the Treasurer's Office any one or more of said clerks to be a Special Assistant Treasurer, with authority to sign certificates of deposit, checks, letters, telegrams, and other official documents in connection with the business of the Treasurer's Office, and who shall serve in this capacity without additional salary. Each person so appointed shall, moreover, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct in like cases of the Treasurer. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (c), 86 Stat. 209.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which prohibited appointments under this section until the official bond given by the Treasurer was made in terms to cover and apply to the acts and defaults of every person appointed. Chapter 5.-THE BUREAU OF ENGRAVING AND PRINTING § 180. Night differential pay for employees in clericalmechanical service. REPEALS General repealer of provisions inconsistent with Pub. L. 92-392 as not repealing or affecting provisions contained in this section, see section 13 of Pub. L. 92-392, Aug. 19, 1972, 86 Stat. 575, set out as a note under section 5341 of Title 5, Government Organization or Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 5349. Chapter 6.-DEBTS DUE BY, OR TO, § 200. Documentary evidence of obligations. TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume. (b) Members of non-military departments; limitation; replacement of property in kind; payments to survivors. (1) Subject to any policies the President may prescribe to effectuate the purposes of this subsection and (A) under regulations the head of an agency (other than a military department, the Secretary of the Treasury with respect to the Coast Guard, the Department of Defense, or any agency or office referred to in subparagraph (B) of this paragraph) may prescribe for his agency or, in the case of ACTION, all of that part of ACTION other than the office referred to in such subparagraph, part thereof, he or his designee may settle and pay a claim arising after August 31, 1964, against the United States for not more than $6,500 made by a member of the uniformed services under the jurisdiction of that agency or by a civilian officer or employee of that agency or part thereof, for damage to, or loss of, personal property incident to his service; and (B) under regulations the Secretary of State, the Administrator for the Agency for International Development, the Director of the United States Information Agency, the Director of the United States Arms Control and Disarmament Agency, the Director of ACTION with respect to the office of ACTION engaged primarily in carrying out the Peace Corps Act, and the Board of Directors of the Overseas Private Investment Corporation, may prescribe for their agencies or, in the case of ACTION, for such office, he or his designee may settle and pay a claim arising after August 31, 1964, against the United States for not more than $10,000 made by a civilian officer or employee of such agency or office for damage to, or loss of personal property incident to his service. If the claim is substantiated and the possession of that property is determined to be reasonable, useful, or proper under the circumstances, the claim may be paid or the property replaced in kind. This subsection does not apply to claims settled before August 31, 1964. (As amended Pub. L. 92-352, title I, § 106(a), July 13, 1972, 86 Stat. 491.) REFERENCES IN TEXT The Peace Corps Act, referred to in subsec. (b) (1) (B), is Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612. For distribution of such Act in the Code, see Short Title note set out under section 2501 of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1972-Subsec. (b) (1). Pub. L. 92-352 redesignated part of existing provisions as subpar. (A) and as so redesignated, generally amended provisions relating to settlement and payment of claims arising after Aug. 31, 1964, added subpar. (B), and substituted provisions relating to application of this subsection to claims settled before Aug. 31, 1964, for provisions relating to application of this subsection to claims settled before its enactment. EFFECTIVE DATE; RECONSIDERATION AND RESETTLEMENT OF CLAIMS PREVIOUSLY SETTLED Section 106(b) of Pub. L. 92-352 provided that: "Subsection (a) of this section [amending subsec. (b) (1) of this section] is effective August 31, 1964. Notwithstanding section 4 of the Military Personnel and Civilian Employees' Claims Act of 1964 [section 242 of this title], or any other provision of law, a claim heretofore settled in the amount of $6,500 solely by reason of the maximum limitation established by section 3(b)(1) of such Act [subsec. (b) (1) of this section], may, upon written request of the claimant made within one year from the date of enactment of this Act [July 13, 1972], be reconsidered and settled under that section, as amended by subsection (a) of this section." Chapter 7.-BUREAU OF THE MINT, MINTS AND ASSAY OFFICES § 270. Repealed. Pub. L. 92-310, title II, § 231(f), June 6, 1972, 86 Stat. 210. Section, R.S. § 3501, related to bonds of certain officers, assistants, and clerks in the Bureau of the Mint. § 281. Officers at New York assay office; duties. The duties of the superintendent and the assayer of the assay office at New York shall correspond to those of superintendents and assayers of mints; and all the provisions of this title relating to mints and their officers, the duties and responsibilites of such officers, and others employed therein, and the oaths All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume. COINS AND COINAGE § 324d. Bicentennial of the American Revolution dollar, half-dollar, and quarter-dollar coins. The reverse side of all dollar, half-dollar, and quarter-dollar coins minted for issuance on or after July 4, 1975, and until such time as the Secretary of the Treasury may determine, shall bear a design determined by the Secretary to be emblematic of the Bicentennial of the American Revolution. (Pub. L. 93-127, § 1, Oct. 18, 1973, 87 Stat. 455.) § 324e. Same; date on coins minted between July 4, 1975 and January 1, 1977 and thereafter. All dollar, half-dollar, and quarter-dollar coins minted for issuance between July 4, 1975, and January 1, 1977, shall bear "1776-1976" in lieu of the date of coinage; and all dollar, half-dollar, and quarter-dollar coins minted thereafter until such time as the Secretary of the Treasury may determine shall bear a date emblematic of the Bicentennial in addition to the date of coinage. (Pub. L. 93-127, § 2, Oct. 18, 1973, 87 Stat. 455.) § 324f. Same; manufacture and storage of medals and coins. Until the Secretary of the Treasury determines that the mints of the United States are adequate for the production of ample supplies of coins and medals, any facility of the Bureau of the Mint may be used for the manufacture and storage of medals and coins. (Pub. L. 93-127, § 3, Oct. 18, 1973, 87 Stat. 456.) §324g. Same; minting of silver-clad coins; limit on the number. Notwithstanding any other provision of law with respect to the design of coins, the Secretary shall mint prior to July 4, 1975, for issuance on and after such date, 45 million silver-clad alloy coins authorized under section 391 (a) of this title, commemorating the Bicentennial of the American Revolution, of such design, in such denomination, and containing such quantities of such other metals as he determines appropriate. In addition, the Secretary shall coin and issue not more than an additional 15 million such coins, if he determines such coins are needed to meet public demand. Coins minted under this section may only be distributed by the Secretary as proof or uncirculated coins at such prices as he may determine. The Secretary is authorized, by regulation, to limit the number of silver coins minted under this section which any one person may purchase. Coins minted under this section shall be treated as pieces subject to the one hundred and fifty million piece limitation contained in section 391(d) of this title, and shall be subject to such limitation. Receipts from the sale of coins under this section shall be covered into the Treasury as miscellaneous receipts. (Pub. L. 93-127, § 4, Oct. 18, 1973, 87 Stat. 456.) § 324h. Same; manufacture, distribution and sale of numismatic items. In connection with the operations of the Bureau of the Mint, the Secretary of the Treasury is authorized to manufacture and distribute numismatic items. Proceeds from the sale of numismatic items shall be reimbursed to the current appropriation for the cost of manufacturing and handling of such items. (Pub. L. 93-127, § 5, Oct. 18, 1973, 87 Stat. 456.) CLAD COINAGE § 391. Minting and issuance of clad coins; denominations and specifications; limitation on minting of dollar pieces. SECTION REFERRED TO IN OTHER SECTIONS CURRENCY § 405b. Gold certificates; issuance authorized. PAR VALUE MODIFICATION Par value for the dollar of $38 per fine troy ounce of gold established pursuant to the Par Value Modification Act to be the legal standard for defining the relationship of the dollar to gold for the purpose of issuing gold certificates pursuant to this section, see section 449 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 449 of this title. GOLD COIN AND GOLD BULLION § 442. Regulations for the acquisition and use of gold; exemption of gold held beyond continental United States. REPEAL Sections 3(a) and (c) of Pub. L. 93-110, Sept. 21, 1973, 87 Stat. 352, repealed this section and section 443 of this title and stated that "The provisions of this section [repealing such sections and prohibiting construction of any law or regulation against dealing with gold], pertaining to gold, shall take effect when the President finds and reports to the Congress that international monetary reform shall have proceeded to the point where elimination of regulations on private ownership of gold will not adversely affect the United States' international monetary position." PROHIBITION OF CONSTRUCTION OF LAW OR REGULATION AGAINST DEALING WITH GOLD Section 3(b) of Pub. L. 93-110, Sept. 21, 1973, 87 Stat. 352, provided that: "No provision of any law in effect on the date of enactment of this Act [Sept 1, 1973], and no rule, regulation, or order under authority of any such law, may be construed to prohibit any person from purchasing, holding, selling, or otherwise dealing with gold." § 443. Acquisition and use of gold in violation of law; penalties. REPEAL Section repealed when the President reports to Congress that international monetary reform shall have proceeded to the point where elimination of regulations on private ownership of gold will not adversely affect the United States' international monetary position, see section 3 (a) and (c) of Pub. L. 93-110, Sept. 21, 1973, 87 Stat. 352, set out as a note under section 442 of this title. PROHIBITION OF CONSTRUCTION OF LAW OR REGULATION AGAINST DEALING WITH GOLD Prohibition of construction of law in effect on Sept. 21, 1973, or regulation thereunder against dealing with gold, see section 3(b) of Pub. L. 93-110, Sept. 21, 1973, 87 Stat. 352, set out as a note under section 442 of this title. MODIFICATION OF DOLLAR PAR VALUE TO GOLD [New] § 449. Establishment of new par value; authority of Secretary of the Treasury; issuance of gold certificates. The Secretary of the Treasury is hereby authorized and directed to take the steps necessary to establish a new par value of the dollar of $1 equals 0.828948 Special Drawing Right or, the equivalent in terms of gold, of forty-two and two-ninth dollars per fine troy ounce of gold. When established such par value shall be the legal standard for defining the relationship of the dollar to gold for the purpose of issuing gold certificates pursuant to section 405b of this title. (Pub. L. 92-268, § 2, Mar. 31, 1972, 86 Stat. 116, amended Pub. L. 93-110, § 1, Sept. 21, 1973, 87 Stat. 352.) AMENDMENTS 1973-Pub. L. 93-110 substituted "0.828948 Special Drawing Right or, the equivalent in terms of gold, of forty-two and two-ninths dollars per fine troy ounce of gold" for "one thirty-eighth of a fine troy ounce of gold". SHORT TITLE Section 1 of Pub. L. 92-268 provided that: "This Act [enacting this section and sections 449a and 449b of this title] may be cited as the 'Par Value Modification Act'." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 449b of this title. § 449a. Maintenance of value of dollar holdings of International Monetary Fund and international development lending institutions in terms of gold; authorization of appropriations. The Secretary of the Treasury is authorized and directed to maintain the value in terms of gold of the holdings of United States dollars of the International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the International Development Association, and the Asian Development Bank to the extent provided in the articles of agreement of such institutions. There is hereby authorized to be appropriated, to remain available until expended, such amounts as may be necessary to provide for such maintenance of value. (Pub. L. 92-268, § 3, Mar. 31, 1972, 86 Stat. 117.) § 449b. Disposition of increment resulting from change in par value of dollar. The increase in the value of the gold held by the United States (including the gold held as security for gold certificates) resulting from the change in the par value of the dollar authorized by section 449 of this title shall be covered into the Treasury as a miscellaneous receipt. (Pub. L. 92-268, § 4, Mar. 31, 1972, 86 Stat. 117.) § 449c. Presidential action for realization of international monetary reform. It is the sense of the Congress that the President shall take all appropriate action to expedite realization of the international monetary reform noted at the Smithsonian on December 18, 1971. (Pub. L. 92-268, § 5, as added Pub. L. 93-110, § 2, Sept. 21, 1973, 87 Stat. 352.) Sec. 497a. 571. Chapter 10.-THE PUBLIC MONEYS Notification of deficiencies incurred by Federal officials [New]. NONESSENTIAL FEDERAL EXPENDITURES (a) Establishment; composition; appointment; (b) Duties of Joint Committee; report to President and Congress. (c) Hearings; sessions; actions; employment of (e) Authorization of appropriations. § 475. Repealed. Pub. L. 92–310, title II, § 231(h), June 6, 1972, 86 Stat. 210. Section, R.S. § 3600, related to bonds of officers in mints or assay offices authorized by law to act as depositaries. § 480. Deputies in case of sickness or absence. In case of the sickness or unavoidable absence of any depositary from his office, he may, with the approval of the Secretary of the Treasury, authorize the chief clerk, or some other clerk employed therein, to act in his place, and to discharge all the duties required by law of such depositary. Such acting officer shall moreover, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct, in like cases, of the depositary, respectively, for whom he acts. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(i), 86 Stat. 210.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which directed that the official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place. § 481. Repealed. Pub. L. 92-310, title II, § 231(j), June 6, 1972, 86 Stat. 210. Section, R.S. § 3614, related to bonds of special agents. § 483a. Services as self-sustaining; uniformity; regulations; deposit in Treasury; effect on other laws. It is the sense of the Congress that any work, service, publication, report, document, benefit, privilege, authority, use, franchise, license, permit, certificate, registration or similar thing of value or utility performed, furnished, provided, granted, prepared, or issued by any Federal agency (including wholly owned Government corporations as defined in the Government Corporation Control Act of 1945) to or for any person (including groups, associations, organizations, partnerships, corporations, or businesses), except those engaged in the transaction of official business of the Government, shall be selfsustaining to the full extent possible, and the head of each Federal agency is authorized by regulation (which, in the case of agencies in the executive branch, shall be as uniform as practicable and subject to such policies as the President may prescribe) to prescribe therefor such fee, charge, or price, if any, as he shall determine, in case none exists, or redetermine, in case of any existing one, to be fair and equitable taking into consideration direct and indirect cost to the Government, value to the recipient, public policy or interest served, and other pertinent facts, and any amount so determined or redetermined shall be collected and paid into the Treasury as miscellaneous receipts: Provided, That nothing contained in this section shall repeal or modify existing statutes prohibiting the collection, fixing the amount, or directing the disposition of any fee, charge or price: Provided further, That nothing contained in this section shall repeal or modify existing statutes prescribing bases for calculation of any fee, charge or price, but this proviso shall not restrict the redetermination or recalculation in accordance with the prescribed bases of the amount of any such fee, charge or price. (Aug. 31, 1951, ch. 376, title V, § 501, 65 Stat. 290.) REFERENCES IN TEXT The Government Corporation Control Act of 1945, referred to in the text, is classified to section 841 et seq. of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 2201. § 492. Disbursing officers. (d) Extension of authorization for drawing checks in favor of financial organizations to other classes of recurring payments. Procedures authorized in subsection (b) of this section, for the making of a payment in the form of a check drawn in favor of a financial organization, may be extended to any class of recurring payments. upon the written request of the person to whom payment is to be made and in accordance with regulations to be prescribed by the Secretary of the Treasury under authority of such subsection. (As amended Aug. 7, 1972, Pub. L. 92-366, 86 Stat. 506.) AMENDMENTS 1972 Subsec. (d). Pub. L. 92-366 added subsec. (d). § 492-1. Disbursing clerks. The disbursing clerks authorized by law in the several departments shall be appointed by the heads of the respective departments. Each disbursing clerk. except the disbursing clerk of the Treasury Department, must, when directed so to do by the head of the Department, superintend the building occupied by his Department. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(a), 86 Stat. 209.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which required the disbursing clerks to give bonds for the faithful discharge of their duties. § 494. Acting disbursing officer in case of sickness or unavoidable absence of disbursing clerk or disbursing agent. In case of the sickness or unavoidable absence of any disbursing clerk or disbursing agent of any executive department, independent bureau, or office in Washington, District of Columbia, he may, with the approval of the head of the department, independent bureau, or office, in which said disbursing clerk or agent is employed, authorize the clerk of highest grade employed therein to act in his place. and to discharge all the duties by law or regulations of such disbursing clerk or agent. Such acting officer shall, moreover, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct in like cases, of the disbursing clerk or disbursing agent, respectively, for whom he acts. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (w), 86 Stat. 211.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which related to the bond of the acting disbursing officer and which provided that the bond of the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place and stead. § 497a. Notification of deficiencies incurred by Federal officials. Whenever any deficiency is discovered in the accounts of any official of the United States or in the accounts of any officer disbursing or chargeable with public money, the accounting officers making such discovery shall notify immediately the head of the department having control over the affairs of such official or officer of the nature and amount of such deficiency. (Pub. L. 92-310, title II, § 260, June 6. 1972, 86 Stat. 215.) § 506. Distress warrant. Whenever any collector of the revenue, receiver of public money, or other officer who has received the public money before it is paid into the Treasury of the United States, fails to render his account, or pay over the same in the manner or within the time required by law, it shall be the duty of the General Accounting Office to cause to be stated the account of such officer, exhibiting truly the amount due to the United States, and to certify the same to the General Counsel for the Department of the Treasury, who shall issue a warrant of distress against the delinquent officer, directed to the marshal of the district in which such officer resides. Where the officer resides in a district other than that in which his estate may be, which it is intended to take and sell, then such warrant shall be directed to the marshals of such districts, respectively. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(k), 86 Stat. 210.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which required the distress warrant to be issued against the sureties of the delinquent officer, and substituted "Where the officer resides in a district other than that in which his estate may be" for "Where the officer and his sureties reside in different districts, or where they, or either of them, reside in a district other than that in which the estate of either may be". § 509. Repealed. Pub. L. 92-310, title II, § 231(1), June 6, 1972, 86 Stat. 210. Section, R.S. § 3628, related to the execution of a distress warrant against the sureties of a delinquent finance officer. § 510. Levy to be lien. The amount due by any delinquent officer is declared to be a lien upon the lands, tenements, and hereditaments of such officer, from the date of a levy in pursuance of the warrant of distress issued against him, and a record thereof made in the office of the clerk of the district court of the proper district, until the same is discharged according to law. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(m), 86 Stat. 210.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which declared that the amount due by any delinquent officer was a lien upon the lands, tenements, and hereditaments of the officer's sureties. § 511. Sale of lands regulated. For want of goods and chattels of a delinquent officer, sufficient to satisfy any warrant of distress issued pursuant to sections 506 to 510 of this title, the lands, tenements, and hereditaments of such officer, or so much thereof as may be necessary for that purpose, after being advertised for at least three weeks in not less than three public places in the county or district where such real estate is situate, before the time of sale, shall be sold by the marshal of such district or his deputy. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(n), 86 Stat. 210.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which related to the sale of lands of the sureties of a delinquent officer. § 512. Conveyance of lands. For all lands, tenements, or hereditaments sold in pursuance of section 511 of this title, the con veyance of the marshal or his deputy, executed in due form of law, shall give a valid title against all persons claiming under such delinquent officer. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(0), 86 Stat. 210.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which related to the sureties of a delinquent officer. § 513. Disposal of surplus. All moneys which may remain of the proceeds of sales, after satisfying the warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to such delinquent officer. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (p), 86 Stat. 210.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which permitted the return of any surplus to the surety of the delinquent officer. § 516. Extent of application of provision for distress warrants. All the provisions relating to the issuing of a warrant of distress against a delinquent officer shall extend to every officer of the Government charged with the disbursement of the public money, in the same manner and to the same extent as if he were described and enumerated in sections 506 to 520 of this title. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (q), 86 Stat. 210.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which extended the distress warrant provisions to the sureties of a delinquent officer. § 521. Duties of officers as custodians of public moneys. The Treasurer of the United States, all depositaries designated in accordance with section 476 of this title, and those performing the duties of assistant treasurer, all collectors of the customs, all surveyors of the customs, acting also as collectors, all receivers of public moneys at the several land offices, all postmasters, and all public officers of whatsoever character, are required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as specially allowed by law, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper department or officer of the Government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law, or by any regulation of the Treasury Department made in conformity to law. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (r), 86 Stat. 210.) AMENDMENTS 1972-Pub. L. 92-310 eliminated provisions which authorized the President to regulate and increase the sums for which bonds are required of all United States attorneys, collectors of customs, comptrollers of customs, surveyors of customs, Navy agents, Quartermaster General, registers of public lands, paymasters in the Army, and all other officers employed in the disbursement of the public moneys, under the direction of the Army or Navy Departments. 20-347 0-74-vol. 2-11 |