary expenditures. AMENDMENTS 2002 - Pub. L. 107-347, title I, Sec. 102(c)(2), Dec. 17, 2002, 116 Stat. 2910, added item 507. 1990 - Pub. L. 101-576, title II, Sec. 203(c), Nov. 15, 1990, 104 Stat. 2841, added items 503 and 504 and redesignated former items 503 and 504 as 505 and 506, respectively. 1983 - Pub. L. 97-452, Sec. 1(1)(B), Jan. 12, 1983, 96 Stat. 2467, added item 504. -End- -CITE- 31 USC SUBCHAPTER I - ORGANIZATION 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I - ORGANIZATION -HEAD- SUBCHAPTER I - ORGANIZATION -End- -CITE- 31 USC Sec. 501 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 501. Office of Management and Budget -STATUTE- The Office of Management and Budget is an office in the Executive Office of the President. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code Source (Statutes at Large) Section -------------------------------------------------------------------- 501 31:16(1st sentence). June 10, 1921, ch. 18, Sec. 207(1st sentence), 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085; restated Mar. 2, 1974, Pub. L. 93-250, Sec. 1, 88 Stat. 11. -------------------------------------------------------------------- SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-576, title I, Sec. 101, Nov. 15, 1990, 104 Stat. 2838, provided that: "This Act [enacting sections 503, 504, 901 to 903, and 3515 of this title, amending sections 502, 1105, 3512, 3521, 9105, and 9106 of this title, sections 5313 to 5315 of Title 5, Government Organization and Employees, and section 3533 of Title 42, The Public Health and Welfare, renumbering sections 503 and 504 of this title as 505 and 506 of this title, respectively, enacting provisions set out as notes under this section and sections 901, 3511, 3515, and 3521 of this title, and amending provisions set out as a note under section 301 of Title 38, Veterans' Benefits] may be cited as the 'Chief Financial Officers Act of 1990'." -TRANS- TRANSFER OF FUNCTIONS Pub. L. 104-53, title II, Sec. 211, Nov. 19, 1995, 109 Stat. 535, as amended by Pub. L. 104-316, title II, Sec. 203, Oct. 19, 1996, 110 Stat. 3845, provided that: "Personnel transferred pursuant to this section, as in effect immediately before the effective date of section 303 [203] of the General Accounting Office Act of 1996 [Pub. L. 104-316, Oct. 19, 1996], shall not be separated or reduced in classification or compensation for one year after any such transfer, except for cause." EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Director of the Office of Management and Budget, see Parts 1, 2, and 28 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. -MISC2- COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE GOVERNMENT-WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION AND CRITERIA FOR CRITICAL FUNCTIONS Pub. L. 110-417, [div. A], title III, Sec. 321, Oct. 14, 2008, 122 Stat. 4411, provided that: "(a) Development and Implementation. - The Director of the Office of Management and Budget, in consultation with appropriate representatives of the Chief Acquisition Officers Council under section 16A of the Office of Federal Procurement Policy Act (41 U.S.C. 414b) and the Chief Human Capital Officers Council under section 1401 of title 5, United States Code, shall - "(1) review the definitions of the term 'inherently governmental function' described in subsection (b) to determine whether such definitions are sufficiently focused to ensure that only officers or employees of the Federal Government or members of the Armed Forces perform inherently governmental functions or other critical functions necessary for the mission of a Federal department or agency; "(2) develop a single consistent definition for such term that would - "(A) address any deficiencies in the existing definitions, as determined pursuant to paragraph (1); "(B) reasonably apply to all Federal departments and agencies; and "(C) ensure that the head of each such department or agency is able to identify each position within that department or agency that exercises an inherently governmental function and should only be performed by officers or employees of the Federal Government or members of the Armed Forces; "(3) develop criteria to be used by the head of each such department or agency to - "(A) identify critical functions with respect to the unique missions and structure of that department or agency; and "(B) identify each position within that department or agency that, while the position may not exercise an inherently governmental function, nevertheless should only be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure the department or agency maintains control of its mission and operations; "(4) in addition to the actions described under paragraphs (1), (2), and (3), provide criteria that would identify positions within Federal departments and agencies that are to be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure that the head of each Federal department or agency - "(A) develops and maintains sufficient organic expertise and technical capability; "(B) develops guidance to implement the definition of inherently governmental as described in paragraph (2) and the criteria for critical functions as described in paragraph (3) in a manner that is consistent with agency missions and operational goals; and "(C) develops guidance to manage internal decisions regarding staffing in an integrated manner to ensure officers or employees of the Federal Government or members of the Armed Forces are filling critical management roles by identifying - "(i) functions, activities, or positions, or some combination thereof, or "(ii) additional mechanisms and factors, including the management or oversight of awarded contracts, statutory mandates, and international obligations; and "(5) solicit the views of the public regarding the matters identified in this section. "(b) Definitions of Inherently Governmental Function. - The definitions of inherently governmental function described in this subsection are the definitions of such term that are contained in - "(1) the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note); "(2) section 2383 of title 10, United States Code; "(3) Office of Management and Budget Circular A-76; "(4) the Federal Acquisition Regulation; and "(5) any other relevant Federal law or regulation, as determined by the Director of the Office of Management and Budget in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council. "(c) Report to Congress. - Not later than one year after the date of the enactment of this Act [Oct. 14, 2008], the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council, shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on the actions taken by the Director under this section. Such report shall contain each of the following: "(1) A description of the actions taken by the Director under this section to develop a single definition of inherently governmental function and criteria for critical functions. "(2) Such legislative recommendations as the Director determines are necessary to further the purposes of this section. "(3) A description of such steps as may be necessary - "(A) to ensure that the single definition and criteria developed under this section are consistently applied through all Federal regulations, circulars, policy letters, agency guidance, and other documents; "(B) to repeal any existing Federal regulations, circular, policy letters, agency guidance and other documents determined to be superseded by the definition and criteria developed under this section; and "(C) to develop any necessary implementing guidance under this section for agency staffing and contracting decisions, along with appropriate milestones. "(d) Regulations. - Not later than 180 days after submission of the report required by subsection (c), the Director of the Office of Management and Budget shall issue regulations to implement actions taken under this section to develop a single definition of inherently governmental function and criteria for critical functions." PUBLIC-PRIVATE COMPETITION Pub. L. 110-161, div. D, title VII, Sec. 739, Dec. 26, 2007, 121 Stat. 2029, provided that: "(a) Requirement for Public-Private Competition. - "(1) Notwithstanding any other provision of law, none of the funds appropriated by this or any other Act shall be available to convert to contractor performance an activity or function of an executive agency that, on or after the date of enactment of this Act [Dec. 26, 2007], is performed by more than 10 Federal employees unless - "(A) the conversion is based on the result of a public- private competition that includes a most efficient and cost effective organization plan developed by such activity or function; "(B) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the executive agency by an amount that equals or exceeds the lesser of - "(i) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or "(ii) $10,000,000; and "(C) the contractor does not receive an advantage for a proposal that would reduce costs for the Federal Government by - "(i) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; "(ii) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Federal Government for health benefits for civilian employees under chapter 89 of title 5, United States Code; or "(iii) offering to such workers a retirement benefit that in any year costs less than the annual retirement cost factor applicable to Federal employees under chapter 84 of title 5, United States Code. "(2) This paragraph shall not apply to - "(A) the Department of Defense; "(B) section 44920 of title 49, United States Code; "(C) a commercial or industrial type function that - "(i) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or "(ii) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; "(D) depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code; or "(E) activities that are the subject of an ongoing competition that was publicly announced prior to the date of enactment of this Act [Dec. 26, 2007]. "(b) Use of Public-Private Competition. - Nothing in Office of Management and Budget Circular A-76 shall prevent the head of an executive agency from conducting a public-private competition to evaluate the benefits of converting work from contract performance to performance by Federal employees in appropriate instances. The Circular shall provide procedures and policies for these competitions that are similar to those applied to competitions that may result in the conversion of work from performance by Federal employees to performance by a contractor. "(c) Bid Protests by Federal Employees in Actions Under Office of Management and Budget Circular A-76. - "(1) Eligibility to protest. - "(A) [Amended section 3551 of this title.] "(B)(i) [Enacted section 3557 of this title.] "(ii) [Amended chapter analysis preceding section 3501 of this title.] "(2) [Amended section 1491 of title 28, Judiciary and Judicial Procedure.] "(3) Applicability. - Subparagraph (B) of section 3551(2) of title 31, United States Code (as added by paragraph (1)), and paragraph (5) of section 1491(b) of title 28, United States Code (as added by paragraph (2)), shall apply to - "(A) protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A-76 on or after January 1, 2004; and "(B) any other protests and civil actions that relate to public-private competitions initiated under Office of Management and Budget Circular A-76, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A-76, on or after the date of the enactment of this Act [Dec. 26, 2007]. "(d) Limitation. - (1) None of the funds available in this Act [titles I to III and V to VII of div. D of Pub. L. 110-161, see Tables for classification] may be used - "(A) by the Office of Management and Budget to direct or require another agency to take an action specified in paragraph (2); or "(B) by an agency to take an action specified in paragraph (2) as a result of direction or requirement from the Office of Management and Budget. "(2) An action specified in this paragraph is the preparation for, undertaking, continuation of, or completion of a public- private competition or direct conversion under Office of Management and Budget Circular A-76 or any other administrative regulation, directive, or policy. "(e) Applicability. - This section shall apply with respect to fiscal year 2008 and each succeeding fiscal year." COMPETITIVE SOURCING ACTIVITIES Pub. L. 108-199, div. F, title VI, Sec. 647(b), (d), (f), Jan. 23, 2004, 118 Stat. 361, 362, provided that: "(b) Not later than 120 days following the enactment of this Act [Jan. 23, 2004] and not later than December 31 of each year thereafter, the head of each executive agency shall submit to Congress a report on the competitive sourcing activities on the list required under the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) that were performed for such executive agency during the previous fiscal year by Federal Government sources. The report shall include - "(1) the total number of competitions completed; "(2) the total number of competitions announced, together with a list of the activities covered by such competitions; "(3) the total number (expressed as a full-time employee equivalent number) of the Federal employees studied under completed competitions; "(4) the total number (expressed as a full-time employee equivalent number) of the Federal employees that are being studied under competitions announced but not completed; "(5) the incremental cost directly attributable to conducting the competitions identified under paragraphs (1) and (2), including costs attributable to paying outside consultants and contractors; "(6) an estimate of the total anticipated savings, or a quantifiable description of improvements in service or performance, derived from completed competitions; "(7) actual savings, or a quantifiable description of improvements in service or performance, derived from the implementation of competitions completed after May 29, 2003; "(8) the total projected number (expressed as a full-time employee equivalent number) of the Federal employees that are to be covered by competitions scheduled to be announced in the fiscal year covered by the next report required under this section; and "(9) a general description of how the competitive sourcing decisionmaking processes of the executive agency are aligned with the strategic workforce plan of that executive agency. "(d) Hereafter, the head of an executive agency may expend funds appropriated or otherwise made available for any purpose to the executive agency under this or any other Act to monitor (in the administration of responsibilities under Office of Management and Budget Circular A-76 or any related policy, directive, or regulation) the performance of an activity or function of the executive agency that has previously been subjected to a public- private competition under such circular. "(f) In this section, the term 'executive agency' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)." Pub. L. 108-108, title III, Sec. 340(a), (b), (f), Nov. 10, 2003, 117 Stat. 1315, 1317, as amended by Pub. L. 108-447, div. E, title III, Sec. 332(c), Dec. 8, 2004, 118 Stat. 3100, provided that: "(a) Justification of Competitive Sourcing Activities. - (1) In each budget submitted by the President to Congress under section 1105 of title 31, United States Code, for a fiscal year, beginning with fiscal year 2005, amounts requested to perform competitive sourcing studies for programs, projects, and activities listed in paragraph (2) shall be set forth separately from other amounts requested. "(2) Paragraph (1) applies to programs, projects, and activities - "(A) of the Department of the Interior for which funds are appropriated by this Act [see Tables for classification]; "(B) of the Forest Service; and "(C) of the Department of Energy for which funds are appropriated by this Act. [(b) Repealed. Pub. L. 108-447, div. E, title III, Sec. 332(c), Dec. 8, 2004, 118 Stat. 3100.] "(f) Competitive Sourcing Study Defined. - In this subsection [probably means "this section"], the term 'competitive sourcing study' means a study on subjecting work performed by Federal Government employees or private contractors to public-private competition or on converting the Federal Government employees or the work performed by such employees to private contractor performance under the Office of Management and Budget Circular A-76 or any other administrative regulation, directive, or policy." STUDY OF POLICIES AND PROCEDURES FOR TRANSFER OF COMMERCIAL ACTIVITIES Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 832], Oct. 30, 2000, 114 Stat. 1654, 1654A-221, provided that the Comptroller General was to convene a panel of experts to study the policies and procedures governing the transfer of commercial activities for the Federal Government from Government personnel to Federal contractors and to appoint highly qualified and knowledgeable persons, from appropriate governmental agencies and private industry, to serve on the panel, whose chairman would be the Comptroller General or a designated individual within the GAO, and provided that interested parties would be allowed to participate, that the panel would have access to necessary information from Federal agencies, and that the Comptroller General was to submit a report of the panel on the results of the study to Congress no later than May 1, 2002. USE OF PRIVATE ENTERPRISES Pub. L. 106-53, title II, Sec. 227, Aug. 17, 1999, 113 Stat. 298, provided that: "(a) In General. - The Secretary [of the Army] shall comply with the requirements of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note; Public Law 105-270). "(b) Compliance With Other Law. - "(1) Inventory and review. - In carrying out this section, the Secretary shall inventory and review all activities that are not inherently governmental in nature in accordance with the Federal Activities Inventory Reform Act of 1998. "(2) Architectural and engineering services. - Any review and conversion by the Secretary to performance by private enterprise of an architectural or engineering service (including a surveying or mapping service) shall be carried out in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.) [now sections 1101-1104 of title 40]." FEDERAL ACTIVITIES INVENTORY REFORM Pub. L. 110-28, title VI, Sec. 6201, May 25, 2007, 121 Stat. 171, provided that: "Hereafter, Federal employees at the National Energy Technology Laboratory shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 [Pub. L. 105-270] (31 U.S.C. 501 note)." Pub. L. 110-28, title VI, Sec. 6602(b), May 25, 2007, 121 Stat. 178, provided that: "Hereafter, Federal employees at the Mine Safety and Health Administration shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 [Pub. L. 105-270] (31 U.S.C. 501 note)." Pub. L. 105-270, Oct. 19, 1998, 112 Stat. 2382, as amended by Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109-115, div. A, title VIII, Sec. 840, Nov. 30, 2005, 119 Stat. 2505, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Federal Activities Inventory Reform Act of 1998'. "SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY GOVERNMENTAL IN NATURE. "(a) Lists Required. - Not later than the end of the third quarter of each fiscal year, the head of each executive agency shall submit to the Director of the Office of Management and Budget a list of activities performed by Federal Government sources for the executive agency that, in the judgment of the head of the executive agency, are not inherently governmental functions. The entry for an activity on the list shall include the following: "(1) The fiscal year for which the activity first appeared on a list prepared under this section. "(2) The number of full-time employees (or its equivalent) that are necessary for the performance of the activity by a Federal Government source. "(3) The name of a Federal Government employee responsible for the activity from whom additional information about the activity may be obtained. "(b) OMB Review and Consultation. - The Director of the Office of Management and Budget shall review the executive agency's list for a fiscal year and consult with the head of the executive agency regarding the content of the final list for that fiscal year. "(c) Public Availability of Lists. - "(1) Publication. - Upon the completion of the review and consultation regarding a list of an executive agency - "(A) the head of the executive agency shall promptly transmit a copy of the list to Congress and make the list available to the public; and "(B) the Director of the Office of Management and Budget shall promptly publish in the Federal Register a notice that the list is available to the public. "(2) Changes. - If the list changes after the publication of the notice as a result of the resolution of a challenge under section 3, the head of the executive agency shall promptly - "(A) make each such change available to the public and transmit a copy of the change to Congress; and "(B) publish in the Federal Register a notice that the change is available to the public. "(d) Competition Required. - Within a reasonable time after the date on which a notice of the public availability of a list is published under subsection (c), the head of the executive agency concerned shall review the activities on the list. Each time that the head of the executive agency considers contracting with a private sector source for the performance of such an activity, the head of the executive agency shall use a competitive process to select the source (except as may otherwise be provided in a law other than this Act, an Executive order, regulations, or any executive branch circular setting forth requirements or guidance that is issued by competent executive authority). The Director of the Office of Management and Budget shall issue guidance for the administration of this subsection. "(e) Realistic and Fair Cost Comparisons. - For the purpose of determining whether to contract with a source in the private sector for the performance of an executive agency activity on the list on the basis of a comparison of the costs of procuring services from such a source with the costs of performing that activity by the executive agency, the head of the executive agency shall ensure that all costs (including the costs of quality assurance, technical monitoring of the performance of such function, liability insurance, employee retirement and disability benefits, and all other overhead costs) are considered and that the costs considered are realistic and fair. "SEC. 3. CHALLENGES TO THE LIST. "(a) Challenge Authorized. - An interested party may submit to an executive agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice of public availability has been published under section 2. "(b) Interested Party Defined. - For the purposes of this section, the term 'interested party', with respect to an activity referred to in subsection (a), means the following: "(1) A private sector source that - "(A) is an actual or prospective offeror for any contract, or other form of agreement, to perform the activity; and "(B) has a direct economic interest in performing the activity that would be adversely affected by a determination not to procure the performance of the activity from a private sector source. "(2) A representative of any business or professional association that includes within its membership private sector sources referred to in paragraph (1). "(3) An officer or employee of an organization within an executive agency that is an actual or prospective offeror to perform the activity. "(4) The head of any labor organization referred to in section 7103(a)(4) of title 5, United States Code, that includes within its membership officers or employees of an organization referred to in paragraph (3). "(c) Time for Submission. - A challenge to a list shall be submitted to the executive agency concerned within 30 days after the publication of the notice of the public availability of the list under section 2. "(d) Initial Decision. - Within 28 days after an executive agency receives a challenge, an official designated by the head of the executive agency shall - "(1) decide the challenge; and "(2) transmit to the party submitting the challenge a written notification of the decision together with a discussion of the rationale for the decision and an explanation of the party's right to appeal under subsection (e). "(e) Appeal. - "(1) Authorization of appeal. - An interested party may appeal an adverse decision of the official to the head of the executive agency within 10 days after receiving a notification of the decision under subsection (d). "(2) Decision on appeal. - Within 10 days after the head of an executive agency receives an appeal of a decision under paragraph (1), the head of the executive agency shall decide the appeal and transmit to the party submitting the appeal a written notification of the decision together with a discussion of the rationale for the decision. "SEC. 4. APPLICABILITY. "(a) Executive Agencies Covered. - Except as provided in subsection (b), this Act applies to the following executive agencies: "(1) Executive department. - An executive department named in section 101 of title 5, United States Code. "(2) Military department. - A military department named in section 102 of title 5, United States Code. "(3) Independent establishment. - An independent establishment, as defined in section 104 of title 5, United States Code. "(b) Exceptions. - This Act does not apply to or with respect to the following: "(1) Government accountability office. - The Government Accountability Office. "(2) Government corporation. - A Government corporation or a Government controlled corporation, as those terms are defined in section 103 of title 5, United States Code. "(3) Nonappropriated funds instrumentality. - A part of a department or agency if all of the employees of that part of the department or agency are employees referred to in section 2105(c) of title 5, United States Code. "(4) Certain depot-level maintenance and repair. - Depot-level maintenance and repair of the Department of Defense (as defined in section 2460 of title 10, United States Code). "(5) Executive agencies with fewer than 100 full-time employees as of the first day of the fiscal year. However, such an agency shall be subject to section 2 to the extent it plans to conduct a public-private competition for the performance of an activity that is not inherently governmental. "SEC. 5. DEFINITIONS. "In this Act: "(1) Federal government source. - The term 'Federal Government source', with respect to performance of an activity, means any organization within an executive agency that uses Federal Government employees to perform the activity. "(2) Inherently governmental function. - "(A) Definition. - The term 'inherently governmental function' means a function that is so intimately related to the public interest as to require performance by Federal Government employees. "(B) Functions included. - The term includes activities that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government, including judgments relating to monetary transactions and entitlements. An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as - "(i) to bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; "(ii) to determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; "(iii) to significantly affect the life, liberty, or property of private persons; "(iv) to commission, appoint, direct, or control officers or employees of the United States; or "(v) to exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of appropriated and other Federal funds. "(C) Functions excluded. - The term does not normally include - "(i) gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials; or "(ii) any function that is primarily ministerial and internal in nature (such as building security, mail operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management operations, or other routine electrical or mechanical services). "SEC. 6. EFFECTIVE DATE. "This Act shall take effect on October 1, 1998." PURPOSE OF AMENDMENTS BY PUB. L. 104-316 Pub. L. 104-316, title II, Sec. 201, Oct. 19, 1996, 110 Stat. 3842, provided that: "The purpose of this title [see Tables for classification] is to amend provisions of law to reflect, update, and enact transfers and subsequent delegations of functions made under section 211 of the Legislative Branch Appropriations Act, 1996 (Public Law 104-53, 109 Stat. 535) [see Transfer of Functions note above], as in effect immediately before this title takes effect [Oct. 19, 1996]." DEPARTMENT OF COMMERCE FRANCHISE FUND PILOT Pub. L. 108-199, div. B, title II, Sec. 206, Jan. 23, 2004, 118 Stat. 73, provided that: "Hereafter, the Secretary of Commerce may use the Commerce franchise fund for expenses and equipment necessary for the maintenance and operation of such administrative services as the Secretary determines may be performed more advantageously as central services, pursuant to section 403 of Public Law 103-356 [set out below]: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed 4 percent of the total annual income to such fund may be retained in the fund for fiscal year 2004 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment, and for the improvement and implementation of department financial management, automated data processing, and other support systems: Provided further, That such amounts retained in the fund for fiscal year 2004 and each fiscal year thereafter shall be available for obligation and expenditure only in accordance with section 605 of this Act [118 Stat. 93]: Provided further, That no later than 30 days after the end of each fiscal year, amounts in excess of this reserve limitation shall be deposited as miscellaneous receipts in the Treasury." Similar provisions were contained in the following prior appropriation acts: Pub. L. 108-7, div. B, title II, Sec. 207, Feb. 20, 2003, 117 Stat. 77. Pub. L. 107-77, title II, Sec. 207, Nov. 28, 2001, 115 Stat. 778. Pub. L. 106-553, Sec. 1(a)(2) [title II, Sec. 208], Dec. 21, 2000, 114 Stat. 2762, 2762A-79. Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title II, Sec. 209], Nov. 29, 1999, 113 Stat. 1535, 1501A-33. Pub. L. 105-277, div. A, Sec. 101(b) [title II, Sec. 209], Oct. 21, 1998, 112 Stat. 2681-50, 2681-87. DEPARTMENT OF THE INTERIOR FRANCHISE FUND PILOT Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec. 113], Sept. 30, 1996, 110 Stat. 3009-181, 3009-200, as amended by Pub. L. 108-7, div. F, title I, Sec. 149, Feb. 20, 2003, 117 Stat. 245, provided that: "There is hereby established in the Treasury a franchise fund pilot, as authorized by section 403 of Public Law 103-356 [set out below], to be available as provided in such section for costs of capitalizing and operating administrative services as the Secretary determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made prior to the current year for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund may be paid in advance from funds available to the Department and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automatic data processing (ADP) software and systems (either acquired or donated) and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment, and for the improvement and implementation of Department financial management, ADP, and other support systems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury: Provided further, That such franchise fund pilot shall terminate pursuant to section 403(f) of Public Law 103-356." DEPARTMENT OF VETERANS AFFAIRS FRANCHISE FUND PILOT Pub. L. 108-447, div. I, title I, Sec. 108, Dec. 8, 2004, 118 Stat. 3292, provided that: "Notwithstanding any other provision of law, the Department of Veterans Affairs shall continue the Franchise Fund pilot program authorized to be established by section 403 of Public Law 103-356 [set out below] until October 1, 2005: Provided, That the Franchise Fund, established by title I of Public Law 104-204 [set out as a note under section 301 of Title 38, Veterans' Benefits] to finance the operations of the Franchise Fund pilot program, shall continue until October 1, 2005." Similar provisions were contained in the following prior appropriation acts: Pub. L. 108-199, div. G, title I, Sec. 108, Jan. 23, 2004, 118 Stat. 369. Pub. L. 108-7, div. K, title I, Sec. 108, Feb. 20, 2003, 117 Stat. 481. Pub. L. 107-73, title I, Sec. 108, Nov. 26, 2001, 115 Stat. 658. DEPARTMENT OF HOMELAND SECURITY WORKING CAPITAL FUND Pub. L. 110-329, div. D, title V, Sec. 504, Sept. 30, 2008, 122 Stat. 3680, provided that: "The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103-356 (31 U.S.C. 501 note), shall continue operations as a permanent working capital fund for fiscal year 2009: Provided, That none of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the Working Capital Fund, except for the activities and amounts allowed in the President's fiscal year 2009 budget: Provided further, That funds provided to the Working Capital Fund shall be available for obligation until expended to carry out the purposes of the Working Capital Fund: Provided further, That all departmental components shall be charged only for direct usage of each Working Capital Fund service: Provided further, That funds provided to the Working Capital Fund shall be used only for purposes consistent with the contributing component: Provided further, That such fund shall be paid in advance or reimbursed at rates which will return the full cost of each service: Provided further, That the Working Capital Fund shall be subject to the requirements of section 503 of this Act [122 Stat. 3679]." Pub. L. 110-161, div. E, title V, Sec. 524, Dec. 26, 2007, 121 Stat. 2074, provided that: "The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103-356 (31 U.S.C. 501 note), shall continue operations during fiscal year 2008." Similar provisions were contained in the following prior appropriation act: Pub. L. 109-295, title V, Sec. 526, Oct. 4, 2006, 120 Stat. 1382. Pub. L. 109-13, div. A, title VI, Sec. 6025, May 11, 2005, 119 Stat. 287, provided that: "The Department of Homeland Security shall henceforth provide an appropriations justification for the 'Department of Homeland Security Working Capital Fund' to the Committees on Appropriations of the Senate and House of Representatives: Provided, That an annual appropriations justification shall be submitted to the Congress as a part of the President's budget as submitted under section 1105(a) of Title 31, United States Code, and shall contain the same level of detail as the Department's Congressional appropriations justification in support of the President's budget: Provided further, That the 'Department of Homeland Security Working Capital Fund' Congressional appropriations justification for fiscal year 2006 shall be submitted within 15 days of enactment of this Act [May 11, 2005]: Provided further, That the Chief Financial Officer shall ensure that all planned activities and amounts to be funded by the 'Department of Homeland Security Working Capital Fund', all reimbursable agreements, and all uses of the Economy Act [31 U.S.C. 1535] are explicitly identified in each Congressional appropriations justification in support of the President's budget provided for each agency and component of the Department." Pub. L. 108-90, title V, Sec. 506, Oct. 1, 2003, 117 Stat. 1153, provided in part: "That such fund [Federal Emergency Management Agency Working Capital Fund] shall hereafter be known as the 'Department of Homeland Security Working Capital Fund'." Pub. L. 104-204, title III, Sept. 26, 1996, 110 Stat. 2915, as amended by Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4, 2006, 120 Stat. 1410, provided in part: "For the establishment of a working capital fund for the Federal Emergency Management Agency, to be available without fiscal year limitation, for expenses and equipment necessary for maintenance and operations of such administrative services as the Administrator determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize such fund: Provided further, That such fund shall be reimbursed or credited with advance payments from applicable appropriations and funds of the Federal Emergency Management Agency, other Federal agencies, and other sources authorized by law for which such centralized services are performed, including supplies, materials, and services, at rates that will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve as determined by the Administrator: Provided further, That income of such fund may be retained, to remain available until expended, for purposes of the fund: Provided further, That fees for services shall be established by the Administrator at a level to cover the total estimated costs of providing such services, such fees to be deposited in the fund shall remain available until expended for purposes of the fund: Provided further, That such fund shall terminate in a manner consistent with section 403(f) of Public Law 103-356 [set out below]." [For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.] [For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] FRANCHISE FUND PILOT PROGRAMS Pub. L. 103-356, title IV, Sec. 403, Oct. 13, 1994, 108 Stat. 3413, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 627], Sept. 30, 1996, 110 Stat. 3009-314, 3009-360; Pub. L. 107-67, title VI, Sec. 634, Nov. 12, 2001, 115 Stat. 553; Pub. L. 108-7, div. J, title VI, Sec. 633, Feb. 20, 2003, 117 Stat. 471; Pub. L. 108-136, div. A, title XIV, Sec. 1426, Nov. 24, 2003, 117 Stat. 1670; Pub. L. 108-199, div. F, title VI, Sec. 632, Jan. 23, 2004, 118 Stat. 357; Pub. L. 108-447, div. H, title VI, Sec. 632, Dec. 8, 2004, 118 Stat. 3280; Pub. L. 109-90, title V, Sec. 539, Oct. 18, 2005, 119 Stat. 2088; Pub. L. 109-115, div. A, title VIII, Sec. 831, Nov. 30, 2005, 119 Stat. 2503; Pub. L. 110-161, div. D, title VII, Sec. 730, Dec. 26, 2007, 121 Stat. 2026, provided that: "(a) Establishment. - There is authorized to be established on a pilot program basis in each of six executive agencies a franchise fund. The Director of the Office of Management and Budget, after consultation with the chairman and ranking members of the Committees on Appropriations and Governmental Affairs of the Senate, and the Committees on Appropriations and Government Operations [now Committee on Oversight and Government Reform] of the House of Representatives, shall designate the agencies. "(b) Uses. - Each such fund may provide, consistent with guidelines established by the Director of the Office of Management and Budget, such common administrative support services to the agency and to other agencies as the head of such agency, with the concurrence of the Director, determines can be provided more efficiently through such a fund than by other means. To provide such services, each such fund is authorized to acquire the capital equipment, automated data processing systems, and financial management and management information systems needed. Services shall be provided by such funds on a competitive basis. "(c) Funding. - (1) There are authorized to be appropriated to the franchise fund of each agency designated under subsection (a) such funds as are necessary to carry out the purposes of the fund, to remain available until expended. To the extent that unexpended balances remain available in other accounts for the purposes to be carried out by the fund, the head of the agency may transfer such balances to the fund. "(2) Fees for services shall be established by the head of the agency at a level to cover the total estimated costs of providing such services. Such fees shall be deposited in the agency's fund to remain available until expended, and may be used to carry out the purposes of the fund. "(3) Existing inventories, including inventories on order, equipment, and other assets or liabilities pertaining to the purposes of the fund may be transferred to the fund. "(d) Report on Pilot Programs. - Within 6 months after the end of fiscal year 1997, the Director of the Office of Management and Budget shall forward a report on the results of the pilot programs to the Committees on Appropriations of the Senate and of the House of Representatives, and to the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Government Operations [now Committee on Oversight and Government Reform] of the House of Representatives. The report shall contain the financial and program performance results of the pilot programs, including recommendations for - "(1) the structure of the fund; "(2) the composition of the funding mechanism; "(3) the capacity of the fund to promote competition; and "(4) the desirability of extending the application and implementation of franchise funds to other Federal agencies. "(e) Procurement. - Nothing in this section shall be construed as relieving any agency of any duty under applicable procurement laws. "(f) Termination of Certain Authority. - The authority of the Secretary of Homeland Security to carry out a pilot program under this section shall terminate on October 1, 2008." [Pub. L. 109-289, div. B, title II, Sec. 21068, as added by Pub. L. 110-5, Sec. 2, Feb. 15, 2007, 121 Stat. 57, provided that: "Section 403(f) of Public Law 103-356 (31 U.S.C. 501 note) shall be applied by substituting the date specified in section 106 of this division [Sept. 30, 2007] for 'October 1, 2006'."] [Pub. L. 109-115, div. A, title VIII, Sec. 831, Nov. 30, 2005, 119 Stat. 2503, provided in part: "That this provision [amending section 403(f) of Pub. L. 103-356, set out above, by substituting "October 1, 2006" for "October 1, 2005"] shall not apply to the Department of Homeland Security."] [Pub. L. 109-90, title V, Sec. 539, Oct. 18, 2005, 119 Stat. 2088, amended section 403(f) of Pub. L. 103-356, set out above, by substituting "October 1, 2006" for "October 1, 2005", for activities related to the Department of Homeland Security Working Capital Fund.] [Pub. L. 108-199, div. F, title VI, Sec. 632, Jan. 23, 2004, 118 Stat. 357, which directed the amendment of subsec. (f) of section 403 of Pub. L. 103-356, set out above, by substituting "October 1, 2004" for "October 1, 2003", was executed by making the substitution for "December 31, 2004" to reflect the probable intent of Congress.] SIMPLIFICATION OF MANAGEMENT REPORTING PROCESS Pub. L. 103-356, title IV, Sec. 404, Oct. 13, 1994, 108 Stat. 3414, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 646], Sept. 30, 1996, 110 Stat. 3009-314, 3009-366; Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 241], Nov. 29, 1999, 113 Stat. 1536, 1501A-303, provided that: "(a) In General. - To improve the efficiency of executive branch performance in implementing statutory requirements for financial management reporting to the Congress and its committees, the Director of the Office of Management and Budget may adjust the frequency and due dates of or consolidate any statutorily required reports of agencies to the Office of Management and Budget or the President and of agencies or the Office of Management and Budget to the Congress under any laws for which the Office of Management and Budget has financial management responsibility, including - "(1) chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of title 31, United States Code; "(2) the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 101-410; 104 Stat. 890). "(b) Application. - The authority provided in subsection (a) shall apply only to reports of agencies to the Office of Management and Budget or the President and of agencies or the Office of Management and Budget to the Congress required by statute to be submitted between January 1, 1995, and April 30, 2000. "(c) Adjustments in Reporting. - The Director may consolidate or adjust the frequency and due dates of any statutorily required reports under subsections (a) and (b) only after - "(1) consultation with the Chairman of the Senate Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] and the Chairman of the House of Representatives Committee on Government Operations [now Committee on Oversight and Government Reform]; and "(2) written notification to the Congress, no later than February 8 of each fiscal year covered under subsection (b) for those reports required to be submitted during that fiscal year." FINDINGS AND PURPOSES OF CHIEF FINANCIAL OFFICERS ACT OF 1990 Pub. L. 101-576, title I, Sec. 102, Nov. 15, 1990, 104 Stat. 2838, provided that: "(a) Findings. - The Congress finds the following: "(1) General management functions of the Office of Management and Budget need to be significantly enhanced to improve the efficiency and effectiveness of the Federal Government. "(2) Financial management functions of the Office of Management and Budget need to be significantly enhanced to provide overall direction and leadership in the development of a modern Federal financial management structure and associated systems. "(3) Billions of dollars are lost each year through fraud, waste, abuse, and mismanagement among the hundreds of programs in the Federal Government. "(4) These losses could be significantly decreased by improved management, including improved central coordination of internal controls and financial accounting. "(5) The Federal Government is in great need of fundamental reform in financial management requirements and practices as financial management systems are obsolete and inefficient, and do not provide complete, consistent, reliable, and timely information. "(6) Current financial reporting practices of the Federal Government do not accurately disclose the current and probable future cost of operating and investment decisions, including the future need for cash or other resources, do not permit adequate comparison of actual costs among executive agencies, and do not provide the timely information required for efficient management of programs. "(b) Purposes. - The purposes of this Act [see Short Title of 1990 Amendment note above] are the following: "(1) Bring more effective general and financial management practices to the Federal Government through statutory provisions which would establish in the Office of Management and Budget a Deputy Director for Management, establish an Office of Federal Financial Management headed by a Controller, and designate a Chief Financial Officer in each executive department and in each major executive agency in the Federal Government. "(2) Provide for improvement, in each agency of the Federal Government, of systems of accounting, financial management, and internal controls to assure the issuance of reliable financial information and to deter fraud, waste, and abuse of Government resources. "(3) Provide for the production of complete, reliable, timely, and consistent financial information for use by the executive branch of the Government and the Congress in the financing, management, and evaluation of Federal programs." DUTIES AND FUNCTIONS OF DEPARTMENT OF THE TREASURY Pub. L. 101-576, title II, Sec. 204, Nov. 15, 1990, 104 Stat. 2842, provided that: "Nothing in this Act [see Short Title of 1990 Amendment note above] shall be construed to interfere with the exercise of the functions, duties, and responsibilities of the Department of the Treasury, as in effect immediately before the enactment of this Act [Nov. 15, 1990]." REORGANIZATION PLAN NO. 2 OF 1970 EFF. JULY 1, 1970, 35 F.R. 7959, 84 STAT. 2085, AS AMENDED PUB. L. 97-258, SEC. 5(B), SEPT. 13, 1982, 96 STAT. 1068, 1085 Prepared by the President and Transmitted to the Senate and the House of Representatives in Congress Assembled March 12, 1970, Pursuant to the Provisions of Chapter 9 of Title 5 of the United States Code. OFFICE OF MANAGEMENT AND BUDGET; DOMESTIC COUNCIL PART I. OFFICE OF MANAGEMENT AND BUDGET SECTION 101. TRANSFER OF FUNCTIONS TO THE PRESIDENT There are hereby transferred to the President of the United States all functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget. SEC. 102. OFFICE OF MANAGEMENT AND BUDGET [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085. Section designated the Bureau of the Budget as the Office of Management and Budget, provided for the officers and their duties, and provided for performance of the duties of the Director in the event of absence or disability or a vacancy in the office of Director.] SEC. 103. RECORDS, PROPERTY, PERSONNEL, AND FUNDS [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085. Section provided that the records, property, personnel, and unexpended balances etc., of the Bureau of the Budget shall become those of the Office of Management and Budget.] PART II. DOMESTIC COUNCIL SEC. 201. ESTABLISHMENT OF THE COUNCIL (a) There is hereby established in the Executive Office of the President a Domestic Council, hereinafter referred to as the Council. (b) The Council shall be composed of the following: The President of the United States The Vice President of the United States The Attorney General Secretary of Agriculture Secretary of Commerce Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Secretary of the Interior Secretary of Labor Secretary of Transportation Secretary of the Treasury and such other officers of the Executive Branch as the President may from time to time direct. (c) The President of the United States shall preside over meetings of the Council: Provided, That, in the event of his absence, he may designate a member of the Council to preside. SEC. 202. FUNCTIONS OF THE COUNCIL The Council shall perform such functions as the President may from time to time delegate or assign thereto. SEC. 203. EXECUTIVE DIRECTOR The staff of the Council shall be headed by an Executive Director who shall be an assistant to the President designated by the President. The Executive Director shall perform such functions as the President may from time to time direct. PART III. TAKING EFFECT SEC. 301. EFFECTIVE DATE The provisions of this reorganization plan shall take effect as provided by section 906(a) of title 5 of the United States Code, or on July 1, 1970, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: We in government often are quick to call for reform in other institutions, but slow to reform ourselves. Yet nowhere today is modern management more needed than in government itself. In 1939, President Franklin D. Roosevelt proposed and the Congress accepted a reorganization plan that laid the groundwork for providing managerial assistance for a modern Presidency. The plan placed the Bureau of the Budget within the Executive Office of the President. It made available to the President direct access to important new management instruments. The purpose of the plan was to improve the administration of the Government - to ensure that the Government could perform "promptly, effectively, without waste or lost motion." Fulfilling that purpose today is far more difficult - and more important - than it was 30 years ago. Last April, I created a President's Advisory Council on Executive Organization and named to it a distinguished group of outstanding experts headed by Roy L. Ash. I gave the Council a broad charter to examine ways in which the Executive Branch could be better organized. I asked it to recommend specific organizational changes that would make the Executive Branch a more vigorous and more effective instrument for creating and carrying out the programs that are needed today. The Council quickly concluded that the place to begin was in the Executive Office of the President itself. I agree. The past 30 years have seen enormous changes in the size, structure and functions of the Federal Government. The budget has grown from less than $10 billion to $200 billion. The number of civilian employees has risen from one million to more than two and a half million. Four new Cabinet departments have been created, along with more than a score of independent agencies. Domestic policy issues have become increasingly complex. The interrelationships among Government programs have become more intricate. Yet the organization of the President's policy and management arms has not kept pace. Over three decades, the Executive Office of the President has mushroomed but not by conscious design. In many areas it does not provide the kind of staff assistance and support the President needs in order to deal with the problems of government in the 1970s. We confront the 1970s with a staff organization geared in large measure to the tasks of the 1940s and 1950s. One result, over the years, has been a tendency to enlarge the immediate White House staff - that is, the President's personal staff, as distinct from the institutional structure - to assist with management functions for which the President is responsible. This has blurred the distinction between personal staff and management institutions; it has left key management functions to be performed only intermittently and some not at all. It has perpetuated outdated structures. Another result has been, paradoxically, to inhibit the delegation of authority to Departments and agencies. A President whose programs are carefully coordinated, whose information system keeps him adequately informed, and whose organizational assignments are plainly set out, can delegate authority with security and confidence. A President whose office is deficient in these respects will be inclined, instead, to retain close control of operating responsibilities which he cannot and should not handle. Improving the management processes of the President's own office, therefore, is a key element in improving the management of the entire Executive Branch, and in strengthening the authority of its Departments and agencies. By providing the tools that are needed to reduce duplication, to monitor performance and to promote greater efficiency throughout the Executive Branch, this also will enable us to give the country not only more effective but also more economical government - which it deserves. To provide the management tools and policy mechanisms needed for the 1970s, I am today transmitting to the Congress Reorganization Plan No. 2 of 1970, prepared in accordance with Chapter 9 of Title 5 of the United States Code. This plan draws not only on the work of the Ash Council itself, but also on the work of others that preceded - including the pioneering Brownlow Committee of 1936, the two Hoover Commissions, the Rockefeller Committee, and other Presidential task forces. Essentially, the plan recognizes that two closely connected but basically separate functions both center in the President's office: policy determination and executive management. This involves (1) what government should do, and (2) how it goes about doing it. My proposed reorganization creates a new entity to deal with each of these functions: - It establishes a Domestic Council, to coordinate policy formulation in the domestic area. This Cabinet group would be provided with an institutional staff, and to a considerable degree would be a domestic counterpart to the National Security Council. - It establishes an Office of Management and Budget, which would be the President's principal arm for the exercise of his managerial functions. The Domestic Council will be primarily concerned with what we do; the Office of Management and Budget will be primarily concerned with how we do it, and how well we do it. DOMESTIC COUNCIL The past year's experience with the Council for Urban Affairs has shown how immensely valuable a Cabinet-level council can be as a forum for both discussion and action on policy matters that cut across departmental jurisdictions. The Domestic Council will be chaired by the President. Under the plan, its membership will include the Vice President, and the Secretaries of the Treasury, Interior, Agriculture, Commerce, Labor, Health, Education and Welfare, Housing and Urban Development, and Transportation, and the Attorney General. I also intend to designate as members the Director of the Office of Economic Opportunity and, while he remains a member of the Cabinet, the Postmaster General. (Although I continue to hope that the Congress will adopt my proposal to create, in place of the Post Office Department, a self-sufficient postal authority.) The President could add other Executive Branch officials at his discretion. The Council will be supported by a staff under an Executive Director who will also be one of the President's assistants. Like the National Security Council staff, this staff will work in close coordination with the President's personal staff but will have its own institutional identity. By being established on a permanent, institutional basis, it will be designed to develop and employ the "institutional memory" so essential if continuity is to be maintained, and if experience is to play its proper role in the policy-making process. There does not now exist an organized, institutionally-staffed group charged with advising the President on the total range of domestic policy. The Domestic Council will fill that need. Under the President's direction, it will also be charged with integrating the various aspects of domestic policy into a consistent whole. Among the specific policy functions in which I intend the Domestic Council to take the lead are these: - Assessing national needs, collecting information and developing forecasts, for the purpose of defining national goals and objectives. - Identifying alternative ways of achieving these objectives, and recommending consistent, integrated sets of policy choices. - Providing rapid response to Presidential needs for policy advice on pressing domestic issues. - Coordinating the establishment of national priorities for the allocation of available resources. - Maintaining a continuous review of the conduct of ongoing programs from a policy standpoint, and proposing reforms as needed. Much of the Council's work will be accomplished by temporary, ad hoc project committees. These might take a variety of forms, such as task forces, planning groups or advisory bodies. They can be established with varying degrees of formality, and can be set up to deal either with broad program areas or with specific problems. The committees will draw for staff support on Department and agency experts, supplemented by the Council's own staff and that of the Office of Management and Budget. Establishment of the Domestic Council draws on the experience gained during the past year with the Council for Urban Affairs, the Cabinet Committee on the Environment and the Council for Rural Affairs. The principal key to the operation of these Councils has been the effective functioning of their various subcommittees. The Councils themselves will be consolidated into the Domestic Council; Urban, Rural and Environment subcommittees of the Domestic Council will be strengthened, using access to the Domestic Council staff. Overall, the Domestic Council will provide the President with a streamlined, consolidated domestic policy arm, adequately staffed, and highly flexible in its operation. It also will provide a structure through which departmental initiatives can be more fully considered, and expert advice from the Departments and agencies more fully utilized. OFFICE OF MANAGEMENT AND BUDGET Under the reorganization plan, the technical and formal means by which the Office of Management and Budget is created is by re- designating the Bureau of the Budget as the Office of Management and Budget. The functions currently vested by law in the Bureau, or in its director, are transferred to the President, with the provision that he can then re-delegate them. As soon as the reorganization plan takes effect, I intend to delegate those statutory functions to the Director of the new Office of Management and Budget, including those under section 212 of the Budget and Accounting Act, 1921 [31 U.S.C. 1113]. However, creation of the Office of Management and Budget represents far more than a mere change of name for the Bureau of the Budget. It represents a basic change in concept and emphasis, reflecting the broader management needs of the Office of the President. The new Office will still perform the key function of assisting the President in the preparation of the annual Federal budget and overseeing its execution. It will draw upon the skills and experience of the extraordinarily able and dedicated career staff developed by the Bureau of the Budget. But preparation of the budget as such will no longer be its dominant, overriding concern. While the budget function remains a vital tool of management, it will be strengthened by the greater emphasis the new office will place on fiscal analysis. The budget function is only one of several important management tools that the President must now have. He must also have a substantially enhanced institutional staff capability in other areas of executive management - particularly in program evaluation and coordination, improvement of Executive Branch organization, information and management systems, and development of executive talent. Under this plan, strengthened capability in these areas will be provided partly through internal reorganization, and it will also require additional staff resources. The new Office of Management and Budget will place much greater emphasis on the evaluation of program performance: on assessing the extent to which programs are actually achieving their intended results, and delivering the intended services to the intended recipients. This is needed on a continuing basis, not as a one-time effort. Program evaluation will remain a function of the individual agencies as it is today. However, a single agency cannot fairly be expected to judge overall effectiveness in programs that cross agency lines - and the difference between agency and Presidential perspectives requires a capacity in the Executive Office to evaluate program performance whenever appropriate. The new Office will expand efforts to improve interagency cooperation in the field. Washington-based coordinators will help work out interagency problems at the operating level, and assist in developing efficient coordinating mechanisms throughout the country. The success of these efforts depends on the experience, persuasion, and understanding of an Office which will be an expediter and catalyst. The Office will also respond to requests from State and local governments for assistance on intergovernmental programs. It will work closely with the Vice President and the Office of Intergovernmental Relations. Improvement of Government organization, information and management systems will be a major function of the Office of Management and Budget. It will maintain a continuous review of the organizational structures and management processes of the Executive Branch, and recommend needed changes. It will take the lead in developing new information systems to provide the President with the performance and other data that he needs but does not now get. When new programs are launched, it will seek to ensure that they are not simply forced into or grafted onto existing organizational structures that may not be appropriate. Resistance to organizational change is one of the chief obstacles to effective government; the new Office will seek to ensure that organization keeps abreast of program needs. The new Office will also take the lead in devising programs for the development of career executive talent throughout the Government. Not the least of the President's needs as Chief Executive is direct capability in the Executive Office for insuring that talented executives are used to the full extent of their abilities. Effective, coordinated efforts for executive manpower development have been hampered by the lack of a system for forecasting the needs for executive talent and appraising leadership potential. Both are crucial to the success of an enterprise - whether private or public. The Office of Management and Budget will be charged with advising the President on the development of new programs to recruit, train, motivate, deploy, and evaluate the men and women who make up the top ranks of the civil service, in the broadest sense of that term. It will not deal with individuals, but will rely on the talented professionals of the Civil Service Commission and the Departments and agencies themselves to administer these programs. Under the leadership of the Office of Management and Budget there will be joint efforts to see to it that all executive talent is well utilized wherever it may be needed throughout the Executive Branch, and to assure that executive training and motivation meet not only today's needs but those of the years ahead. Finally, the new Office will continue the Legislative Reference functions now performed by the Bureau of the Budget, drawing together agency reactions on all proposed legislation, and helping develop legislation to carry out the President's program. It also will continue the Bureau's work of improving and coordinating Federal statistical services. SIGNIFICANCE OF THE CHANGES The people deserve a more responsive and more effective Government. The times require it. These changes will help provide it. Each reorganization included in the plan which accompanies this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. In particular, the plan is responsive to Section 901(a)(1), "to promote the better execution of the laws, the more effective management of the Executive Branch and of its agencies and functions, and the expeditious administration of the public business;" and Section 901(a)(3), "to increase the efficiency of the operations of the Government to the fullest extent practicable." The reorganizations provided for in this plan make necessary the appointment and compensation of new officers, as specified in Section 102(c) of the plan. The rates of compensation fixed for these officers are comparable to those fixed for other officers in the Executive Branch who have similar responsibilities. While this plan will result in a modest increase in direct expenditures, its strengthening of the Executive Office of the President will bring significant indirect savings, and at the same time will help ensure that people actually receive the return they deserve for every dollar the Government spends. The savings will result from the improved efficiency these changes will provide throughout the Executive Branch - and also from curtailing the waste that results when programs simply fail to achieve their objectives. It is not practical, however, to itemize or aggregate these indirect expenditure reductions which will result from the reorganization. I expect to follow with other reorganization plans, quite possibly including ones that will affect other activities of the Executive Office of the President. Our studies are continuing. But this by itself is a reorganization of major significance, and a key to the more effective functioning of the entire Executive Branch. These changes would provide an improved system of policy making and coordination, a strengthened capacity to perform those functions that are now the central concerns of the Bureau of the Budget, and a more effective set of management tools for the performance of other functions that have been rapidly increasing in importance. The reorganization will not only improve the staff resources available to the President, but will also strengthen the advisory roles of those members of the Cabinet principally concerned with domestic affairs. By providing a means of formulating integrated and systematic recommendations on major domestic policy issues, the plan serves not only the needs of the President but also the interests of the Congress. This reorganization plan is of major importance to the functioning of modern government. The national interest requires it. I urge that the Congress allow it to become effective. Richard Nixon. The White House, March 12, 1970. -TRANS- ABOLITION OF DOMESTIC COUNCIL Domestic Council, established by Reorg. Plan No. 2 of 1970, Sec. 201, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2086, set out above, abolished by Reorg. Plan No. 1 of 1977, Sec. 3, 42 F.R. 56101, 91 Stat. 1633, set out in the Appendix to Title 5, Government Organization and Employees, effective on or before Apr. 1, 1978, at such time as specified by President. Section 5D of Reorg. Plan No. 1 of 1977 transferred all functions vested in Domestic Council to President with power to delegate performance of such transferred functions within Executive Office of President. -EXEC- EX. ORD. NO. 11541. PRESCRIBING DUTIES OF OFFICE OF MANAGEMENT AND BUDGET AND DOMESTIC COUNCIL Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, as amended by Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States, including section 301 of Title 3 of the United States Code, and pursuant to Reorganization Plan No. 2 of 1970 (hereinafter referred to as "the Plan") [set out as a note under this section], it is ordered as follows: Section 1. (a) All functions transferred to the President of the United States by Part I of the Plan (including the function vested by section 102(f) of designating the officials of the Office of Management and Budget who shall act as Director during the absence or disability of the Deputy Director or in the event of a vacancy in the office of Deputy Director) are hereby delegated to the Director of the Office of Management and Budget in the Executive Office of the President. Such functions shall be carried out by the Director under the direction of the President and pursuant to such further instructions as the President from time to time may issue. (b) All outstanding delegations, rules, regulations, orders, circulars, bulletins, or other forms of Executive or administrative action issued or taken by or relating to the Bureau of the Budget or the Director of the Bureau of the Budget prior to the effective date of this order shall, until amended or revoked, remain in full force and effect as if issued or taken by or relating to the Office of Management and Budget or the Director of the Office of Management and Budget. (c) The delegation to the Director of the Office of Management and Budget, pursuant to subsection (a) of this Section, of the functions vested in the Director of the Bureau of the Budget by Section 103 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 18b) [31 U.S.C. 1104(d)] and subsequently transferred to the President by Part I of Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), shall be implemented in accord with Section 3(a) of the Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), to the extent that provision is applicable. (d) The delegation to the Director of the Office of Management and Budget of the following executive development and personnel functions (which have been transferred to the Office of Personnel Management) is terminated on December 4, 1977: (1) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development and management. (2) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees. (3) Providing primary Executive Branch leadership in (i) developing and reviewing a program of policy guidance to departments and agencies for the organization of management responsibility under the Federal Labor Relations program; and (ii) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council. Sec. 2. (a) Under the direction of the President and subject to such further instructions as the President from time to time may issue, the Domestic Council in the Executive Office of the President shall (1) receive and develop information necessary for assessing national domestic needs and defining national domestic goals, and develop for the President alternative proposals for reaching those goals; (2) collaborate with the Office of Management and Budget and others in the determination of national domestic priorities for the allocation of available resources; (3) collaborate with the Office of Management and Budget and others to assure a continuing review of ongoing programs from the standpoint of their relative contributions to national goals as compared with their use of available resources; and (4) provide policy advice to the President on domestic issues. (b) The organizations listed herein are terminated and the functions heretofore assigned to them shall be performed by the Domestic Council: Council for Urban Affairs (Executive Order No. 11452 of January 23, 1969) Cabinet Committee on the Environment (Executive Order No. 11472 of May 29, 1969, as amended by Executive Order No. 11514 of March 5, 1970) Council for Rural Affairs (Executive Order No. 11493 of November 13, 1969) Sec. 3. This order shall be effective July 1, 1970. SUPERSEDURE OF EX. ORD. NO. 11541 Supersedure of Ex. Ord. No. 11541 to the extent that it is inconsistent with Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, see section 11(6) of Ex. Ord. No. 11609, set out as a note under section 301 of Title 3, The President; with Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069, see section 3 of Ex. Ord. No. 11713, set out as a note under section 301 of Title 3; with Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, see section 5 of Ex. Ord. No. 11717, set out below. EXECUTIVE ORDER NO. 11647 Ex. Ord. No. 11647, Feb. 10, 1972, 37 F.R. 3167, as amended by Ex. Ord. No. 11731, July 23, 1973, 38 F.R. 19903; Ex. Ord. No. 11892, Dec. 31, 1975, 41 F.R. 751; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which established Federal Regional Councils, was revoked by section 1-307 of Ex. Ord. No. 12149, July 20, 1979, 44 F.R. 43248. EX. ORD. NO. 11717. TRANSFER OF CERTAIN FUNCTIONS FROM OFFICE OF MANAGEMENT AND BUDGET TO GENERAL SERVICES ADMINISTRATION AND DEPARTMENT OF COMMERCE Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, provided: By virtue of the authority vested in me as President by the Constitution and Statutes of the United States, particularly by section 301 of title 3 of the United States Code, the Federal Property and Administrative Services Act of 1949, as amended, the Budget and Accounting Act, 1921, as amended, the Budget and Accounting Procedures Act of 1950, as amended, and Reorganization Plan No. 2 of 1970 [set out as a note above], it is hereby ordered as follows: Section 1. There are hereby transferred to the Administrator of General Services all functions that were being performed in the Office of Management and Budget on April 13, 1973 by: (1) The Financial Management Branch, the Procurement and Property Management Branch, and the Management Systems Branch of the Organization and Management Systems Division; and (2) the Management Information and Computer Systems Division with respect to policy control over automatic data processing (except those functions relating to the establishment of Government-wide automatic data-processing standards). Sec. 2. There are hereby transferred to the Secretary of Commerce all functions being performed on the date of this order in the Office of Management and Budget relating to the establishment of Government-wide automatic data processing standards, including the function of approving standards on behalf of the President pursuant to section 111(f)(2) of the Federal Property and Administrative Services Act of 1949, as amended [former 40 U.S.C. 759(f)(2)]. Sec. 3. (a) The functions transferred to the Administrator of the General Services Administration and to the Secretary of Commerce by this order do not include those performed in connection with the general oversight responsibilities of the Director of the Office of Management and Budget, as the head of that agency and as Assistant to the President for executive management, and the functions transferred by this order shall be performed subject to such general oversight to the same extent that other functions of the General Services Administration and the Department of Commerce, respectively, are so performed. (b) The functions vested in the President by the first sentence of section 111(g) of the Federal Property and Administrative Services Act of 1949, as amended [former 40 U.S.C. 759(g)], with respect to fiscal control of automatic data processing activities shall continue to be performed by the Director of the Office of Management and Budget. No function vested by statute in the Director shall be deemed to be affected by the provisions of this order. Sec. 4. So much of the personnel, property, records and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available, in connection with the functions transferred by this order as the Director of the Office of Management and Budget shall determine, shall be transferred to the Department of Commerce and the General Services Administration, respectively, at such times as the Director shall specify. Sec. 5. Executive Order No. 11541 of July 1, 1970, is hereby superseded to the extent that it is inconsistent with this order. Sec. 6. This order shall be effective as of April 15, 1973. Richard Nixon. SUPERSEDURE OF EX. ORD. NO. 11717 Ex. Ord. No. 11717 superseded to the extent that it is inconsistent with Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040, see section 4 of Ex. Ord. No. 11893, set out as a note under section 4252 of Title 42, The Public Health and Welfare. EXECUTIVE ORDER NO. 12013 Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931, which related to transfer of certain statistical functions and the establishment of the Statistical Policy Coordination Committee, was revoked by section 4(a) of Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, set out below. EX. ORD. NO. 12027. TRANSFER OF CERTAIN EXECUTIVE DEVELOPMENT AND OTHER PERSONNEL FUNCTIONS Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to transfer certain functions from the Director of the Office of Management and Budget to the Office of Personnel Management, it is hereby ordered as follows: Section 1. The following functions which heretofore have been performed by the Director of the Office of Management and Budget, either alone or in conjunction with the Office of Personnel Management, are hereby reassigned and delegated to the Office of Personnel Management: (a) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development, and management including: (1) Devising and establishing programs and encouraging agencies to devise and establish programs to forecast the need for career executive talent and to select, train, develop, motivate, deploy and evaluate the men and women who make up the top ranks of Federal civil service; (2) Initiating and leading efforts to ensure that potential executive talent is identified, developed and well utilized throughout the Executive Branch and; (3) Ensuring that executive training and motivation meet current and future needs. (b) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees. (c) Providing primary Executive Branch leadership in (1) developing and reviewing a program of policy guidance to departments and agencies for the organization of management's responsibility under the Federal Labor Relations program; and (2) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council. Sec. 2. Section 1 of Executive Order No. 11541, as amended [set out above], is further amended by adding thereto the following new subsection: "(d) The delegation to the Director of the Office of Management and Budget of the following executive development and personnel functions (which have been transferred to the Office of Personnel Management) is terminated on December 4, 1977: "(1) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development and management. "(2) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees. "(3) Providing primary Executive Branch leadership in (i) developing and reviewing a program of policy guidance to departments and agencies for the organization of management responsibility under the Federal Labor Relations program; and (ii) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council.". Sec. 3. Executive Order No. 11491, as amended [5 U.S.C. 7101 note], is further amended by amending Section 25(a) to read as follows: "The Office of Personnel Management, in conjunction with the Director of the Office of Management and Budget, shall establish and maintain a program for the policy guidance of agencies on labor- management relations in the Federal service and shall periodically review the implementation of these policies. The Office of Personnel Management shall be responsible for the day-to-day policy guidance under that program. The Office of Personnel Management also shall continuously review the operation of the Federal labor- management relations program to assist in assuring adherence to its provisions and merit system requirements; implement technical advice and information programs for the agencies; assist in the development of programs for training agency personnel and management officials in labor-management relations; and, from time to time, report to the Council on the state of the program with any recommendations for its improvement.". Sec. 4. Section 5(a) of Executive Order No. 11636 of December 17, 1971 [formerly set out as a note under 22 U.S.C. 801], establishing an Employee-Management Relations Commission as a committee of the Board of the Foreign Service, is amended by deleting: "The representative of the Office of Management and Budget shall be the Chairman of the Commission" and substituting therefor "The representative of the Office of Personnel Management shall be the Chairman of the Commission". Sec. 5. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned by this Order from the Office of Management and Budget to the Office of Personnel Management, are hereby transferred to the Office of Personnel Management. Sec. 6. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. Sec. 7. This Order shall be effective December 4, 1977. Jimmy Carter. EXECUTIVE ORDER NO. 12074 Ex. Ord. No. 12074, Aug. 16, 1978, 43 F.R. 36875, which related to urban and community impact analyses, was revoked by Ex. Ord. No. 12350, Mar. 9, 1982, 47 F.R. 10503. EXECUTIVE ORDER NO. 12149 Ex. Ord. No. 12149, July 20, 1979, 44 F.R. 43247, which established Federal Regional Councils, was revoked by section 4(b) of Ex. Ord. No. 12314, July 22, 1981, 46 F.R. 38330. EXECUTIVE ORDER NO. 12301 Executive Order No. 12301, Mar. 26, 1981, 46 F.R. 19211, as amended by Ex. Ord. No. 13118, Sec. 10(5), Mar. 31, 1999, 64 F.R. 16598, which established the President's Council on Integrity and Efficiency in Federal programs, was revoked by Ex. Ord. No. 12625, Jan. 27, 1988, 53 F.R. 2812, formerly set out below. EXECUTIVE ORDER NO. 12314 Ex. Ord. No. 12314, July 22, 1981, 46 F.R. 38329, which established Federal Regional Councils, was revoked by Ex. Ord. No. 12407, Feb. 22, 1983, 48 F.R. 7717. EX. ORD. NO. 12318. TRANSFER OF CERTAIN STATISTICAL POLICY FUNCTIONS Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided: By virtue of the authority vested in me as President by the Constitution and statutes of the United States, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], Section 3(a) of the Paperwork Reduction Act of 1980 (Public Law 96-511, 94 Stat. 2825, 44 U.S.C. 3503 note), and Section 301 of Title 3 of the United States Code, and in order to transfer, redelegate, and reassign certain statistical policy functions from the Secretary of Commerce to the Director of the Office of Management and Budget, and to require redelegation of certain functions to the Administrator for the Office of Information and Regulatory Affairs, it is hereby ordered as follows: Section 1. Sec. 1(c) of Executive Order No. 11541 of July 1, 1970, as amended [set out as a note above], is amended by deleting the last phrase "is terminated on October 9, 1977" and substituting therefor "shall be implemented in accord with Section 3(a) of the Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), to the extent that provision is applicable". Sec. 2. Executive Order No. 10253 of July 11, 1951, as amended [31 U.S.C. 1104 note], is further amended as follows: (a) "Secretary of Commerce" is deleted in Section 1 and "Director of the Office of Management and Budget" is substituted therefor. (b) "Secretary" is deleted wherever it appears in Sections 1, 2, 4, 5, and 6 and "Director" is substituted therefor. (c) "Department of Commerce" is deleted in Section 6 and "Office of Management and Budget" is substituted therefor. (d) Section 7 is deleted and a new Section 7 is substituted therefor as follows: "Sec. 7. As required by Section 3(a) of the Paperwork Reduction Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), the Director shall redelegate to the Administrator for the Office of Information and Regulatory Affairs, Office of Management and Budget, all functions, authority, and responsibility under Section 103 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 18b) [31 U.S.C. 1104(d)] which have been vested in the Director by this Order." (e) Section 8 is revoked. Sec. 3. Executive Order No. 10033, as amended [22 U.S.C. 286f note], is further amended as follows: (a) "Secretary of Commerce, hereinafter referred to as the Secretary,", is deleted in Section 1 and "Director of the Office of Management and Budget, hereinafter referred to as the Director,", is substituted therefor. (b) "Secretary" is deleted wherever it appears in Sections 2(a), 2(b), 2(c), 3, 4, and 5 and "Director" is substituted therefor. (c) Section 7 is revoked. Sec. 4. (a) Executive Order No. 12013 is revoked. (b) Section 4 of Executive Order No. 11961, as amended [22 U.S.C. 3101 note], is further amended by deleting "the Secretary of Commerce shall perform the functions set forth in Sections 4(a)(3) and 5(c) of the Act" [22 U.S.C. 3103(a)(3), 3104(c)], and substituting therefor "the Secretary of Commerce shall perform the function of making periodic reports to the Committees of the Congress as set forth in Section 4(a)(3) of the Act" [22 U.S.C. 3103(a)(3)]. Sec. 5. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned from the Secretary of Commerce to the Director of the Office of Management and Budget by the delegations made in this Order, are hereby transferred to the Director of the Office of Management and Budget. Sec. 6. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all steps necessary or appropriate to ensure or effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. Sec. 7. Any rules, regulations, orders, directives, circulars, or other actions taken pursuant to the functions transferred or reassigned from the Secretary of Commerce to the Director of the Office of Management and Budget by the delegations made in this Order, shall remain in effect until amended, modified, or revoked pursuant to the delegations made in this Order. Sec. 8. This Order shall be effective August 23, 1981. Ronald Reagan. EXECUTIVE ORDER NO. 12479 Ex. Ord. No. 12479, May 24, 1984, 49 F.R. 22243, which established President's Council on Management Improvement, assigned functions of Council and responsibilities of Chairman, and provided for administrative support, was revoked by Ex. Ord. No. 12816, Oct. 14, 1992, 57 F.R. 47562, formerly set below. EXECUTIVE ORDER NO. 12552 Ex. Ord. No. 12552, Feb. 25, 1986, 51 F.R. 7041, which provided for establishment of a comprehensive program for improvement of productivity throughout all Executive departments and agencies, was superseded by Ex. Ord. No. 12637, Apr. 27, 1988, 53 F.R. 15349, formerly set out below, and was revoked by Ex. Ord. No. 13048, Sec. 5, June 10, 1997, 62 F.R. 32469, set out below. EX. ORD. NO. 12615. PERFORMANCE OF COMMERCIAL ACTIVITIES Ex. Ord. No. 12615, Nov. 19, 1987, 52 F.R. 44853, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to facilitate ongoing efforts to ensure that the Federal Government acquires needed goods and services in the most economical and efficient manner, it is hereby ordered as follows: Section 1. The head of each Executive department and agency shall, to the extent permitted by law: (a) Ensure that new Federal Government requirements for commercial activities are provided by private industry, except where statute or national security requires government performance or where private industry costs are unreasonable; (b) Identify by April 29, 1988, in cooperation with the Director of the Office of Management and Budget all commercial activities currently performed by government. The department and agency heads are encouraged to consult with the President's Commission on Privatization in making such identification; (c) Schedule, by June 30, 1988, all commercial activities identified pursuant to subsection (b) for study in accordance with the procedures of OMB Circular No. A-76, as revised, and the Supplement thereto, to determine whether they could be performed more economically by private industry; (d) Meet the study goals for Fiscal Year 1988 set forth in "Management of the United States Government, Fiscal Year 1988"; and thereafter, beginning with Fiscal Year 1989, conduct annual studies of not less than 3 percent of the department or agency's total civilian population, until all identified potential commercial activities have been studied; (e) Include in each annual budget proposal to the Office of Management and Budget estimates of expected yearly budget savings from the privatization of commercial activities projected to be accomplished following the completion of scheduled studies, unless an exception is authorized by the Director of the Office of Management and Budget. These estimates shall be based on analysis of savings under previous studies and estimated savings to be achieved from future conversions to contract. A department or agency proposal may reflect retention of expected first-year savings as negotiated with the Office of Management and Budget for use as incentive compensation to reward employees covered by the studies for their productivity efforts, or for use in other productivity enhancement projects; (f) Develop and maintain an effective job placement program for government employees affected by privatization initiatives and cooperate fully in interagency placement efforts; (g) Designate a senior-level official to coordinate the OMB Circular No. A-76 studies and other privatization efforts; and (h) Report to the President on progress each quarter, through the Director of the Office of Management and Budget. Sec. 2. The Director of the Office of Management and Budget shall, to the extent permitted by law: (a) Issue guidance to departments and agencies to implement this Order. Such guidance shall be designed to ensure an equitable cost comparison of government-operated commercial activities with private industry performance of the same activities, and to improve the efficiency in the conduct of studies; (b) Publish for public review (i) not later than 30 days after its completion, the inventory of commercial activities identified pursuant to section 1(b) and the activities scheduled for study by departments and agencies in Fiscal Year 1988 pursuant to section 1(c); and (ii) not later than 30 days before the start of each successive fiscal year, the list of activities to be reviewed during that year pursuant to section 1(d); and (c) Establish a tracking system to monitor, on a quarterly basis, progress by departments and agencies in carrying out this Order. Sec. 3. The Director of the Office of Personnel Management, in consultation with the heads of other Executive departments and agencies, shall review and revise, as necessary and to the extent permitted by law, personnel policies and regulations in order (a) to ensure that government managers have the flexibility to organize in the most effective and efficient manner to achieve levels of productivity comparable with those of private industry, and (b) to reduce any adverse effects of productivity improvements on employees. Sec. 4. For purposes of this Order, the terms "commercial activity," "conversion to contract," and "cost comparison" shall have the meanings set forth in OMB Circular No. A-76, as revised. Sec. 5. Nothing in this Order shall be construed to confer a private right of action on any person, or to add in any way to applicable procurement procedures required by existing law. Ronald Reagan. EXECUTIVE ORDER NO. 12625 Ex. Ord. No. 12625, Jan. 27, 1988, 53 F.R. 2812, which established President's Council on Integrity and Efficiency as an interagency committee, was revoked by Ex. Ord. No. 12805, May 11, 1992, 57 F.R. 20627, formerly set out below. EXECUTIVE ORDER NO. 12637 Ex. Ord. No. 12637, Apr. 27, 1988, 53 F.R. 15349, which established a productivity improvement program for the Federal Government, was revoked by Ex. Ord. No. 13048, Sec. 5, June 10, 1997, 62 F.R. 32469, set out below. EX. ORD. NO. 12803. INFRASTRUCTURE PRIVATIZATION Ex. Ord. No. 12803, Apr. 30, 1992, 57 F.R. 19063, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure that the United States achieves the most beneficial economic use of its resources, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) "Privatization" means the disposition or transfer of an infrastructure asset, such as by sale or by long-term lease, from a State or local government to a private party. (b) "Infrastructure asset" means any asset financed in whole or in part by the Federal Government and needed for the functioning of the economy. Examples of such assets include, but are not limited to: roads, tunnels, bridges, electricity supply facilities, mass transit, rail transportation, airports, ports, waterways, water supply facilities, recycling and wastewater treatment facilities, solid waste disposal facilities, housing, schools, prisons, and hospitals. (c) "Originally authorized purposes" means the general objectives of the original grant program; however, the term is not intended to include every condition required for a grantee to have obtained the original grant. (d) "Transfer price" means: (i) the amount paid or to be paid by a private party for an infrastructure asset, if the asset is transferred as a result of competitive bidding; or (ii) the appraised value of an infrastructure asset, as determined by the head of the executive department or agency and the Director of the Office of Management and Budget, if the asset is not transferred as a result of competitive bidding. (e) "State and local governments" means the government of any State of the United States, the District of Columbia, any commonwealth, territory, or possession of the United States, and any county, municipality, city, town, township, local public authority, school district, special district, intrastate district, regional or interstate governmental entity, council of governments, and any agency or instrumentality of a local government, and any federally recognized Indian Tribe. Sec. 2. Fundamental Principles. Executive departments and agencies shall be guided by the following objectives and principles: (a) Adequate and well-maintained infrastructure is critical to economic growth. Consistent with the principles of federalism enumerated in Executive Order No. 12612 [formerly set out under section 601 of Title 5, Government Organization and Employees], and in order to allow the private sector to provide for infrastructure modernization and expansion, State and local governments should have greater freedom to privatize infrastructure assets. (b) Private enterprise and competitively driven improvements are the foundation of our Nation's economy and economic growth. Federal financing of infrastructure assets should not act as a barrier to the achievement of economic efficiencies through additional private market financing or competitive practices, or both. (c) State and local governments are in the best position to assess and respond to local needs. State and local governments should, subject to assuring continued compliance with Federal requirements that public use be on reasonable and nondiscriminatory terms, have maximum possible freedom to make decisions concerning the maintenance and disposition of their federally financed infrastructure assets. (d) User fees are generally more efficient than general taxes as a means to support infrastructure assets. Privatization transactions should be structured so as not to result in unreasonable increases in charges to users. Sec. 3. Privatization Initiative. To the extent permitted by law, the head of each executive department and agency shall undertake the following actions: (a) Review those procedures affecting the management and disposition of federally financed infrastructure assets owned by State and local governments and modify those procedures to encourage appropriate privatization of such assets consistent with this order; (b) Assist State and local governments in their efforts to advance the objectives of this order; and (c) Approve State and local governments' requests to privatize infrastructure assets, consistent with the criteria in section 4 of this order and, where necessary, grant exceptions to the disposition requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" common rule, or other relevant rules or regulations, for infrastructure assets; provided that the transfer price shall be distributed, as paid, in the following manner: (i) State and local governments shall first recoup in full the unadjusted dollar amount of their portion of total project costs (including any transaction and fix-up costs they incur) associated with the infrastructure asset involved; (ii) if proceeds remain, then the Federal Government shall recoup in full the amount of Federal grant awards associated with the infrastructure asset, less the applicable share of accumulated depreciation on such asset (calculated using the Internal Revenue Service accelerated depreciation schedule for the categories of assets in question); and (iii) finally, the State and local governments shall keep any remaining proceeds. Sec. 4. Criteria. To the extent permitted by law, the head of an executive department or agency shall approve a request in accordance with section 3(c) of this order only if the grantee: (a) Agrees to use the proceeds described in section 3(c)(iii) of this order only for investment in additional infrastructure assets (after public notice of the proposed investment), or for debt or tax reduction; and (b) Demonstrates that a market mechanism, legally enforceable agreement, or regulatory mechanism will ensure that: (i) the infrastructure asset or assets will continue to be used for their originally authorized purposes, as long as needed for those purposes, even if the purchaser becomes insolvent or is otherwise hindered from fulfilling the originally authorized purposes; and (ii) user charges will be consistent with any current Federal conditions that protect users and the public by limiting the charges. Sec. 5. Government-wide Coordination and Review. In implementing Executive Order Nos. 12291 and 12498 [formerly set out under section 601 of Title 5, Government Organization and Employees] and OMB Circular No. A-19, the Office of Management and Budget, to the extent permitted by law and consistent with the provisions of those authorities, shall take action to ensure that the policies of the executive department and agencies are consistent with the principles, criteria, and requirements of this order. The Office of Management and Budget shall review the results of implementing this order and report thereon to the President 1 year after the date of this order. Sec. 6. Preservation of Existing Authority. Nothing in this order is in any way intended to limit any existing authority of the heads of executive departments and agencies to approve privatization proposals that are otherwise consistent with law. Sec. 7. Judicial Review. This order is intended only to improve the internal management of the executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. George Bush. EXECUTIVE ORDER NO. 12805 Ex. Ord. No. 12805, May 11, 1992, 57 F.R. 20627, which related to integrity and efficiency in Federal programs, was omitted from the Code pursuant to Pub. L. 110-409, Sec. 7(c)(2), Oct. 14, 2008, 122 Stat. 4313, which provided that Ex. Ord. No. 12805, as in effect before Oct. 14, 2008, was to have no force or effect on and after the earlier of either the date on which the Council of the Inspectors General on Integrity and Efficiency becomes effective and operational or the last day of the 180-day period beginning on Oct. 14, 2008. See section 7(c)(2) of Pub. L. 110-409, set out as an Effective Date; Existing Executive Orders note under section 11 of the Inspector General Act of 1978, Pub. L. 95-452, in the Appendix to Title 5, Government Organization and Employees. EXECUTIVE ORDER NO. 12816 Ex. Ord. No. 12816, Oct. 14, 1992, 57 F.R. 47562, which established the President's Council on Management Improvement and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 13048, Sec. 5, June 10, 1997, 62 F.R. 32469, set out below. EX. ORD. NO. 12837. DEFICIT CONTROL AND PRODUCTIVITY IMPROVEMENT IN THE ADMINISTRATION OF THE FEDERAL GOVERNMENT Ex. Ord. No. 12837, Feb. 10, 1993, 58 F.R. 8205, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Budget and Accounting Act of 1921, as amended (31 U.S.C. 1101 et seq.), and section 301 of title 3, United States Code, and in order to assist in the control of the Federal deficit and improve the administrative productivity of the Federal Government, it is hereby ordered as follows: Section 1. All executive departments and agencies shall include a separate category for "administrative expenses" when submitting their appropriation requests to the Office of Management and Budget (OMB) for fiscal years 1994 through 1997. The Director of OMB (Director), in consultation with the agencies, shall establish and revise as necessary a definition of administrative expenses for the agencies. All questions regarding the definition of administrative expenses shall be resolved by the Director. Sec. 2. The purpose of this order is to achieve real reductions in the administrative costs of Federal agencies. In order to accomplish that goal, agencies shall submit budgets that reflect the following reductions from the fiscal year 1993 baseline: (a) For fiscal year 1994, all agencies shall submit budget requests that reflect no less than a 3 percent reduction in administrative expenses from the amount made available for fiscal year 1993 adjusted for inflation; (b) For fiscal year 1995, all agencies shall submit budget requests that reflect no less than a 6 percent reduction in administrative expenses from the amounts made available for fiscal year 1993 adjusted for inflation; (c) For fiscal year 1996, all agencies shall submit budget requests that reflect no less than a 9 percent reduction in administrative expenses from the amounts made available for fiscal year 1993 adjusted for inflation; (d) For fiscal year 1997, all agencies shall submit budget requests that reflect no less than a 14 percent reduction in administrative expenses from the amounts made available for fiscal year 1993 adjusted for inflation. Sec. 3. The Director shall review agency requests for administrative expenses. The Director shall ensure that all agency requests for such expenses are reduced in accordance with section 2. To the extent that any agency fails to comply with the mandates of section 2, the Director is authorized to reduce the request for administrative expenses in that agency's budget to achieve the appropriate reduction. Sec. 4. All independent regulatory commissions and agencies are requested to comply with the provisions of this order. William J. Clinton. EX. ORD. NO. 12862. SETTING CUSTOMER SERVICE STANDARDS Ex. Ord. No. 12862, Sept. 11, 1993, 58 F.R. 48257, provided: Putting people first means ensuring that the Federal Government provides the highest quality service possible to the American people. Public officials must embark upon a revolution within the Federal Government to change the way it does business. This will require continual reform of the executive branch's management practices and operations to provide service to the public that matches or exceeds the best service available in the private sector. NOW, THEREFORE, to establish and implement customer service standards to guide the operations of the executive branch, and by the authority vested in me as President by the Constitution and the laws of the United States, it is hereby ordered: Section 1. Customer Service Standards. In order to carry out the principles of the National Performance Review, the Federal Government must be customer-driven. The standard of quality for services provided to the public shall be: Customer service equal to the best in business. For the purposes of this order, "customer" shall mean an individual or entity who is directly served by a department or agency. "Best in business" shall mean the highest quality of service delivered to customers by private organizations providing a comparable or analogous service. All executive departments and agencies (hereinafter referred to collectively as "agency" or "agencies") that provide significant services directly to the public shall provide those services in a manner that seeks to meet the customer service standard established herein and shall take the following actions: (a) identify the customers who are, or should be, served by the agency; (b) survey customers to determine the kind and quality of services they want and their level of satisfaction with existing services; (c) post service standards and measure results against them; (d) benchmark customer service performance against the best in business; (e) survey front-line employees on barriers to, and ideas for, matching the best in business; (f) provide customers with choices in both the sources of service and the means of delivery; (g) make information, services, and complaint systems easily accessible; and (h) provide means to address customer complaints. Sec. 2. Report on Customer Service Surveys. By March 8, 1994, each agency subject to this order shall report on its customer surveys to the President. As information about customer satisfaction becomes available, each agency shall use that information in judging the performance of agency management and in making resource allocations. Sec. 3. Customer Service Plans. By September 8, 1994, each agency subject to this order shall publish a customer service plan that can be readily understood by its customers. The plan shall include customer service standards and describe future plans for customer surveys. It also shall identify the private and public sector standards that the agency used to benchmark its performance against the best in business. In connection with the plan, each agency is encouraged to provide training resources for programs needed by employees who directly serve customers and by managers making use of customer survey information to promote the principles and objectives contained herein. Sec. 4. Independent Agencies. Independent agencies are requested to adhere to this order. Sec. 5. Judicial Review. This order is for the internal management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. William J. Clinton. EX. ORD. NO. 12893. PRINCIPLES FOR FEDERAL INFRASTRUCTURE INVESTMENTS Ex. Ord. No. 12893, Jan. 26, 1994, 59 F.R. 4233, provided: A well-functioning infrastructure is vital to sustained economic growth, to the quality of life in our communities, and to the protection of our environment and natural resources. To develop and maintain its infrastructure facilities, our Nation relies heavily on investments by the Federal Government. Our Nation will achieve the greatest benefits from its infrastructure facilities if it invests wisely and continually improves the quality and performance of its infrastructure programs. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Scope. The principles and plans referred to in this order shall apply to Federal spending for infrastructure programs. For the purposes of this order, Federal spending for infrastructure programs shall include direct spending and grants for transportation, water resources, energy, and environmental protection. Sec. 2. Principles of Federal Infrastructure Investment. Each executive department and agency with infrastructure responsibilities (hereinafter referred to collectively as "agencies") shall develop and implement plans for infrastructure investment and management consistent with the following principles: (a) Systematic Analysis of Expected Benefits and Costs. Infrastructure investments shall be based on systematic analysis of expected benefits and costs, including both quantitative and qualitative measures, in accordance with the following: (1) Benefits and costs should be quantified and monetized to the maximum extent practicable. All types of benefits and costs, both market and nonmarket, should be considered. To the extent that environmental and other nonmarket benefits and costs can be quantified, they shall be given the same weight as quantifiable market benefits and costs. (2) Benefits and costs should be measured and appropriately discounted over the full life cycle of each project. Such analysis will enable informed tradeoffs among capital outlays, operating and maintenance costs, and nonmonetary costs borne by the public. (3) When the amount and timing of important benefits and costs are uncertain, analyses shall recognize the uncertainty and address it through appropriate quantitative and qualitative assessments. (4) Analyses shall compare a comprehensive set of options that include, among other things, managing demand, repairing facilities, and expanding facilities. (5) Analyses should consider not only quantifiable measures of benefits and costs, but also qualitative measures reflecting values that are not readily quantified. (b) Efficient Management. Infrastructure shall be managed efficiently in accordance with the following: (1) The efficient use of infrastructure depends not only on physical design features, but also on operational practices. To improve these practices, agencies should conduct periodic reviews of the operation and maintenance of existing facilities. (2) Agencies should use these reviews to consider a variety of management practices that can improve the return from infrastructure investments. Examples include contracting practices that reward quality and innovation, and design standards that incorporate new technologies and construction techniques. (3) Agencies also should use these reviews to identify the demand for different levels of infrastructure services. Since efficient levels of service can often best be achieved by properly pricing infrastructure, the Federal Government - through its direct investments, grants, and regulations - should promote consideration of market-based mechanisms for managing infrastructure. (c) Private Sector Participation. Agencies shall seek private sector participation in infrastructure investment and management. Innovative public-private initiatives can bring about greater private sector participation in the ownership, financing, construction, and operation of the infrastructure programs referred to in section 1 of this order. Consistent with the public interest, agencies should work with State and local entities to minimize legal and regulatory barriers to private sector participation in the provision of infrastructure facilities and services. (d) Encouragement of More Effective State and Local Programs. To promote the efficient use of Federal infrastructure funds, agencies should encourage the State and local recipients of Federal grants to implement planning and information management systems that support the principles set forth in section 2(a) through (c) of this order. In turn, the Federal Government should use the information from the State and local recipients' management systems to conduct the system-level reviews of the Federal Government's infrastructure programs that are required by this order. Sec. 3. Submission of Plans. Agencies shall submit initial plans to implement these principles to the Director of the Office of Management and Budget ("OMB") by March 15, 1994. Agency plans shall list the actions that will be taken to provide the data and analysis necessary for supporting infrastructure-related proposals in future budget submissions. Agency implementation plans should be consistent with OMB Circular A-94 that outlines the analytical methods required under the principles set forth in section 2 of this order. Sec. 4. Application to Budget Submissions. Beginning with the fiscal year 1996 budget submission to OMB, each agency should use these principles to justify major infrastructure investment and grant programs. Major programs are defined as those programs with annual budgetary resources in excess of $50 million. Sec. 5. Application to Legislative Proposals. Beginning March 15, 1994, agencies shall employ the principles set forth in section 2 of this order and, at the request of OMB, shall provide supporting analyses when requesting OMB clearance for legislative proposals that would authorize or reauthorize infrastructure programs. Sec. 6. Guidance. The Office of Management and Budget shall provide guidance to the agencies on the implementation of this order. Sec. 7. Judicial Review. This order is intended only to improve the internal management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. William J. Clinton. EX. ORD. NO. 13048. IMPROVING ADMINISTRATIVE MANAGEMENT IN THE EXECUTIVE BRANCH Ex. Ord. No. 13048, June 10, 1997, 62 F.R. 32467, as amended by Ex. Ord. No. 13284, Sec. 7, Jan. 23, 2003, 68 F.R. 4075, provided: Improvement of Government operations is a continuing process that benefits from interagency activities. One group dedicated to such activities is the President's Council on Management Improvement (PCMI), established by Executive Order 12479 in 1984, reestablished by Executive Order 12816 in 1992. In the intervening years, some activities of the PCMI have been assumed by the President's Management Council, the Chief Financial Officers Council, and the Chief Information Officers Council. These organizations are also focussed on improving agencies' use of quality management principles. Other functions have been assigned to individual agencies. Nonetheless, remaining administrative management matters deserve attention across agency lines. By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to improve agency administrative and management practices throughout the executive branch, I hereby direct the following: Section 1. Interagency Council on Administrative Management. (a) Purpose and Membership. An Interagency Council on Administrative Management ("Council") is established as an interagency coordination mechanism. The Council shall be composed of the Deputy Director for Management of the Office of Management and Budget, who shall serve as Chair, and one senior administrative management official from each of the following agencies: 1. Department of State; 2. Department of the Treasury; 3. Department of Defense; 4. Department of Justice; 5. Department of the Interior; 6. Department of Agriculture; 7. Department of Commerce; 8. Department of Labor; 9. Department of Health and Human Services; 10. Department of Housing and Urban Development; 11. Department of Transportation; 12. Department of Energy; 13. Department of Education; 14. Department of Veterans Affairs; 15. Department of Homeland Security; 16. Environmental Protection Agency; 17. Federal Emergency Management Agency; 18. Central Intelligence Agency; 19. Small Business Administration; 20. Department of the Army; 21. Department of the Navy; 22. Department of the Air Force; 23. National Aeronautics and Space Administration; 24. Agency for International Development; 25. General Services Administration; 26. National Science Foundation; and 27. Office of Personnel Management. Department and agency heads shall advise the Chair of their selections for membership on the Council. Council membership shall also include representatives of the Chief Financial Officers Council, the Chief Information Officers Council, the Federal Procurement Council, the Interagency Advisory Group of Federal Personnel Directors, and the Small Agency Council, as well as at- large members appointed by the Chair, as he deems appropriate. The Chair shall invite representatives of the Social Security Administration to participate in the Council's work, as appropriate. The Council shall select a Vice Chair from among the Council's membership. (b) The Council shall plan, promote, and recommend improvements in Government administration and operations and provide advice to the Chair on matters pertaining to the administrative management of the Federal Government. The Council shall: (1) explore opportunities for more effective use of Government resources; (2) support activities and initiatives of the President's Management Council, the Chief Financial Officers Council, the Chief Information Officers Council, the Federal Procurement Council, and the Interagency Advisory Group of Federal Personnel Directors designed to develop, review, revise, and implement Governmentwide administrative management policies; and (3) identify successful administrative management practices, including quality management practices, and assist in their Governmentwide dissemination and implementation. Sec. 2. Responsibilities of the Chair. The Chair or, if the Chair chooses, the Vice Chair shall: (1) convene meetings of the Council; (2) preside at formal council meetings; (3) establish committees or working groups of the Council, as necessary for efficient conduct of Council functions; and (4) appoint, to the extent permitted by law and consistent with personnel practices, other full-time officers or employees of the Federal Government to the Council as at-large members for specific terms, not exceeding 2 years, to provide expertise to the Council. Sec. 3. Responsibilities of Agency Heads. To the extent permitted by law, heads of departments or agencies represented on the Council shall provide their representatives with administrative support needed to support Council activities. Sec. 4. Judicial Review. This order is for the internal management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. Sec. 5. Revocation. Executive Order 12816 (creating the President's Council on Management Improvement), Executive Order 12552 (establishing the executive branch productivity improvement program) and Executive Order 12637 (revising the executive branch productivity improvement program) are revoked. IMPLEMENTING MANAGEMENT REFORM IN EXECUTIVE BRANCH Memorandum of President of the United States, Oct. 1, 1993, 58 F.R. 52393, which directed the head of executive departments and agencies, and requested independent agencies, to establish a chief operating officer and implement additional agency management reforms and established the President's Management Council to advise and assist the President and Vice President in ensuring that such reforms were implemented, was revoked by Memorandum of President of the United States, July 11, 2001, 66 F.R. 37105, set out below. IMPLEMENTING GOVERNMENT REFORM Memorandum of President of the United States, July 11, 2001, 66 F.R. 37105, provided: Memorandum for the Heads of Executive Departments and Agencies Throughout the campaign and in my Budget, I have called for "active, but limited" Government: one that empowers States, cities, and citizens to make decisions; ensures results through accountability; and promotes innovation through competition. Thus, if reform is to help the Federal Government adapt to a rapidly changing world, its primary objectives must be a Government that is: -- Citizen-centered - not bureaucracy centered; -- Results-oriented - not process-oriented; and -- Market-based - actively promoting, not stifling, innovation and competition. In order to establish and implement Government reform throughout the executive branch, I hereby direct the following: 1. Establish Chief Operating Officers. Each agency head shall designate a Chief Operating Officer, who shall be the senior official with agency-wide authority on behalf of the Secretary or agency head. The Chief Operating Officer, the equivalent of the Deputy Secretary, shall report directly to the agency head and shall be responsible for: (a) implementing the President's and agency head's goals and the agency's mission; (b) providing overall organization management to improve agency performance; (c) assisting the agency head in promoting Government reform, developing strategic plans, and measuring results; and (d) overseeing agency-specific efforts to integrate performance and budgeting, expand competitive sourcing, strengthen their workforce, improve financial management, advance e-government, apply information policy and technology policies, and other Government-wide management reforms. 2. Implement Additional Agency Reforms. Each agency head shall identify and implement additional changes within the agency that will promote the principles of government reform. 3. Establishment of President's Management Council. In order to advise and assist the President in ensuring that Government reform is implemented throughout the executive branch, I hereby establish the President's Management Council ("Council"). The Council shall comprise: (a) The Deputy Director, Office of Management and Budget; (b) The Chief Operating Officers from the following agencies: (1) Department of State; (2) Department of the Treasury; (3) Department of Defense; (4) Department of Justice; (5) Department of the Interior; (6) Department of Agriculture; (7) Department of Commerce; (8) Department of Labor; (9) Department of Health and Human Services; (10) Department of Housing and Urban Development; (11) Department of Transportation; (12) Department of Energy; (13) Department of Education; and (14) Department of Veterans Affairs. (c) The following central management agency representatives: (1) Director of the Office of Personnel Management; (2) Administrator of General Services; (d) Chief Operating Officers of the following agencies: (1) Environmental Protection Agency; (2) National Aeronautics and Space Administration; (3) National Science Foundation; (4) Social Security Administration; and (5) Federal Emergency Management Agency. (e) Chief Operating Officers of three other executive branch agencies designated by the Chairperson, in his or her discretion; (f) Assistant to the President and Cabinet Secretary; (g) Deputy Assistant to the President for Management and Administration; and (h) Deputy Chief of Staff to the Vice President; and (i) Such other officials of the executive departments and agencies as the Director of the Office of Management and Budget or I may, from time to time, designate. The Deputy Director of the Office of Management and Budget shall serve as Chairperson of the Council. The Chairperson of the Council may appoint a Vice-Chairperson from the Council's membership to assist the Chairperson in conducting affairs of the Council. The functions of the Council shall include, among others: (a) improving overall executive branch management, including implementation of the President's Management Agenda; (b) coordinating management-related efforts to improve Government throughout the executive branch and, as necessary, resolving specific interagency management issues; (c) ensuring the adoption of new management practices in agencies throughout the executive branch; and (d) identifying examples of, and providing mechanisms for, interagency exchange of information about best management practices. The Council shall seek advice and information as appropriate from nonmember Federal agencies, particularly smaller agencies. The Council shall also consider the management reform experience of corporations, nonprofit organizations, State and local governments, Government employees, public sector unions, and customers of Government services. Agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law. 4. Independent Agencies. Independent agencies are requested to comply with this memorandum. 5. Revocation and Judicial Review. (a) the memorandum of October 1, 1993, entitled "Implementing Management Reform in the Executive Branch" is revoked. (b) this memorandum is for the internal management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. 6. Publication. The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register. George W. Bush. -End- -CITE- 31 USC Sec. 502 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 502. Officers -STATUTE- (a) The head of the Office of Management and Budget is the Director of the Office of Management and Budget. The Director is appointed by the President, by and with the advice and consent of the Senate. Under the direction of the President, the Director shall administer the Office. (b) The Office has a Deputy Director of the Office of Management and Budget, appointed by the President, by and with the advice and consent of the Senate. The Deputy Director - (1) shall carry out the duties and powers prescribed by the Director; and (2) acts as the Director when the Director is absent or unable to serve or when the office of Director is vacant. (c) The Office has a Deputy Director for Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director for Management shall be the chief official responsible for financial management in the United States Government. (d) The Office has 3 Assistant Directors who shall carry out the duties and powers prescribed by the Director. (e) The Office may have not more than 6 additional officers, each of whom is appointed in the competitive service by the Director, with the approval of the President. Each additional officer shall carry out the duties and powers prescribed by the Director. The Director shall specify the title of each additional officer. (f) When the Director and Deputy Director are absent or unable to serve or when the offices of Director and Deputy Director are vacant, the President may designate an officer of the Office to act as Director. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886; Pub. L. 101-576, title II, Sec. 201, Nov. 15, 1990, 104 Stat. 2839.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 502(a) 31:16(2d sentence June 10, 1921, ch. 18, Sec. related to 207(2d, 3d sentences), 42 Director). Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; July 31, 1953, ch. 302, Sec. 101(1st proviso in par. under heading "Bureau of the Budget"), 67 Stat. 299; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), (b), (d), (e), (f)(less words between parentheses), 84 Stat. 2085; Mar. 2, 1974, Pub. L. 93-250, Sec. 1, 88 Stat. 11. 502(b) 31:16(2d sentence related to Deputy Director, 3d sentence). 502(c) 31:16a. Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; July 31, 1953, ch. 302, Sec. 101(last proviso in par. under heading "Bureau of the Budget"), 67 Stat. 299; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat. 657; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(b), (e), 84 Stat. 2085. 31:16c. Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Aug. 1, 1956, ch. 838, 70 Stat. 887; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(b), (e), 84 Stat. 2085. 502(d), 31:16(note). Reorg. Plan No. 1 of 1939, (e) eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(c)(words before last comma), (e), (f)(words between parentheses), 84 Stat. 2085. -------------------------------------------------------------------- In subsections (a) and (b), the words related to salaries in section 207 of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 22), are omitted as covered by 5:5313(11) and 5314(34). In subsection (a), the text of section 102(d)(1st sentence) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) is omitted as covered by 3:301 and for consistency in the revised title and with other titles of the United States Code. The word "administer" is substituted for "supervise and direct the administration of" in section 102(d) of the Reorganization Plan to eliminate unnecessary words. In subsections (b) and (c), the words "designated by this reorganization plan" in section 102(e) of Reorganization Plan No. 2 of 1970 are omitted as executed. The words "carry out the duties and powers prescribed by" are substituted for "perform such functions as" for consistency in the revised title and with other titles of the Code. The words "may from time to time direct" are omitted as unnecessary. In subsection (c), the words "the duties and powers prescribed by" in section 102(e)(related to Assistant Directors) of Reorganization Plan No. 2 of 1970 are substituted for "such functions as" for consistency. The words "may from time to time direct" are omitted as unnecessary. The words related to compensation in 31:16c are omitted as covered by 5:5315(37). In subsection (d), the words "as determined from time to time by the Director of the Office of Management and Budget (hereinafter referred to as the Director)" in section 102(c)(1st sentence) of Reorganization Plan No. 2 of 1970 are omitted as unnecessary. The words "in the competitive" are substituted for "under the classified civil" in section 102(c)(2d sentence) of the Reorganization Plan to conform to 5:2102. The words "The Director shall specify the title of each additional officer" are substituted for "shall have such title as the Director shall from time to time determine" to eliminate unnecessary words. The words "provided for in subsection (c) of this section" in section 102(e)(related to officers) of the Reorganization Plan are omitted because of the restatement. The words "carry out the duties and powers prescribed by" are substituted for "perform such functions as" for consistency in the revised title and with other titles of the Code. The words "may from time to time direct" are omitted as unnecessary. In subsection (e), the words "When the Director and Deputy Director are absent or unable to serve or when the offices of Director and Deputy Director are vacant" are substituted for "or during the absence or disability of the Deputy Director or in the event of a vacancy in the office of Deputy Director" and "during the absence or disability of the Director or in the event of a vacancy in the office of Director" in section 102(f)(words between parentheses) of Reorganization Plan No. 2 of 1970 for clarity and consistency with other titles of the Code. The words "an officer" are substituted for "such other officials" for clarity and consistency in the chapter. The words "in such order as" are omitted as unnecessary. The words "from time to time" are eliminated as unnecessary. AMENDMENTS 1990 - Subsecs. (c) to (f). Pub. L. 101-576 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. -End- -CITE- 31 USC Sec. 503 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 503. Functions of Deputy Director for Management -STATUTE- (a) Subject to the direction and approval of the Director, the Deputy Director for Management shall establish governmentwide financial management policies for executive agencies and shall perform the following financial management functions: (1) Perform all functions of the Director, including all functions delegated by the President to the Director, relating to financial management. (2) Provide overall direction and leadership to the executive branch on financial management matters by establishing financial management policies and requirements, and by monitoring the establishment and operation of Federal Government financial management systems. (3) Review agency budget requests for financial management systems and operations, and advise the Director on the resources required to develop and effectively operate and maintain Federal Government financial management systems and to correct major deficiencies in such systems. (4) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they are in accordance with financial management plans of the Office of Management and Budget. (5) Monitor the financial execution of the budget in relation to actual expenditures, including timely performance reports. (6) Oversee, periodically review, and make recommendations to heads of agencies on the administrative structure of agencies with respect to their financial management activities. (7) Develop and maintain qualification standards for agency Chief Financial Officers and for agency Deputy Chief Financial Officers appointed under sections 901 and 903, respectively (excluding any officer designated or appointed under section 901(c)). (8) Provide advice to agency heads with respect to the selection of agency Chief Financial Officers and Deputy Chief Financial Officers (excluding any officer designated or appointed under section 901(c)). (9) Provide advice to agencies regarding the qualifications, recruitment, performance, and retention of other financial management personnel. (10) Assess the overall adequacy of the professional qualifications and capabilities of financial management staffs throughout the Government and make recommendations on ways to correct problems which impair the capacity of those staffs. (11) Settle differences that arise among agencies regarding the implementation of financial management policies. (12) Chair the Chief Financial Officers Council established by section 302 of the Chief Financial Officers Act of 1990. (13) Communicate with the financial officers of State and local governments, and foster the exchange with those officers of information concerning financial management standards, techniques, and processes. (14) Issue such other policies and directives as may be necessary to carry out this section, and perform any other function prescribed by the Director. (b) Subject to the direction and approval of the Director, the Deputy Director for Management shall establish general management policies for executive agencies and perform the following general management functions: (1) Coordinate and supervise the general management functions of the Office of Management and Budget. (2) Perform all functions of the Director, including all functions delegated by the President to the Director, relating to - (A) managerial systems, including the systematic measurement of performance; (B) procurement policy; (C) grant, cooperative agreement, and assistance management; (D) information and statistical policy; (E) property management; (F) human resources management; (G) regulatory affairs; and (H) other management functions, including organizational studies, long-range planning, program evaluation, productivity improvement, and experimentation and demonstration programs. (3) Provide complete, reliable, and timely information to the President, the Congress, and the public regarding the management activities of the executive branch. (4) Facilitate actions by the Congress and the executive branch to improve the management of Federal Government operations and to remove impediments to effective administration. (5) Chair the Chief Information Officers Council established under section 3603 of title 44. (6) Provide leadership in management innovation, through - (A) experimentation, testing, and demonstration programs; and (B) the adoption of modern management concepts and technologies. (7) Work with State and local governments to improve and strengthen intergovernmental relations, and provide assistance to such governments with respect to intergovernmental programs and cooperative arrangements. (8) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they respond to program evaluations by, and are in accordance with general management plans of, the Office of Management and Budget. (9) Provide advice to agencies on the qualification, recruitment, performance, and retention of managerial personnel. (10) Perform any other functions prescribed by the Director. -SOURCE- (Added Pub. L. 101-576, title II, Sec. 202(b), Nov. 15, 1990, 104 Stat. 2839; amended Pub. L. 103-272, Sec. 4(f)(1)(B), July 5, 1994, 108 Stat. 1361; Pub. L. 106-58, title VI, Sec. 638(g), Sept. 29, 1999, 113 Stat. 476; Pub. L. 107-347, title I, Sec. 102(b), Dec. 17, 2002, 116 Stat. 2910.) -REFTEXT- REFERENCES IN TEXT Section 302 of the Chief Financial Officers Act of 1990 [Pub. L. 101-576], referred to in subsec. (a)(12), is set out as a note under section 901 of this title. -MISC1- PRIOR PROVISIONS A prior section 503 was renumbered section 505 of this title. AMENDMENTS 2002 - Subsec. (b)(5) to (10). Pub. L. 107-347 added par. (5) and redesignated former pars. (5) to (9) as (6) to (10), respectively. 1999 - Subsec. (a)(7). Pub. L. 106-58, Sec. 638(g)(1), substituted "respectively (excluding any officer designated or appointed under section 901(c))." for "respectively." Subsec. (a)(8). Pub. L. 106-58, Sec. 638(g)(2), substituted "Officers (excluding any officer designated or appointed under section 901(c))." for "Officers." 1994 - Subsec. (b)(9). Pub. L. 103-272 substituted "Perform" for "perform". EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-347 effective 120 days after Dec. 17, 2002, see section 402(a)(1) of Pub. L. 107-347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-58, title VI, Sec. 638(h), Sept. 29, 1999, 113 Stat. 476, provided that: "This section [amending this section and sections 901 and 1105 of this title and enacting provisions set out as a note under section 901 of this title] shall take effect at noon on January 20, 2001." -End- -CITE- 31 USC Sec. 504 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 504. Office of Federal Financial Management -STATUTE- (a) There is established in the Office of Management and Budget an office to be known as the "Office of Federal Financial Management". The Office of Federal Financial Management, under the direction and control of the Deputy Director for Management of the Office of Management and Budget, shall carry out the financial management functions listed in section 503(a) of this title. (b) There shall be at the head of the Office of Federal Financial Management a Controller, who shall be appointed by the President, by and with the advice and consent of the Senate. The Controller shall be appointed from among individuals who possess - (1) demonstrated ability and practical experience in accounting, financial management, and financial systems; and (2) extensive practical experience in financial management in large governmental or business entities. (c) The Controller of the Office of Federal Financial Management shall be the deputy and principal advisor to the Deputy Director for Management in the performance by the Deputy Director for Management of functions described in section 503(a). -SOURCE- (Added Pub. L. 101-576, title II, Sec. 203(a), Nov. 15, 1990, 104 Stat. 2841.) -MISC1- PRIOR PROVISIONS A prior section 504 was renumbered section 506 of this title. -End- -CITE- 31 USC Sec. 505 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 505. Office of Information and Regulatory Affairs -STATUTE- The Office of Information and Regulatory Affairs, established under section 3503 of title 44, is an office in the Office of Management and Budget. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886, Sec. 503; renumbered Sec. 505, Pub. L. 101-576, title II, Sec. 202(a), Nov. 15, 1990, 104 Stat. 2839.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 503 (no source). -------------------------------------------------------------------- The section is included to provide in subchapter I of chapter 5 of the revised title a complete list of the organizational units established by law that are in the Office of Management and Budget or are subject to the direction and supervision of the Director of the Office of Management and Budget. AMENDMENTS 1990 - Pub. L. 101-576 renumbered section 503 of this title as this section. -End- -CITE- 31 USC Sec. 506 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 506. Office of Federal Procurement Policy -STATUTE- The Office of Federal Procurement Policy, established under section 5(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 404(a)), is an office in the Office of Management and Budget. -SOURCE- (Added Pub. L. 97-452, Sec. 1(1)(A), Jan. 12, 1983, 96 Stat. 2467, Sec. 504; renumbered Sec. 506, Pub. L. 101-576, title II, Sec. 202(a), Nov. 15, 1990, 104 Stat. 2839.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 504 (no source). -------------------------------------------------------------------- The section is included to provide in subchapter I of chapter 5 of title 31 a complete list of the organizational units established by law that are in the Office of Management and Budget or are subject to the direction and supervision of the Director of the Office of Management and Budget. AMENDMENTS 1990 - Pub. L. 101-576 renumbered section 504 of this title as this section. -End- -CITE- 31 USC Sec. 507 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 507. Office of Electronic Government -STATUTE- The Office of Electronic Government, established under section 3602 of title 44, is an office in the Office of Management and Budget. -SOURCE- (Added Pub. L. 107-347, title I, Sec. 102(c)(1), Dec. 17, 2002, 116 Stat. 2910.) -MISC1- EFFECTIVE DATE Section effective 120 days after Dec. 17, 2002, see section 402(a)(1) of Pub. L. 107-347, set out as a note under section 3601 of Title 44, Public Printing and Documents. -End- -CITE- 31 USC SUBCHAPTER II - ADMINISTRATIVE 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER II - ADMINISTRATIVE -HEAD- SUBCHAPTER II - ADMINISTRATIVE -End- -CITE- 31 USC Sec. 521 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 521. Employees -STATUTE- The Director of the Office of Management and Budget shall appoint and fix the pay of employees of the Office under regulations prescribed by the President. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 521 31:17(a)(related to June 10, 1921, ch. 18, Sec. employees). 208(a)(related to employees), 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. -------------------------------------------------------------------- The words "attorneys and other" are omitted as being included in "employees". -End- -CITE- 31 USC Sec. 522 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 5 - OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 522. Necessary expenditures -STATUTE- The Director of the Office of Management and Budget may make necessary expenditures for the Office under regulations prescribed by the President. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 522 31:17(a)(related to June 10, 1921, ch. 18, Sec. expenses). 208(a)(related to expenses), 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, Sec. 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, Sec. 102(a), 84 Stat. 2085. -------------------------------------------------------------------- The words "for rent in the District of Columbia, printing, binding, telegrams, telephone service, law books, books of reference, periodicals, stationery, furniture, office equipment, other supplies, and" are omitted as covered by titles 5, 40, and 44, and as being included in "necessary expenditures". The words "within the appropriations made therefor" are omitted as unnecessary. -End- -CITE- 31 USC CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE -HEAD- CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE -MISC1- SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION Sec. 701. Definitions. 702. Government Accountability Office. 703. Comptroller General and Deputy Comptroller General. 704. Relationship to other laws. 705. Inspector General for the Government Accountability Office. SUBCHAPTER II - GENERAL DUTIES AND POWERS 711. General authority. 712. Investigating the use of public money. 713. Audit of Internal Revenue Service and Bureau of Alcohol, Tobacco, and Firearms.(!1) 714. Audit of Financial Institutions Examination Council, Federal Reserve Board, Federal reserve banks, Federal Deposit Insurance Corporation, and Office of Comptroller of the Currency. 715. Audit of accounts and operations of the District of Columbia government. 716. Availability of information and inspection of records. 717. Evaluating programs and activities of the United States Government. 718. Availability of draft reports. 719. Comptroller General reports. 720. Agency reports. SUBCHAPTER III - PERSONNEL 731. General. 732. Personnel management system. 732a. Critical positions. 733. Senior Executive Service. 734. Assignments and details to Congress. 735. Relationship to other laws. 736. Authorization of appropriations. SUBCHAPTER IV - PERSONNEL APPEALS BOARD 751. Organization. 752. Chairman and General Counsel. 753. Duties and powers. 754. Action by the Comptroller General. 755. Judicial review. SUBCHAPTER V - ANNUITIES 771. Definitions. 772. Annuity of the Comptroller General. 773. Election of survivor benefits. 774. Survivor annuities. 775. Refunds. 776. Payment of survivor benefits. 777. Annuity increases. 778. Dependency and disability decisions. 779. Use of appropriations. SUBCHAPTER VI - PROPERTY MANAGEMENT 781. Authority over the General Accounting Office Building. 782. Leasing of space in the General Accounting Office Building. 783. Rules and regulations. AMENDMENTS 2008 - Pub. L. 110-323, Sec. 5(c), Sept. 22, 2008, 122 Stat. 3547, added item 705. 2004 - Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814, substituted "GOVERNMENT ACCOUNTABILITY OFFICE" for "GENERAL ACCOUNTING OFFICE" in chapter heading and "Government Accountability Office" for "General Accounting Office" in item 702. 2000 - Pub. L. 106-303, Sec. 4(a)(3), Oct. 13, 2000, 114 Stat. 1069, added item 732a. 1994 - Pub. L. 103-272, Sec. 4(f)(1)(C), July 5, 1994, 108 Stat. 1362, struck out "Sec." immediately above item 781. 1988 - Pub. L. 100-545, Sec. 2(a), Oct. 28, 1988, 102 Stat. 2728, added subchapter VI heading and items 781 to 783. -FOOTNOTE- (!1) Section catchline amended by Pub. L. 107-296 without corresponding amendment of chapter analysis. -End- -CITE- 31 USC SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION -HEAD- SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION -End- -CITE- 31 USC Sec. 701 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION -HEAD- Sec. 701. Definitions -STATUTE- In this chapter - (1) "agency" includes the District of Columbia government but does not include the legislative branch or the Supreme Court. (2) "appropriations" means appropriated amounts and includes, in appropriate context - (A) funds; (B) authority to make obligations by contract before appropriations; and (C) other authority making amounts available for obligation or expenditure. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 887.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 701(1) 31:2(1st-4th pars.). June 10, 1921, ch. 18, Sec. 2(1st-5th pars.), 42 Stat. 20; Apr. 3, 1939, ch. 36, Sec. 201, 53 Stat. 565; July 31, 1953, ch. 302, Sec. 101(1st proviso in par. under heading "Bureau of the Budget"), 67 Stat. 299. 701(2) 31:2(last par.). June 10, 1921, ch. 18, 42 Stat. 20, Sec. 2(last par.); added Sept. 12, 1950, ch. 946, Sec. 101, 64 Stat. 832. -------------------------------------------------------------------- In clause (1), "agency" (which is defined for purposes of this title in section 101 to mean a department, agency, or instrumentality of the United States) is coextensive with and substituted for the term "department or establishment" which was defined in 31:2 as in part meaning "any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board". This definition merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words "includes the District of Columbia government" are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia Self-Government and Governmental Reorganizational Act (Pub. L. 93-198, 87 Stat. 774) supersedes the provisions codified in this title. The words "of the United States" are omitted as surplus. The text of 31:2 (2d-4th pars.) is omitted as unnecessary because of the restatement. The text of section 2 (3d par.) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 20), is omitted as obsolete because of section 501 of the revised title. SHORT TITLE OF 2008 AMENDMENT Pub. L. 110-323, Sec. 1(a), Sept. 22, 2008, 122 Stat. 3539, provided that: "This Act [enacting section 705 of this title, amending sections 731 to 733, 735, and 3521 of this title and section 109 of the Ethics in Government Act of 1978, Pub. L. 95- 521, set out in the Appendix to Title 5, Government Organization and Employees, enacting provisions set out as notes under sections 705, 732, and 3523 of this title, and repealing provisions set out as a note under section 3523 of this title] may be cited as the 'Government Accountability Office Act of 2008'." SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-271, Sec. 1(a), July 7, 2004, 118 Stat. 811, provided that: "This Act [see Tables for classification] may be cited as the 'GAO Human Capital Reform Act of 2004'." SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-316, Sec. 1, Oct. 19, 1996, 110 Stat. 3826, provided that: "This Act [see Tables for classification] may be cited as the 'General Accounting Office Act of 1996'." SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-426, Sec. 1, Sept. 9, 1988, 102 Stat. 1598, provided that: "This Act [amending sections 703, 732, 751, 752, 755, 771 to 774, 776, and 777 of this title and section 5349 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 755 and 772 of this title] may be cited as the 'General Accounting Office Personnel Amendments Act of 1988'." -End- -CITE- 31 USC Sec. 702 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION -HEAD- Sec. 702. Government Accountability Office -STATUTE- (a) The Government Accountability Office is an instrumentality of the United States Government independent of the executive departments. (b) The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States. (c) The Comptroller General may adopt a seal for the Office. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 887; Pub. L. 100-545, Sec. 2(b), Oct. 28, 1988, 102 Stat. 2729; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 702(a) 31:41(1st sentence June 10, 1921, ch. 18, Sec. less last 14 words, 301, 42 Stat. 23. 2d, 3d sentences). 702(b) 31:41(1st sentence last 14 words). 31:42(a)(1st June 10, 1921, ch. 18, Sec. sentence words 302(a)(1st sentence words before comma). before 1st comma), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96-226, Sec. 104(a), 94 Stat. 314. 31:1154(d)(1st Oct. 26, 1970, Pub. L. 91-510, sentence). Sec. 204(d)(1st sentence), 84 Stat. 1168; restated July 12, 1974, Pub. L. 93-344, Sec. 702(a), 88 Stat. 326. 31:1155(a). Oct. 26, 1970, Pub. L. 91-510, Sec. 205(a), 84 Stat. 1168. 702(c) 31:51-1. Jan. 2, 1975, Pub. L. 93-604, Sec. 501(a), 88 Stat. 1962. 702(d) 31:41(last sentence). -------------------------------------------------------------------- In subsection (a), the words "instrumentality of the United States Government" are substituted for "establishment of the Government" for consistency. The words "created . . . to be" and 31:41(2d, 3d sentences) are omitted as executed. Subsection (b) is substituted for 31:41(1st sentence last 14 words) and 42(a)(1st sentence words before comma) to eliminate unnecessary words and for consistency. The word "Deputy" is substituted for "Assistant" because of section 101 of the Act of July 9, 1971 (Pub. L. 92-51, 85 Stat. 143). The text of 31:1154(d)(1st sentence) and 1155(a) is omitted as unnecessary because the Comptroller General, as the head of the Office, has the authority to establish constituent parts of the Office to carry out duties and powers unless otherwise specified by law. In subsection (c), the words "Administrator of General Services" are substituted for "the head of any Federal agency which exercises authority over such building" for clarity. The words "of the United States" are omitted as surplus. AMENDMENTS 2004 - Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office" in section catchline and subsec. (a). 1988 - Subsecs. (c), (d). Pub. L. 100-545 redesignated subsec. (d) as (c) and struck out former subsec. (c) which directed Administrator of General Services to provide Comptroller General with space in General Accounting Office Building. -CHANGE- CHANGE OF NAME Pub. L. 108-271, Sec. 8, July 7, 2004, 118 Stat. 814, provided that: "(a) In General. - The General Accounting Office is hereby redesignated the Government Accountability Office. "(b) References. - Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act [July 7, 2004] shall be considered to refer and apply to the Government Accountability Office." -TRANS- TRANSFERS AND TERMINATIONS OF FUNCTIONS Pub. L. 104-316, title I, Sec. 101(a)-(d), Oct. 19, 1996, 110 Stat. 3826, 3827, provided that: "(a) In General. - "(1) Functions transferred. - In any case in which a provision of law authorizing the performance of a function by the Comptroller General of the United States or the General Accounting Office [now Government Accountability Office] is amended by this title [see Tables for classification] to substitute another Federal officer, employee, or agency in that authorization, the authority under that provision to perform that function is transferred to the other Federal officer, employee, or agency. "(2) Functions terminated. - In any case in which a provision of law authorizing the performance of a function by the Comptroller General of the United States or the General Accounting Office [now Government Accountability Office] is repealed by this Act [see Tables for classification], the authority under that provision to perform that function is terminated. "(3) Delegation of functions. - The Director of the Office of Management and Budget may delegate, in whole or in part, to any other agency or agencies any function transferred to or vested in the Director under section 103(d), 105(b), 116, or 202(n) of this Act [amending section 3702 of this title, section 5584 of Title 5, Government Organization and Employees, section 2774 of Title 10, Armed Forces, and section 716 of Title 32, National Guard], and may transfer to such agency or agencies any personnel, budget authority, records, and property received by the Director pursuant to subsection (b) of this section that relate to the delegated functions. "(b) Incidental Transfers. - "(1) In general. - Incident to any transfer of authority under subsection (a)(1), there shall be transferred to the recipient Federal officer, employee, or agency such personnel, records, budget authority, and property of the General Accounting Office [now Government Accountability Office] as the Comptroller General and the Director of the Office of Management and Budget jointly determine to be necessary to effectuate the transfer. "(2) Effect on personnel. - Personnel transferred under this section shall not be separated or reduced in classification or compensation for one year after any such transfer, except for cause. "(c) References. - With respect to any function or authority transferred under this Act and exercised on or after the effective date of that transfer, reference in any Federal law to the Comptroller General or to any officer or employee of the General Accounting Office [now Government Accountability Office] is deemed to refer to the Federal officer or agency to which the function or authority is transferred under this Act. "(d) Savings Provisions. - "(1) Orders and other official actions not affected. - All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges - "(A) which have been issued, made, granted, or allowed to become effective by the Comptroller General or any official of the General Accounting Office [now Government Accountability Office], or by a court of competent jurisdiction, in the performance of any function or authority transferred under this Act, and "(B) which are in effect at the time of the transfer; shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law. "(2) Pending matters and proceedings. - This Act shall not affect any pending matters or proceedings, including notices of proposed rulemaking, relating to a function or authority transferred under this Act. Such matters or proceedings shall continue under the authority of the agency to which the function or authority is transferred until completed or terminated in accordance with law. "(3) Judicial proceedings and causes of actions. - No suit, action, or other proceeding or cause of action relating to a function or authority transferred under this Act shall abate by reason of the enactment of this Act. If, before the date on which a transfer of a function or authority this Act takes effect, the Comptroller General of the United States or any officer or employee of the General Accounting Office [now Government Accountability Office] in their official capacity is party to a suit relating to the function or authority, then such suit shall be continued and the head of the agency to which the function or authority is transferred, or other appropriate official of that agency, shall be substituted or added as a party." -MISC2- CONTRACT APPEALS BOARD Pub. L. 110-161, div. H, title I, Sec. 1501, Dec. 26, 2007, 121 Stat. 2249, provided that: "(a) Definitions. - In this section - "(1) the term 'Board' means the Contract Appeals Board established under subsection (b); and "(2) the term 'legislative branch agency' means - "(A) the Architect of the Capitol; "(B) the United States Botanic Gardens [sic]; "(C) the Government Accountability Office; "(D) the Government Printing Office; "(E) the Library of Congress; "(F) the Congressional Budget Office; "(G) the United States Capitol Police; and "(H) any other agency, including any office, board, or commission, established in the legislative branch; and "(b) Establishment. - There is established a Contract Appeals Board within the Government Accountability Office. The Board shall hear and decide appeals from decisions of a contracting officer with respect to any contract entered into by a legislative branch agency. "(c) Members of the Board. - "(1) Appointment. - The Comptroller General shall appoint at least 3 members to the Contract Appeals Board. "(2) Qualifications. - Each member shall have not less than 5 years experience in public contract law. "(3) Pay. - Subject to any provision of law relating to pay applicable to the Office of General Counsel of the Government Accountability Office, the Comptroller General shall establish and adjust the annual rate of basic pay of members of the Board. "(d) Provisions Applicable to Appeals. - The Contract Disputes Act of 1978 (Public Law 95-563, 41 U.S.C. 601 et seq.), as amended, shall apply to appeals to the Board, except that section 4 [41 U.S.C. 603], subsections 8(a), (b), and (c) [41 U.S.C. 607(a)-(c)], and subsection 10(a) [41 U.S.C. 609(a)] shall not apply to such appeals and the amount of any claim referenced in subsection 6(c) [41 U.S.C. 605(c)] shall be $50,000. The Comptroller General shall prescribe regulations for procedures for appeals to the Board that are consistent with procedures under the Contract Disputes Act of 1978. "(e) Effective Date. - This section shall apply with respect to fiscal year 2008 and each fiscal year thereafter." -End- -CITE- 31 USC Sec. 703 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION -HEAD- Sec. 703. Comptroller General and Deputy Comptroller General -STATUTE- (a)(1) The Comptroller General and Deputy Comptroller General are appointed by the President, by and with the advice and consent of the Senate. (2) When a vacancy occurs in the office of Comptroller General or Deputy Comptroller General, a commission is established to recommend individuals to the President for appointment to the vacant office. The commission shall be composed of - (A) the Speaker of the House of Representatives; (B) the President pro tempore of the Senate; (C) the majority and minority leaders of the House of Representatives and the Senate; (D) the chairmen and ranking minority members of the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House; and (E) when the office of Deputy Comptroller General is vacant, the Comptroller General. (3) A commission established because of a vacancy in the office of the Comptroller General shall recommend at least 3 individuals. The President may ask the commission to recommend additional individuals. (b) Except as provided in subsection (e) of this section, the term of the Comptroller General is 15 years. The Comptroller General may not be reappointed. The term of the Deputy Comptroller General expires on the date an individual is appointed Comptroller General. The Deputy Comptroller General may continue to serve until a successor is appointed. (c) The Deputy Comptroller General - (1) carries out duties and powers prescribed by the Comptroller General; and (2) acts for the Comptroller General when the Comptroller General is absent or unable to serve or when the office of Comptroller General is vacant. (d) The Comptroller General shall designate an officer or employee of the Government Accountability Office to act as Comptroller General when the Comptroller General and Deputy Comptroller General are absent or unable to serve or when the offices of Comptroller General and Deputy Comptroller General are vacant. (e)(1) A Comptroller General or Deputy Comptroller General may retire after becoming 70 years of age and completing 10 years of service as Comptroller General or Deputy Comptroller General (as the case may be). Either may be removed at any time by - (A) impeachment; or (B) joint resolution of Congress, after notice and an opportunity for a hearing, only for - (i) permanent disability; (ii) inefficiency; (iii) neglect of duty; (iv) malfeasance; or (v) a felony or conduct involving moral turpitude. (2) A Comptroller General or Deputy Comptroller General removed from office under paragraph (1) of this subsection may not be reappointed to the office. (f) The annual rate of basic pay of the - (1) Comptroller General is equal to the rate for level II of the Executive Schedule; and (2) Deputy Comptroller General is equal to the rate for level III of the Executive Schedule. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 888; Pub. L. 100-426, title II, Sec. 201, Sept. 9, 1988, 102 Stat. 1599; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 703(a)(1) 31:42(a)(1st June 10, 1921, ch. 18, Sec. sentence words 302(a)(1st sentence words after comma). after 1st comma, last sentence), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96-226, Sec. 104(a), 94 Stat. 314. 703(a)( 31:42(b). June 10, 1921, ch. 18, 42 2), (3) Stat. 20, Sec. 302(b); added Apr. 3, 1980, Pub. L. 96-226, Sec. 104(a), 94 Stat. 314. 703(b) 31:43(1st par. 1st, June 10, 1921, ch. 18, Sec. 2d sentence). 303(1st par.), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96-226, Sec. 104(b)(1), 94 Stat. 315. 703(c) 31:42(a)(last sentence). 703(d) 31:43a. June 27, 1944, ch. 286, Sec. 101(last par. on p. 371), 58 Stat. 371. 703(e) 31:43(1st par. 3d-last sentences). 703(f) 31:42a. Aug. 14, 1964, Pub. L. 88-426, Sec. 203(a), (b), 78 Stat. 415; Dec. 16, 1967, Pub. L. 90-206, Sec. 219(1), 81 Stat. 639; restated Aug. 9, 1975, Pub. L. 94-82, Sec. 204(b), 89 Stat. 421. -------------------------------------------------------------------- In subsections (a)(1), (b), (d), and (e), the word "Deputy" is substituted for "Assistant" because of section 101 of the Act of July 9, 1971 (Pub. L. 92-51, 85 Stat. 143). In subsection (a)(1), the words "The Comptroller General and Deputy Comptroller General" are added because of the restatement. The words "by and" are added for consistency. The words "and shall receive salaries of $10,000 and $7,500 a year, respectively" in section 302(a)(1st sentence words after 2d comma) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 23), are omitted as superseded by subsection (f) of this section. In subsection (a)(2), before clause (A), the words "after April 3, 1980" are omitted as executed. In clause (E), the words "of the United States" are omitted as surplus. In subsection (a)(3), the words "because of a vacancy in the office of the Comptroller General" are substituted for "under paragraph (1)" for clarity. The word "recommend" is substituted for "submit" and "submitted" for consistency. The words "to the President for consideration the names of", "for the Office of Comptroller General", and "within his discretion" are omitted as surplus. In subsection (b), the words "the term of . . . is 15 years" are substituted for "shall hold office for fifteen years" for consistency. The words "eligible for" are omitted as surplus. The words "the term of . . . expires on" are substituted for "shall hold office from the date of his appointment until" to eliminate unnecessary words and for consistency. The words "to fill a vacancy in the Office of" are omitted as surplus. In subsection (c), the words "carries out duties and powers prescribed" are substituted for "perform such duties as may be assigned" for consistency. The words "to him" are omitted as surplus. In subsection (d), the words "officer or" are added for consistency in the revised title. The text of section 101(last par. on p. 371 words before colon) of the Act of June 27, 1944 (ch. 286, 58 Stat. 371), is omitted as expired. In subsection (e)(1), before clause (A), the words "from his office" are omitted as surplus. In clause (A), the words "and for no other cause and in no other manner" are omitted as surplus. In clause (B), before subclause (i), the words "opportunity for a" are added for consistency. The words "guilty of" are omitted as surplus. In subclause (i), the word "disability" is substituted for "incapacitated" for consistency in the chapter and with title 5. In subclause (iv), the words "in office" are omitted as surplus. In subsection (e)(2), the words "from office" are added for clarity. In subsection (f), before clause (1), the words "basic pay" are substituted for "compensation" for consistency with other titles of the United States Code. In clauses (1) and (2), the words "of the United States" and "positions at" are omitted as surplus. In clause (1), the words "of subchapter II of chapter 53 of title 5" are omitted as surplus. AMENDMENTS 2004 - Subsec. (d). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". 1988 - Subsec. (e)(1). Pub. L. 100-426 substituted "may retire after becoming 70 years of age and completing 10 years of service as Comptroller General or Deputy Comptroller General (as the case may be)" for "retires on becoming 70 years of age". -CHANGE- CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. -MISC2- EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100-426, set out as a note under section 772 of this title. SALARY INCREASES 1987 - Salaries of Comptroller General and Deputy Comptroller General increased respectively to $89,500 and $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress. 1977 - Salaries of Comptroller General and Deputy Comptroller General increased respectively to $57,500 and $52,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. 1969 - Salaries of Comptroller General and Assistant Comptroller General increased respectively to $42,500 and $40,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. -End- -CITE- 31 USC Sec. 704 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION -HEAD- Sec. 704. Relationship to other laws -STATUTE- (a) To the extent applicable, all laws generally related to administering an agency apply to the Comptroller General. (b) A copy of a record and a transcript from a record or proceeding of the Comptroller General, that the Comptroller General or Deputy Comptroller General certifies under seal, shall be admitted as evidence with the same effect as a copy or transcript referred to in section 1733 of title 28. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 704(a) 31:46(1st sentence). June 10, 1921, ch. 18, Sec. 306, 42 Stat. 24. 704(b) 31:46(last sentence). -------------------------------------------------------------------- In the section, the words "Comptroller General" are substituted for "General Accounting Office" for consistency. In subsection (a), the word "agency" is substituted for "departments and establishments" because of section 701 of the revised title. In subsection (b), the word "record" is substituted for "books, records, papers, or documents" for consistency in the revised title and with other titles of the United States Code. -End- -CITE- 31 USC Sec. 705 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION -HEAD- Sec. 705. Inspector General for the Government Accountability Office -STATUTE- (a) Establishment of Office. - There is established an Office of the Inspector General in the Government Accountability Office, to - (1) conduct and supervise audits consistent with generally accepted government auditing standards and investigations relating to the Government Accountability Office; (2) provide leadership and coordination and recommend policies, to promote economy, efficiency, and effectiveness in the Government Accountability Office; and (3) keep the Comptroller General and Congress fully and currently informed concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations of the Government Accountability Office. (b) Appointment, Supervision, and Removal. - (1) The Office of the Inspector General shall be headed by an Inspector General, who shall be appointed by the Comptroller General without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Comptroller General. (2) The Inspector General may be removed from office by the Comptroller General. The Comptroller General shall, promptly upon such removal, communicate in writing the reasons for any such removal to each House of Congress. (3) The Inspector General shall be paid at an annual rate of pay equal to $5,000 less than the annual rate of pay of the Comptroller General, and may not receive any cash award or bonus, including any award under chapter 45 of title 5. (c) Authority of Inspector General. - In addition to the authority otherwise provided by this section, the Inspector General, in carrying out the provisions of this section, may - (1) have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material that relate to programs and operations of the Government Accountability Office; (2) make such investigations and reports relating to the administration of the programs and operations of the Government Accountability Office as are, in the judgment of the Inspector General, necessary or desirable; (3) request such documents and information as may be necessary for carrying out the duties and responsibilities provided by this section from any Federal agency; (4) in the performance of the functions assigned by this section, obtain all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence from a person not in the United States Government or from a Federal agency, to the same extent and in the same manner as the Comptroller General under the authority and procedures available to the Comptroller General in section 716 of this title; (5) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the functions assigned by this section, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office of Inspector General designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal; (6) have direct and prompt access to the Comptroller General when necessary for any purpose pertaining to the performance of functions and responsibilities under this section; (7) report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law; and (8) provide copies of all reports to the Audit Advisory Committee of the Government Accountability Office and provide such additional information in connection with such reports as is requested by the Committee. (d) Complaints by Employees. - (1) The Inspector General - (A) subject to subparagraph (B), may receive, review, and investigate, as the Inspector General considers appropriate, complaints or information from an employee of the Government Accountability Office concerning the possible existence of an activity constituting a violation of any law, rule, or regulation, mismanagement, or a gross waste of funds; and (B) shall refer complaints or information concerning violations of personnel law, rules, or regulations to established investigative and adjudicative entities of the Government Accountability Office. (2) The Inspector General shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. (3) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (e) Semiannual Reports. - (1) The Inspector General shall submit semiannual reports summarizing the activities of the Office of the Inspector General to the Comptroller General. Such reports shall include, but need not be limited to - (A) a summary of each significant report made during the reporting period, including a description of significant problems, abuses, and deficiencies disclosed by such report; (B) a description of the recommendations for corrective action made with respect to significant problems, abuses, or deficiencies described pursuant to subparagraph (A); (C) a summary of the progress made in implementing such corrective action described pursuant to subparagraph (B); and (D) information concerning any disagreement the Comptroller General has with a recommendation of the Inspector General. (2) The Comptroller General shall transmit the semiannual reports of the Inspector General, together with any comments the Comptroller General considers appropriate, to Congress within 30 days after receipt of such reports. (f) Independence in Carrying Out Duties and Responsibilities. - The Comptroller General may not prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities of the Inspector General under this section. (g) Authority for Staff. - (1) In general. - The Inspector General shall select, appoint, and employ (including fixing and adjusting the rates of pay of) such personnel as may be necessary to carry out this section consistent with the provisions of this title governing selections, appointments, and employment (including the fixing and adjusting the rates of pay) in the Government Accountability Office. Such personnel shall be appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service, except that no personnel of the Office may be paid at an annual rate greater than $1,000 less than the annual rate of pay of the Inspector General. (2) Experts and consultants. - The Inspector General may procure temporary and intermittent services under section 3109 of title 5 at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title. (3) Independence in appointing staff. - No individual may carry out any of the duties or responsibilities of the Office of the Inspector General unless the individual is appointed by the Inspector General, or provides services obtained by the Inspector General, pursuant to this paragraph. (4) Limitation on program responsibilities. - The Inspector General and any individual carrying out any of the duties or responsibilities of the Office of the Inspector General are prohibited from performing any program responsibilities. (h) Office Space. - The Comptroller General shall provide the Office of the Inspector General - (1) appropriate and adequate office space; (2) such equipment, office supplies, and communications facilities and services as may be necessary for the operation of the Office of the Inspector General; (3) necessary maintenance services for such office space, equipment, office supplies, and communications facilities; and (4) equipment and facilities located in such office space. (i) Definition. - As used in this section, the term "Federal agency" means a department, agency, instrumentality, or unit thereof, of the Federal Government. -SOURCE- (Added Pub. L. 110-323, Sec. 5(a), Sept. 22, 2008, 122 Stat. 3544.) -MISC1- INCUMBENT Pub. L. 110-323, Sec. 5(b), Sept. 22, 2008, 122 Stat. 3547, provided that: "The individual who serves in the position of Inspector General of the Government Accountability Office on the date of the enactment of this Act [Sept. 22, 2008] shall continue to serve in such position subject to removal in accordance with the amendments made by this section [enacting this section]." -End- -CITE- 31 USC SUBCHAPTER II - GENERAL DUTIES AND POWERS 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER II - GENERAL DUTIES AND POWERS -HEAD- SUBCHAPTER II - GENERAL DUTIES AND POWERS -End- -CITE- 31 USC Sec. 711 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER II - GENERAL DUTIES AND POWERS -HEAD- Sec. 711. General authority -STATUTE- The Comptroller General may - (1) prescribe regulations to carry out the duties and powers of the Comptroller General; (2) delegate the duties and powers of the Comptroller General to officers and employees of the Government Accountability Office as the Comptroller General decides is necessary to carry out those duties and powers; (3) regulate the practice of representatives of persons before the Office; and (4) administer oaths to witnesses when auditing and settling accounts. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 711 31:44(1st sentence). June 10, 1921, ch. 18, Sec. 304(1st par. 1st sentence), 42 Stat. 24. 31:52(c), (d). June 10, 1921, ch. 18, Sec. 311(c), (d), 42 Stat. 25; Feb. 15, 1980, Pub. L. 96-191, Sec. 8(e)(4), 94 Stat. 33. 31:52-1(related to Feb. 15, 1980, Pub. L. 96-191, direct). Sec. 2(related to direct), 94 Stat. 27. 31:117. R.S. Sec. 297. -------------------------------------------------------------------- In clause (1), the words "may . . . prescribe regulations to carry out the duties and powers of the Comptroller General" are substituted for "shall make such rules and regulations as may be necessary for carrying on the work of the General Accounting Office" in 31:52(d) for consistency. In clause (2), the word "delegate" is substituted for "direct" in 31:52-1, and the words "officers and employees" are substituted for "personnel", and 31:52(c) is omitted, for consistency in the revised title and with other titles of the United States Code. In clause (3), the words "rules and" in 31:52(d) are omitted as surplus. The words "representatives of persons" are substituted for "attorneys" for clarity and consistency in the revised title. In clause (4), the words "in any case in which they may deem it necessary for the due" in 31:117 are omitted as surplus. The words "auditing and settling" are substituted for "examination" for consistency. The words "with which they shall be charged" are omitted because of the restatement. AMENDMENTS 2004 - Par. (2). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". -End- -CITE- 31 USC Sec. 712 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER II - GENERAL DUTIES AND POWERS -HEAD- Sec. 712. Investigating the use of public money -STATUTE- The Comptroller General shall - (1) investigate all matters related to the receipt, disbursement, and use of public money; (2) estimate the cost to the United States Government of complying with each restriction on expenditures of a specific appropriation in a general appropriation law and report each estimate to Congress with recommendations the Comptroller General considers desirable; (3) analyze expenditures of each executive agency the Comptroller General believes will help Congress decide whether public money has been used and expended economically and efficiently; (4) make an investigation and report ordered by either House of Congress or a committee of Congress having jurisdiction over revenue, appropriations, or expenditures; and (5) give a committee of Congress having jurisdiction over revenue, appropriations, or expenditures the help and information the committee requests. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 712(1) 31:53(a)(1st June 10, 1921, ch. 18, Sec. sentence words 312(a)(1st sentence words before 5th comma). before 5th comma), (b), 42 Stat. 25. 712(2) 31:59. Aug. 2, 1946, ch. 753, Secs. 205, 206(1st sentence), 60 Stat. 837. 712(3) 31:60(1st sentence). 712(4) 31:53(b)(1st sentence). 712(5) 31:53(b)(last sentence). -------------------------------------------------------------------- In clause (1), the words "at the seat of government or elsewhere" are omitted as surplus. In clause (2), the words "estimate the cost to the United States Government of complying with each restriction on expenditures" are substituted for "make a full and complete study of restrictions . . . limiting the expenditure therein with a view to determining the cost to the Government incident to complying with such restrictions", and the word "desirable" is substituted for "necessary or desirable", to eliminate unnecessary words. In clause (3), the words "executive agency" are substituted for "agency in the executive branch of the Government (including Government corporations)" because of section 102 of the revised title. In clause (4), the words "committee of Congress" are substituted for "committee of either House" for consistency. In clause (5), the words "at the request of any such committee, direct assistants from his office" are omitted as surplus. REPORT ON TOBACCO SETTLEMENT AGREEMENT Pub. L. 107-171, title X, Sec. 10908, May 13, 2002, 116 Stat. 538, provided that: "Not later than December 31, 2002, and annually thereafter through 2006, the Comptroller General shall submit to Congress a report that describes all programs and activities that States have carried out using funds received under all phases of the Master Settlement Agreement of 1997." -End- -CITE- 31 USC Sec. 713 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER II - GENERAL DUTIES AND POWERS -HEAD- Sec. 713. Audit of Internal Revenue Service, Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives -STATUTE- (a) Under regulations of the Comptroller General, the Comptroller General shall audit the Internal Revenue Service and the Tax and Trade Bureau, Department of the Treasury, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice of the Department of the Treasury.(!1) An audit under this section does not affect a final decision of the Secretary of the Treasury under section 6406 of the Internal Revenue Code of 1986 (26 U.S.C. 6406). (b)(1) To carry out this section and to the extent provided by and only subject to section 6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103) - (A) returns and return information (as defined in section 6103(b) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(b)) shall be made available to the Comptroller General; and (B) records and property of, or used by, the Service or either Bureau, shall be made available to the Comptroller General. (2) At least once every 6 months, the Comptroller General shall designate each officer and employee of the Government Accountability Office by name and title to whom returns, return information, or records or property of the Service or either Bureau that can identify a particular taxpayer may be made available. Each designation or a certified copy of the designation shall be sent to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House, the Joint Committee on Taxation, the Commissioner of Internal Revenue, the Tax and Trade Bureau, Department of the Treasury, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. (3) Except as expressly provided by law, an officer or employee of the Office may make known information derived from a record or property of, or in use by, the Service or either Bureau that can identify a particular taxpayer only to another officer or employee of the Office whose duties or powers require that the record or property be made known. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107-296, title XI, Sec. 1112(m), Nov. 25, 2002, 116 Stat. 2277; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 713(a) 31:67(d)(1). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 117(d)(1)-(3); added Oct. 7, 1977, Pub. L. 95-125, Sec. 1, 91 Stat. 1104. 713(b)(1) 31:67(d)(2)(1st sentence less proviso). 713(b)(2) 31:67(d)(3). 713(b)(3) 31:67(d)(2)(1st sentence proviso, last sentence). -------------------------------------------------------------------- In subsection (a), the words "rules and" and "findings or" are omitted as surplus. The words "or his delegate" are omitted as unnecessary because of sections 301(b) and 321(a)(2) of the revised title. In subsection (b)(1), before clause (A), the words "To carry out" are substituted for "For the purposes of, and to the extent necessary in, making the audits required by", and the word "only" is substituted for "but notwithstanding the provisions of any other law", to eliminate unnecessary words. The words "the requirements imposed by" are omitted as surplus. The words "Comptroller General" are substituted for "representatives of the General Accounting Office" for consistency. In clause (B), the word "records" is substituted for "books, accounts, financial records, reports, files, papers" for consistency in the revised title and with other titles of the United States Code. The words "other" and "things" are omitted as surplus. In subsection (b)(2), the words "in writing" and "pursuant to the provisions of paragraph (2) of this subsection" are omitted as surplus. The words "records or property of the Service or the Bureau" are substituted for "any information described in clause (B) of such paragraph (2)" for clarity. The words "in a form . . . be associated with or otherwise . . . directly or indirectly", "such written", and "promptly" are omitted as surplus. In subsection (b)(3), the words "divulge . . . in any manner whatever to any person" are omitted as surplus. The words "information derived from a record or property of, or in use by, the Service or the Bureau" are substituted for "any information described in clause (B)" for clarity and consistency. The words "in a form . . . be associated with or otherwise . . . directly or indirectly" are omitted as surplus. The word "powers" is substituted for "responsibilities" for consistency. The words "that the record or property be made known" are substituted for "such disclosure" for clarity. The text of 31:67(d)(2)(last sentence) is omitted as surplus. AMENDMENTS 2004 - Subsec. (b)(2). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". 2002 - Pub. L. 107-296, Sec. 1112(m)(1), substituted ", Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives" for "and Bureau of Alcohol, Tobacco, and Firearms" in section catchline. Subsec. (a). Pub. L. 107-296, Sec. 1112(m)(2), substituted "Tax and Trade Bureau, Department of the Treasury, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice" for "Bureau of Alcohol, Tobacco, and Firearms,". Subsec. (b)(1)(B). Pub. L. 107-296, Sec. 1112(m)(3)(A), substituted "or either Bureau" for "or the Bureau". Subsec. (b)(2). Pub. L. 107-296, Sec. 1112(m)(3)(B), substituted "or either Bureau" for "or the Bureau" and "the Tax and Trade Bureau, Department of the Treasury, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice" for "and the Director of the Bureau". Subsec. (b)(3). Pub. L. 107-296, Sec. 1112(m)(3)(C), substituted "or either Bureau" for "or the Bureau". 1986 - Subsecs. (a), (b)(1). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever appearing. -CHANGE- CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. -MISC2- EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. -FOOTNOTE- (!1) So in original. -End- -CITE- 31 USC Sec. 714 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER II - GENERAL DUTIES AND POWERS -HEAD- Sec. 714. Audit of Financial Institutions Examination Council, Federal Reserve Board, Federal reserve banks, Federal Deposit Insurance Corporation, and Office of Comptroller of the Currency -STATUTE- (a) In this section, "agency" means the Financial Institutions Examination Council, the Federal Reserve Board, Federal reserve banks, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision. (b) Under regulations of the Comptroller General, the Comptroller General shall audit an agency, but may carry out an onsite examination of an open insured bank or bank holding company only if the appropriate agency has consented in writing. Audits of the Federal Reserve Board and Federal reserve banks may not include - (1) transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization; (2) deliberations, decisions, or actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, and open market operations; (3) transactions made under the direction of the Federal Open Market Committee; or (4) a part of a discussion or communication among or between members of the Board of Governors and officers and employees of the Federal Reserve System related to clauses (1)-(3) of this subsection. (c)(1) Except as provided in this subsection, an officer or employee of the Government Accountability Office may not disclose information identifying an open bank, an open bank holding company, or a customer of an open or closed bank or bank holding company. The Comptroller General may disclose information related to the affairs of a closed bank or closed bank holding company identifying a customer of the closed bank or closed bank holding company only if the Comptroller General believes the customer had a controlling influence in the management of the closed bank or closed bank holding company or was related to or affiliated with a person or group having a controlling influence. (2) An officer or employee of the Office may discuss a customer, bank, or bank holding company with an official of an agency and may report an apparent criminal violation to an appropriate law enforcement authority of the United States Government or a State. (3) This subsection does not authorize an officer or employee of an agency to withhold information from a committee of Congress authorized to have the information. (d)(1) To carry out this section, all records and property of or used by an agency, including samples of reports of examinations of a bank or bank holding company the Comptroller General considers statistically meaningful and workpapers and correspondence related to the reports shall be made available to the Comptroller General. The Comptroller General shall give an agency a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out an audit. (2) The Comptroller General shall prevent unauthorized access to records or property of or used by an agency that the Comptroller General obtains during an audit. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 890; Pub. L. 101-73, title III, Sec. 307(c), Aug. 9, 1989, 103 Stat. 353; Pub. L. 104- 316, title I, Sec. 115(a), Oct. 19, 1996, 110 Stat. 3834; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 714(a) 31:67(e)(2). Sept. 12, 1950, ch. 946, 64 Stat. 832, Sec. 117(e)(1)-(5), (7); added July 21, 1978, Pub. L. 95-320, Sec. 2, 92 Stat. 391; Nov. 10, 1978, Pub. L. 95-630, Sec. 1010, 92 Stat. 3696. 714(b) 31:67(e)(1), (3), (4). 714(c) 31:67(e)(5). 714(d) 31:67(e)(7). -------------------------------------------------------------------- In subsection (a), the words "Financial Institutions Examination Council, the Federal Reserve Board, Federal reserve banks, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency" are substituted for "the agencies, banks, facilities, and corporation, listed in clauses (A), (B), (C), and (D) of paragraph (1)" for clarity. The words "and their branches and facilities" are omitted as unnecessary because of section 4 of the Rules of Organization of the Federal Reserve System set out in 12:222(note). In subsections (b) and (c), the words "Comptroller General" are substituted for "General Accounting Office" and "Office" for consistency. In subsection (b), before clause (1), the words "rules and" are omitted as surplus. The word "agency" is substituted for 31:67(e)(1)(A)-(D) because of subsection (a). The words "(hereinafter in this subsection referred to as the Office)" are omitted because of the restatement. In clause (1), the words "government of a foreign country" are substituted for "foreign governments" for consistency. In clause (3), the words "including transactions of the Federal Reserve System Open Market Account" are omitted as surplus. In clause (4), the words "oral, written, telegraphic, or telephonic" are omitted as surplus. In subsection (c)(1), the words "otherwise", "to any person, nor shall the Office disclose in its report or otherwise outside of the Office", "in a form", and "specific" are omitted as surplus. In subsection (c)(2), the words "An officer or employee of the Office" are substituted for "the Office or its employees" for consistency in the revised title and with other titles of the United States Code. The word "specific" is omitted as surplus. In subsection (c)(3), the words "or subcommittee of the" are omitted as surplus. The words "authorized to have the information" are substituted for "duly authorized" for clarity. In subsection (d)(1), the words "To carry out this section, all records and property of or used by an agency . . . shall be made available to the Comptroller General" are substituted for 31:67(e)(7)(A)(words before 11th comma) for consistency in the revised title and with other titles of the Code and to eliminate unnecessary words. The words "without deletions" are omitted as surplus. The words "from whatever source" and "whether or not a part of the reports" are omitted as surplus. The words "shall have the authority to authorize Office personnel to conduct such audits and to have access to agency materials described in subparagraph (A) and" are omitted because of sections 702(b) and 711 of the revised title. The words "records and property" are substituted for "such agency materials" for clarity and consistency. In subsection (d)(2), the words "records and property of or used by an agency" are substituted for "agency materials described in subparagraph (A)" for consistency. The words "The Comptroller General shall prevent unauthorized access to records or property" are substituted for 31:67(e)(7)(D)(last sentence) for clarity. AMENDMENTS 2004 - Subsec. (c)(1). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". 1996 - Subsec. (d). Pub. L. 104-316 struck out at end of par. (1) "An agency shall give the Comptroller General suitable and lockable offices and furniture, telephones, and access to copying facilities." and amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Except for the temporary removal of workpapers of the Comptroller General that do not identify a customer of an open or closed bank or bank holding company, an open bank, or an open bank holding company, all workpapers of the Comptroller General and records and property of or used by an agency that the Comptroller General possesses during an audit, shall remain in the agency. The Comptroller General shall prevent unauthorized access to records or property." 1989 - Subsec. (a). Pub. L. 101-73 inserted reference to Office of Thrift Supervision. -End- -CITE- 31 USC Sec. 715 01/05/2009 -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE I - GENERAL CHAPTER 7 - GOVERNMENT ACCOUNTABILITY OFFICE SUBCHAPTER II - GENERAL DUTIES AND POWERS -HEAD- Sec. 715. Audit of accounts and operations of the District of Columbia government -STATUTE- (a) In addition to the audit carried out under section 455 of the District of Columbia Home Rule Act (Public Law 93-198, 87 Stat. 803; D.C. Code, Sec. 47-117), the Comptroller General each year shall audit the accounts and operations of the District of Columbia government. An audit shall be carried out according to principles, under regulations, and in a way the Comptroller General prescribes. When prescribing the procedures to follow and the extent of the inspection of records, the Comptroller General shall consider generally accepted principles of auditing, including the effectiveness of accounting organizations and systems, internal audit and control, and related administrative practices. (b) The Comptroller General shall submit each audit report to Congress and (other than the audit reports of the District of Columbia Courts) the Mayor and Council of the District of Columbia. The report shall include the scope of an audit, information the Comptroller General considers necessary to keep Congress, the Mayor, and the Council informed of operations audited, and recommendations the Comptroller General considers advisable. (c)(1) By the 90th day after receiving an audit report from the Comptroller General, the Mayor shall state in writing to the Council measures the District of Columbia government is taking to comply with the recommendations of the Comptroller General. A copy of the statement shall be sent to Congress. (2) After the Council receives the statement of the Mayor, the Council may make available for public inspection the report of the Comptroller General and other material the Council considers pertinent. (d) To carry out this section, records and property of or used by the District of Columbia government necessary to make an audit easier shall be made available to the Comptroller General. The Mayor shall provide facilities to carry out an audit. (e) Not later than March 1 of each year, the Comptroller General shall submit to the Committee on the District of Columbia of the House of Representatives and the Subcommittee on General Services, Federalism, and the District of Columbia of the Committee on Governmental Affairs of the Senate a review of the report of the breakdown of the independently audited revenues of the District of Columbia for the preceding fiscal year by revenues derived from the Federal Government and revenues derived from sources other than the Federal Government that is included in the independent annual audit of the funds of the District of Columbia conducted for such fiscal year. -SOURCE- (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 891; Pub. L. 102-102, Sec. 2(c)(2), Aug. 17, 1991, 105 Stat. 496; Pub. L. 105-33, title XI, Secs. 11244(b), 11717(b), Aug. 5, 1997, 111 Stat. 754, 786.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 715(a) 31:61(a)(1st, 2d Dec. 24, 1973, Pub. L. 93-198, sentences). Sec. 736, 87 Stat. 823. 715(b) 31:61(b)(1). 715(c)(1) 31:61(b)(3). 715(c)(2) 31:61(b)(2). 715(d) 31:61(a)(last sentence). -------------------------------------------------------------------- In subsection (a), the words "Comptroller General" are substituted for "General Accounting Office" for consistency. The words "of Columbia" are added for clarity. The words "rules and" are omitted as surplus. The word "way" is substituted for "procedures" and "detail" to eliminate unnecessary words. The words "of the United States" are omitted as surplus. The word "records" is substituted for "vouchers and other documents" to eliminate unnecessary words. In subsection (b), the words "of the District of Columbia" are added for clarity. The words "comments and" are omitted as surplus. The word "audited" is substituted for "to which the reports relate" for consistency and to eliminate unnecessary words. The words "with respect thereto" are omitted as surplus. In subsection (c)(2), the words "After the Council receives the statement of the Mayor" are substituted for "After the Mayor has had an opportunity to be heard", and the words "of the Comptroller General" are added, for clarity. The word "thereto" is omitted as surplus. In subsection (d), the words "To carry out this section" are added for clarity. The words "records and property of or used by . . . shall be made available to the Comptroller General" are substituted for 31:61(a)(last sentence 1st-30th words) for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words "of Columbia government" are added for consistency. The words "The Mayor shall provide facilities to carry out an audit" are substituted for 31:61(a)(last sentence words after last comma) for clarity. AMENDMENTS 1997 - Subsec. (a). Pub. L. 105-33, Sec. 11717(b), substituted "District of Columbia Home Rule Act" for "District of Columbia Self- Government and Governmental Reorganization Act". Subsec. (b). Pub. L. 105-33, Sec. 11244(b), substituted "and (other than the audit reports of the District of Columbia Courts) the Mayor" for "and the Mayor". 1991 - Subsec. (e). Pub. L. 102-102 added subsec. (e). -CHANGE- CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. -MISC2- EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105-33, see section 11721 of Pub. L. 105-33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1991 AMENDMENT Section 2(e) of Pub. L. 102-102 provided that: "The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 17, 1991]." TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which the requirement to submit annual audit reports to Congress under subsec. (b) of this section is listed on page 4), see section 3003 of Pub. L. 104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out as notes under section 1113 of this title. -TRANS- ABOLITION OF HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on the District of Columbia treated as referring to Committee on Government Reform and Oversight of House of Representatives, see section 1(b) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of Ho