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to : OPERATION OF DIPLOMATIC AND CONSULAR ESTABLISHMENTS

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ABROAD

Section 103 of act June 20, 1956, ch. 414, title I, 70 Stat. 304, provided that: "The exchange of funds for payment of expenses in connection with the operation of diplomatic and consular establishments abroad shall not be subject to the provisions of this section."

Similar provisions were contained in acts June 3, 1948, ch. 400, title I, § 105, 62 Stat. 316; July 20, 1949, ch. 354, title I, § 105, 63 Stat. 456; Sept. 6, 1950, ch. 896, ch. III, title I, § 104, 64 Stat. 615; Oct. 22, 1951, ch. 533, title I, 65 Stat. 581; July 10, 1952, ch. 651, title I, § 104, 66 Stat. 555; Aug. 5, 1953, ch. 328, title I, § 103, 67 Stat. 371; July 2, 1954, ch. 456, title I, § 103, 68 Stat. 418; July 7, 1955, ch. 279, title I, § 103, 69 Stat. 269.

CROSS REFERENCES

Acceptance of Government checks by naval stores located abroad, see section 7605 of Title 10, Armed Forces. Traveler's checks in national parks or national monuments, see section 17d of Title 16, Conservation.

Withdrawal of gold coins from circulation, see section 315b of this title.

resses 8544. Premium on sales of public moneys to be accounted for.

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No officer of the United States shall either directly or indirectly, sell or dispose of to any person, for a premium, any Treasury note, draft, warrant, or other public security, not his private property, or sell or dispose of the avails or proceeds of such note, draft, warrant, or security, in his hands for disbursement, without making return of such premium, and accounting therefor by charging the same in his accounts to the credit of the United States; and any silver officer violating this section shall be forthwith disshall make missed from office.

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JERIVATION

Mar. 3, 188

(R. S. § 3652.) DERIVATION

Act Aug. 6, 1846, ch. 90, § 21, 9 Stat. 65. $545. Expenses of fiscal agents.

The officers, respectively, whose duty it is made by sections 472, 474, 475, 480—484, 487, 490, 492, 495, 496, 498, 505-529, 543-545, 547a, and 548 of this title to receive, keep, or disburse the public moneys, as the fiscal agents of the Government, may be allowed any necessary additional expenses for fireproof chests or vaults, or other necessary expenses of collecting, safekeeping, transferring, or disbursing the moneys; but all such expenses of every character shall be first expressly authorized by the Secretary of the Treasury, whose directions upon all the above subjects, by way of regulation and otherwise, so far as authorized by law, shall be strictly followed by all the officers. But no part of the money appropriated for the purposes above mentioned shall be expended for clerical services or payment of employees of any nature or grade.

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DERIVATION

Act Aug. 6, 1946, ch. 90, § 13, 9 Stat. 62.

CODIFICATION

Upon incorporation of section into the Code, word "clerks," which preceded "fire proof chests" in R. S. § 3653, was omitted as superseded by the provision incorporated in the second sentence. The word "collecting" was inserted preceding "safekeeping" to conform to the language of the appropriation for contingent expenses under R. S. § 3653, contained in act Jan. 2, 1925. § 546. Appropriations for construction of public buildings; disbursement.

All disbursements of money appropriated for the construction of public buildings under the control

of the Treasury Department shall be made by the Treasury Department at Washington, District of Columbia, except in cases of public buildings located so remote from the seat of government as to occasion hardship by undue delay in making payments to contractors. In every such exceptional case the Secretary of the Treasury may, in his discretion, require the collector of customs at or nearest the place where such building is being constructed to make the disbursement, as provided in section 70 of Title 5, but in such exceptional cases no additional compensation shall be paid to any collector of customs for disbursements made under this section; and no compensation or commissions shall be allowed for the disbursement of any appropriation for the construction, extension, enlargement, remodeling, or repairs of any public building under the control of the Treasury Department, except to disbursing agents appointed before March 4, 1911, and who have qualified by giving bonds. (Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1387.)

TRANSFER OF FUNCTIONS

Functions relating to disbursement of moneys of United States, exercised by any agency, transferred to Fiscal Service of Treasury Department, see note under section 543 of this title.

The Public Buildings Administration was abolished by act June 30, 1949, ch. 288, 63 Stat. 378, and all functions were transferred to the General Services Administration.

Transfer of Public Buildings Branch of Procurement Division in the Treasury Department to the Federal Works Agency and to the Public Buildings Administration, see 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 F. R. 2729, 53 Stat. 1426, 1427, set out as note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

§ 547. Disposition of trust funds received from foreign governments for citizens of United States.

All moneys received by the Secretary of State from foreign governments and other sources, in trust for citizens of the United States or others, shall be deposited and covered into the Treasury.

The Secretary of State shall determine the amounts due claimants, respectively, from each of such trust funds, and certify the same to the Secretary of the Treasury, who shall, upon the presentation of the certificates of the Secretary of State, pay the amounts so found to be due.

Each of the trust funds covered into the Treasury as aforesaid is appropriated for the payment to the ascertained beneficiaries thereof of the certificates provided for in this section. (Feb. 27, 1896, ch. 34, 29 Stat. 32.)

CROSS REFERENCES Funds to be classified on books of Treasury as trust funds, see section 725s of this title.

§ 547a. Investment of trust funds.

All funds held in trust by the United States, and the annual interest accruing thereon, when not otherwise required by treaty, shall be invested in stocks of the United States, bearing a rate of interest not less than 5 per centum per annum. (R. S. § 3659.)

DERIVATION

Act Sept. 11, 1841, ch. 25, § 2, 5 Stat. 465.
CROSS REFERENCES

Classification, appropriation and disbursement of trust funds, see section 725s of this title.

Moneys received from foreign governments and other sources, in trust for citizens of United States or others, to be deposited and covered into the Treasury, see section 547 of this title.

§ 548. Examination of depositaries.

The Secretary of the Treasury is authorized to cause examinations to be made of the books, accounts, and money on hand, of the several depositaries; and for that purpose to appoint special agents, as occasion may require, with such compensation, not exceeding $6 per day and traveling expenses, as he may think reasonable, to be fixed and declared at the time of each appointment. The agent selected to make these examinations shall be instructed to examine as well the books, accounts, and returns of the officer, as the money on hand, and the manner of its being kept, to the end that uniformity and accuracy in the accounts, as well as safety to the public moneys, may be secured thereby. (R. S. § 3649.)

DERIVATION

Act Aug. 6, 1846, ch. 90, § 11, 9 Stat. 62.

§ 549. Repealed. Aug. 2, 1956, ch. 887, § 4 (a) (31), 70 Stat. 948.

Section, R. S. § 3650; acts May 29, 1920, ch. 214, § 1, 41 Stat. 655; Sept. 21, 1922, ch. 356, title IV, § 523, 42 Stat. 974; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, directed the comptrollers of customs and surveyors, registers of land offices, and superintendents of mints to examine the books and accounts of their depositaries, collectors, and treasurers and to make a report to the Secretary of the Treasury. Such functions are now performed by the Comptroller General and covered by section 41 et seq. of this title.

§ 550. Same; Coast and Geodetic Survey.

Advances of money from available appropriations may be made to the Coast and Geodetic Survey and by authority of the Director thereof to chiefs of parties, who shall give bond under such rules and regulations and in such sum as the Secretary of Commerce may direct, and accounts arising under such advances shall be rendered through and by the disbursing officer of the Coast and Geodetic Survey to the General Accounting Office as under advances made to chiefs of parties prior to July 1, 1918. (July 1, 1918, ch. 113, § 1, 40 Stat. 688; June 5, 1920, ch. 235, § 1, 41 Stat. 929; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24.)

CODIFICATION

Section was a provision of the Sundry Civil Appropriation Act of July 1, 1918.

Upon incorporation into the Code, words "General Accounting Office" were substituted for "Treasury Department" to conform to section 304 of act June 10, 1921, which is set out as section 44 of this title.

TRANSFER OF FUNCTIONS

The functions of all officers of the Department of Commerce and all functions of all officers and employees of the Department, were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees. The Coast and Geodetic Survey, referred to in this section, is an agency within the Department of Commerce.

§ 551. Use of public moneys for expenses of conventions or other assemblages.

Unless specifically provided by law, no money from funds appropriated for any purpose shall be used for the purpose of lodging, feeding, conveying. or furnishing transportation to, any conventions or other form of assemblage or gathering to be held in the District of Columbia or elsewhere. This section shall not be construed to prohibit the payment of expenses of any officer or employee of the Government in the discharge of his official duties. (Feb. 2 1935, ch. 4, 49 Stat. 19.)

CROSS REFERENCES

4-H Boys and Girls Clubs to be allowed necessary epenses for assemblages notwithstanding this section, see section 552 of this title.

Payment of travel, subsistence and other expenses d government employees incident to attendance at meetings under Government Employees' Training Program. see section 2318 of Title 5, Executive Departments and Government Officers and Employees.

§ 552. Same; 4-H Boys and Girls Clubs.

Nothing contained in section 551 of this title shall be construed to prohibit the Secretary of Agriculture from paying the necessary expenses for assemblages of the 4-H Boys and Girls Clubs, called by the Secretary of Agriculture in the District of Columbis of elsewhere, in the furtherance of the cooperative extension work of the Department. (June 17, 1935. ch. 271, 49 Stat. 387.)

CHECK FORGERY INSURANCE FUND

§ 561. Creation of fund; appropriations.

There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, to be available until expended, to be used by the Treasurer of the United States, under the direction of the Secretary of the Treasury, for making settlement with the payees and special indorsees of certain checks drawn on the Treasurer of the United States, as provided in section 562 of this title. There is further authorised to be appropriated from time to time such addtional sums as may be necessary for such purpose There shall be on deposit with the Treasurer of the United States in a special deposit account a revolving fund, to be known as the check forgery insurance fund (hereinafter referred to as "the fund"), to be composed of the sum of $50,000 and such further sums as may hereafter be appropriated from time to time, together with all recoveries deposited to the credit of the fund as provided in section 563 of this title. (Nov. 21, 1941, ch. 489, § 1, 55 Stat. 7770

EFFECTIVE DATE

Section 5 of act Nov. 21, 1941, provided as follows: "This Act [sections 561-564 of this title] shall take effect on the sixtieth day following the date of its enactment."

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1. 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments

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and Government Officers and Employees. The Treasurer of the United States, referred to in this section, is an officer of the Treasury Department.

§ 562. Payments from fund to payees, etc., of lost or stolen checks on United States paid on forged indorsements.

Whenever it is established (a) that any check heretofore or hereafter drawn on the Treasurer of the United States has been lost or stolen, without the fault of the payee or a holder who is a special indorsee and whose indorsement is necessary to the further negotiation of such check, (b) that such check has thereafter been negotiated and paid by the Treasurer on a forged indorsement of the payee's or special indorsee's name, (c) that the payee or special indorsee has not participated either directly or indirectly in the proceeds of such negotiation or payment, and (d) that reclamation from the forger or transferees or parties on such check subsequent to the forgery has been or may be delayed or be unsuccessful, the Treasurer of the United States is authorized and directed to draw on the fund prior to reclamation to pay such payee or special indorsee the amount of such check, without interest. (Nov. 21, 1941, ch. 489, § 2, 55 Stat. 777.)

EFFECTIVE DATE

Effective date of act Nov. 21, 1941, see note under section 561 of this title.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Treasurer of the United States, referred to in this section, is an officer of the Treasury Department.

CROSS REFERENCES

Duplicates for lost, stolen, mutilated, etc., checks, see section 528 of this title.

§ 563. Criminal or civil liability of forger and subsequent indorsers; deposit of collections.

Nothing contained in sections 561-564 of this title shall be construed to relieve the forger from civil or criminal liability, nor to relieve any transferee or party on such check subsequent to the forgery from liability on his express or implied guaranty of prior indorsements, or liability to make refund to the Treasurer of the United States, and all amounts received by the Treasurer by way of reclamation from such persons, or other persons making repayment on behalf of such persons, to the extent that such amounts are necessary to reimburse the fund for payments made to payees or special indorsees thereform shall forthwith be deposited to the credit of the fund and shall be available for the purposes thereof. (Nov. 21, 1941, ch. 489, § 3, 55 Stat. 778.) EFFECTIVE DATE

Effective date of act Nov. 21, 1941, see note under section 561 of this title.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power 36-500 0-65-vol. 7-48

vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Treasurer of the United States, referred to in this section, is an officer of the Treasury Department.

§ 564. Rules and regulations.

The Secretary of the Treasury shall have the power to make such rules and regulations as he may deem necessary or proper for the administration of the provisions of sections 561-564 of this title. (Nov. 21, 1941, ch. 489, § 4, 55 Stat. 778.)

EFFECTIVE DATE

Effective date of act Nov. 21, 1941, see note under section 561 of this title.

Sec. 581.

Chapter 11.-APPROPRIATIONS

GENERAL PROVISIONS

Contents of proposed appropriations and statements of expenditures and estimates; information as to personal services and other objects; waiver.

581a. Notes and tables to explain changes made in form of Budget.

581b. Prior approval by agency head of requests for legislation authorizing appropriations.

581c. Adjustment of appropriations in connection with reorganizations.

(a) Transfer of functions between agencies in the same department or establishment. (b) Transfer of functions between departments or establishments.

581d. Adjustment of appropriations in connection with unpaid and overpaid balances in individual pay accounts.

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686c-688. Repealed.

propriations for work in connection with which transportation charges required.

689.

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691.

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692.

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693.

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693a.

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694. 695.

663a. Appropriation for salaries of certain Judicial officers; other uses prohibited; payment.

696.

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698.

Appropriations under control of Architect of Capitol; availability for expenses of advertising. Repealed.

Independent offices appropriations available for expenses of certain committees, boards, and interagency groups.

Department of Interior appropriations; availability for certain administrative expenses.

Same; availability for payment of property dam
ages.

Justice Department Appropriations; availability
for payment of litigation expenses.
Repealed.

Post Office Department appropriations; conditions
precedent to withdrawal from general fund of
Treasury.

Limitation on use of appropriations by agencies or instrumentalities; existence of agencies, etc.; performance of functions of barred agencies, etc.; by other agencies.

697. Executive branch appropriations; availability for discharge of national defense responsibilities. transfer between appropriations or allocations. Appropriations for pay of Army National Guard or Air National Guard; pay and allowances for Chief of the National Guard Bureau and officers order to active duty.

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APPROPRIATION ACCOUNTS

Accounting procedure.

(a) Transfer of obligated balances; withdrawal and restoration of unobligated balances. (b) Time for withdrawal of unobligated bal

ances.

(c) Definition of obligated and unobligated balance; collections received after transfer of obligated balance.

(d) Accounting and reporting of withdrawals. Availability for payment of obligations. Review of accountants; reports by agencies and by Comptroller General.

Transfer of account for payment of certified claims. Merger of obligated balances for definite periods Withdrawal of unobligated balances not limited to definite period.

Applicability to appropriations for District of
Columbia or for disbursal by Secretary of the
Senate or Clerk of the House of Representatives
Authorized exceptions.

PERMANENT ANNUAL APPROPRIATIONS
Permanent indefinite appropriations.

TREASURY DEPARTMENT

(1) Consular receipts.

(2) Interest on public debt.

(3) Refunding moneys erroneously received and covered.

(4)-(11) Repealed.

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Sec.

725v. Moneys in registry of any United States courts; disposition; disposition of all fees and other collections; exceptions.

725w. Survey and report of funds in official custody of officers and employees for which no accounting is rendered.

725x. Existing authorizations unaffected. 725y. Repeal of inconsistent provisions. 725z. Short title.

TRANSFER OF FUNCTIONS

Functions relating to procurement, warehousing, and distribution of property, stores, supplies, etc., exercised by any agency, transferred to Procurement Division, see Ex. Ord. No. 6166, § 1, set out in note under former sections 124-132 of Title 5, Executive Departments and Government Officers and Employees.

GENERAL PROVISIONS

§ 581. Contents of proposed appropriations and statements of expenditures and estimates; information as to personal services and other objects; waiver. (a) Except as otherwise provided in sections 1, 2, 11, 13-16, 17, 18, 19-22, 23, 24, 41, 42, 43, 44, 46, 47, 49, 52, 53-55, 71, 471, 581, and 581a of this title, the contents, order, and arrangement of the proposed appropriations and the statements of expenditures and estimated expenditures contained in the Budget or transmitted under section 14 of this title, and the notes and other data submitted therewith, shall conform to requirements prescribed by the President.

(b) The Budget, and statements furnished with any proposed supplemental or deficiency appropriations, shall be accompanied by information as to personal services and other objects of expenditure in the same manner and form as in the Budget for the fiscal year 1950: Provided, That this requirement may be waived or modified, either generally or in specific cases, by joint action of the committees of Congress having jurisdiction over appropriation: And provided further, That nothing in sections 1, 2, 11, 13—16, 17, 18, 19-22, 23, 24, 41, 42, 43, 44, 46, 47, 49, 52, 53-55, 71, 471, 581, and 581a of this title shall be construed to limit the authority of committees of Congress to request and receive such information in such form as they may desire in consideration of and action upon budget estimates. (June 10, 1921, ch. 18, title II, § 204, 42 Stat. 21; Sept. 12, 1950, ch. 946, title I, pt. I, § 102 (c), 64 Stat. 833.)

AMENDMENTS

1950 Subsec. (a). Act Sept. 12, 1950, substituted "proposed" for "estimates of", and provided that, except as otherwise provided by the sections enumerated, the contents, order and arrangement of the proposed appropriations and statements of expenditures contained in the Budget shall conform to requirements prescribed by the President, rather than, as formerly provided, to the requirements of existing laws.

Subsec. (b). Act Sept. 12, 1950, substituted entirely new provisions in lieu of the former provisions relating to statements to accompany estimates for lump-sum appropriations contained in the Budget or transmitted under section 14 of this title.

CHANGE IN APPROPRIATION TITLE AS AFFECTING EXPENDITURES Section 302 (b) of act Sept. 12, 1950, provided: "Whenever any law authorizes expenditures for a particular object or purpose to be made from an appropriation item referred to in such law by the specific title theretofore used for that appropriation item in the appropriation Act concerned, and thereafter such title is changed or is eliminated from such appropriation Act, expenditures for such object or purpose thereafter may be made from any corresponding appropriation item."

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