US Codex
U.S.C.
Notes

§3801. Definitions — Inbound Citations

31 U.S.C. § 3801

Cited by 340 provisions in release 119-102.

Citations to §3801(a)(1)

Citations to §3801(a)(2)

Citations to §3801(a)(3)(C)

Citations to §3801(a)(4)

Citations to §3801(a)(7)

Citations to §3801(a)(7)(A)

Citations to §3801(a)(7)(B)

Citations to §3801(a)(7)(C)

Citations to §3801(a)(8)

Citations to §3801(a)(9)

Citations to §3801(a)(10)

  • 31 U.S.C. § 3351(2)(A)(ii)
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    (ii) posted on the website of the executive agency that statement and any accompanying materials required under guidance of the Office of Management and Budget;
  • 31 U.S.C. § 3351(2)(C)
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    (C) if required, publishes improper payments estimates for all programs and activities identified under section 3352(a) in the accompanying materials to the annual financial statement;
  • 31 U.S.C. § 3351(2)(D)
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    (D) publishes programmatic corrective action plans prepared under section 3352(d) that the executive agency may have in the accompanying materials to the annual financial statement;
  • 31 U.S.C. § 3351(2)(E)
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    (E) publishes improper payments reduction targets established under section 3352(d) that the executive agency may have in the accompanying materials to the annual financial statement for each program or activity assessed to be at risk, and has demonstrated improvements and developed a plan to meet the reduction targets; and
  • 31 U.S.C. § 3352(c)(1)(B)
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    (B) include the estimates described in subparagraph (A) in the accompanying materials to the annual financial statement of the executive agency and as required in applicable guidance of the Office of Management and Budget.
  • 31 U.S.C. § 3512(d)(2)(A)
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    (A) if the head of an executive agency decides the systems do not comply with subsection (c) of this section, a report identifying any material weakness in the systems and describing the plans and schedule for correcting the weakness; and
  • 31 U.S.C. § 3516(e)
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    (e) A report under subsection (a) shall include a transmittal letter from the agency head containing, in addition to any other content, an assessment by the agency head of the completeness and reliability of the performance and financial data used in the report. The assessment shall describe any material inadequacies in the completeness and reliability of the data, and the actions the agency can take and is taking to resolve such inadequacies.
  • 31 U.S.C. § 3729(a)(1)(B)
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    (B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
  • 31 U.S.C. § 3729(a)(1)(G)
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    (G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government,
  • 31 U.S.C. § 3729(b)(4)
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    (4) the term “material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
  • 31 U.S.C. § 3730(b)(2)
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    (2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4)1 of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.
  • 31 U.S.C. § 3731(b)(2)
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    (2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,
  • 31 U.S.C. § 3732(c)
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    (c) With respect to any State or local government that is named as a co-plaintiff with the United States in an action brought under subsection (b), a seal on the action ordered by the court under section 3730(b) shall not preclude the Government or the person bringing the action from serving the complaint, any other pleadings, or the written disclosure of substantially all material evidence and information possessed by the person bringing the action on the law enforcement authorities that are authorized under the law of that State or local government to investigate and prosecute such actions on behalf of such governments, except that such seal applies to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.
  • 31 U.S.C. § 3733(a)(1)
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    (1) Whenever the Attorney General, or a designee (for purposes of this section), has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General, or a designee, may, before commencing a civil proceeding under section 3730(a) or other false claims law, or making an election under section 3730(b), issue in writing and cause to be served upon such person, a civil investigative demand requiring such person—
    (A) to produce such documentary material for inspection and copying,
    (B) to answer in writing written interrogatories with respect to such documentary material or information,
    (C) to give oral testimony concerning such documentary material or information, or
    (D) to furnish any combination of such material, answers, or testimony.
    The Attorney General may delegate the authority to issue civil investigative demands under this subsection. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served. Any information obtained by the Attorney General or a designee of the Attorney General under this section may be shared with any qui tam relator if the Attorney General or designee determine it is necessary as part of any false claims act1 investigation.
  • 31 U.S.C. § 3733(a)(1)(A)
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    (A) to produce such documentary material for inspection and copying,
  • 31 U.S.C. § 3733(a)(1)(B)
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    (B) to answer in writing written interrogatories with respect to such documentary material or information,
  • 31 U.S.C. § 3733(a)(1)(C)
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    (C) to give oral testimony concerning such documentary material or information, or
  • 31 U.S.C. § 3733(a)(1)(D)
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    (D) to furnish any combination of such material, answers, or testimony.
  • 31 U.S.C. § 3733(a)(2)(B)
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    (B) If such demand is for the production of documentary material, the demand shall—
    (i) describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified;
    (ii) prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying; and
    (iii) identify the false claims law investigator to whom such material shall be made available.
  • 31 U.S.C. § 3733(a)(2)(B)(i)
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    (i) describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified;
  • 31 U.S.C. § 3733(a)(2)(B)(ii)
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    (ii) prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying; and
  • 31 U.S.C. § 3733(a)(2)(B)(iii)
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    (iii) identify the false claims law investigator to whom such material shall be made available.
  • 31 U.S.C. § 3733(b)(1)
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    (1) A civil investigative demand issued under subsection (a) may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under—
    (A) the standards applicable to subpoenas or subpoenas duces tecum issued by a court of the United States to aid in a grand jury investigation; or
    (B) the standards applicable to discovery requests under the Federal Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this section.
  • 31 U.S.C. § 3733(b)(2)
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    (2) Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this section) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege which the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials.
  • 31 U.S.C. § 3733(f)(1)
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    (1) The production of documentary material in response to a civil investigative demand served under this section shall be made under a sworn certificate, in such form as the demand designates, by—
    (A) in the case of a natural person, the person to whom the demand is directed, or
    (B) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person.
    The certificate shall state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(f)(2)
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    (2) Any person upon whom any civil investigative demand for the production of documentary material has been served under this section shall make such material available for inspection and copying to the false claims law investigator identified in such demand at the principal place of business of such person, or at such other place as the false claims law investigator and the person thereafter may agree and prescribe in writing, or as the court may direct under subsection (j)(1). Such material shall be made so available on the return date specified in such demand, or on such later date as the false claims law investigator may prescribe in writing. Such person may, upon written agreement between the person and the false claims law investigator, substitute copies for originals of all or any part of such material.
  • 31 U.S.C. § 3733(i)(1)
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    (1) The Attorney General shall designate a false claims law investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this section, and shall designate such additional false claims law investigators as the Attorney General determines from time to time to be necessary to serve as deputies to the custodian.
  • 31 U.S.C. § 3733(i)(2)(A)
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    (A) A false claims law investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit them to the custodian. The custodian shall take physical possession of such material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material under paragraph (4).
  • 31 U.S.C. § 3733(i)(2)(B)
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    (B) The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any false claims law investigator, or other officer or employee of the Department of Justice. Such material, answers, and transcripts may be used by any such authorized false claims law investigator or other officer or employee in connection with the taking of oral testimony under this section.
  • 31 U.S.C. § 3733(i)(2)(C)
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    (C) Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, shall be available for examination by any individual other than a false claims law investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). The prohibition in the preceding sentence on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent disclosure to the Congress, including any committee or subcommittee of the Congress, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities.
  • 31 U.S.C. § 3733(i)(2)(D)(i)
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    (i) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers; and
  • 31 U.S.C. § 3733(i)(3)
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    (3) Whenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this section may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered which have not passed into the control of such court, grand jury, or agency through introduction into the record of such case or proceeding.
  • 31 U.S.C. § 3733(i)(4)
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    (4) If any documentary material has been produced by any person in the course of any false claims law investigation pursuant to a civil investigative demand under this section, and—
    (A) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed, or
    (B) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation,
    the custodian shall, upon written request of the person who produced such material, return to such person any such material (other than copies furnished to the false claims law investigator under subsection (f)(2) or made for the Department of Justice under paragraph (2)(B)) which has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding.
  • 31 U.S.C. § 3733(i)(4)(A)
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    (A) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed, or
  • 31 U.S.C. § 3733(i)(4)(B)
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    (B) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation,
  • 31 U.S.C. § 3733(i)(5)
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    (5) In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this section, or in the event of the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General shall promptly—
    (A) designate another false claims law investigator to serve as custodian of such material, answers, or transcripts, and
    (B) transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated.
    Any person who is designated to be a successor under this paragraph shall have, with regard to such material, answers, or transcripts, the same duties and responsibilities as were imposed by this section upon that person’s predecessor in office, except that the successor shall not be held responsible for any default or dereliction which occurred before that designation.
  • 31 U.S.C. § 3733(i)(5)(A)
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    (A) designate another false claims law investigator to serve as custodian of such material, answers, or transcripts, and
  • 31 U.S.C. § 3733(i)(5)(B)
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    (B) transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated.
  • 31 U.S.C. § 3733(j)(1)
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    (1) Whenever any person fails to comply with any civil investigative demand issued under subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of the civil investigative demand.
  • 31 U.S.C. § 3733(j)(4)
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    (4) At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued under subsection (a), such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section.
  • 31 U.S.C. § 3733(k)
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    (k) Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under subsection (a) shall be exempt from disclosure under section 552 of title 5.
  • 31 U.S.C. § 3733(l)(5)
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    (5) the term “documentary material” includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery;
  • 31 U.S.C. § 3802(a)(1)(B)
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    (B) includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent;
  • 31 U.S.C. § 3802(a)(1)(C)(i)
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    (i) omits a material fact;
  • 31 U.S.C. § 3802(a)(1)(C)(iii)
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    (iii) is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or
  • 31 U.S.C. § 3802(a)(2)(A)(i)
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    (i) asserts a material fact which is false, fictitious, or fraudulent; or
  • 31 U.S.C. § 3802(a)(2)(A)(ii)(I)
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    (I) omits a material fact; and
  • 31 U.S.C. § 3802(a)(2)(B)
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    (B) in the case of a statement described in clause (ii) of subparagraph (A), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and
  • 31 U.S.C. § 3803(e)(1)(A)
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    (A) Except as provided in subparagraph (B) of this paragraph, at any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to review, and upon payment of a reasonable fee for duplication, shall be entitled to obtain a copy of, all relevant and material documents, transcripts, records, and other materials, which relate to such allegations and upon which the findings and conclusions of the investigating official under paragraph (1) of subsection (a) are based.
  • 31 U.S.C. § 3803(e)(1)(B)
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    (B) A person is not entitled under subparagraph (A) to review and obtain a copy of any document, transcript, record, or material which is privileged under Federal law.
  • 31 U.S.C. § 3803(e)(2)
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    (2) At any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to obtain all exculpatory information in the possession of the investigating official or the reviewing official relating to the allegations contained in such notice. The provisions of subparagraph (B) of paragraph (1) do not apply to any document, transcript, record, or other material, or any portion thereof, in which such exculpatory information is contained.
  • 31 U.S.C. § 3803(g)(3)(B)(ii)
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    (ii) Procedures to permit discovery by any person alleged to be liable under section 3802 of this title only to the extent that the presiding officer determines that such discovery is necessary for the expeditious, fair, and reasonable consideration of the issues, except that such procedures shall not apply to documents, transcripts, records, or other material which a person is entitled to review under paragraph (1) of subsection (e) or to information to which a person is entitled under paragraph (2) of such subsection. Procedures promulgated under this clause shall prohibit the discovery of the notice required under subsection (a)(2) of this section.
  • 31 U.S.C. § 3803(i)(2)(B)
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    (B) Any authority head reviewing under this section the decision, findings, and determinations of a presiding officer shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (f) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the authority head that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the authority head shall remand the matter to the presiding officer for consideration of such additional evidence.
  • 31 U.S.C. § 3804(b)(2)
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    (2) to require by subpoena the attendance and testimony of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the presiding officer considers relevant and material to the hearing.
  • 31 U.S.C. § 3805(d)
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    (d) Any district court reviewing under this section the decision, findings, and determinations of an authority shall not consider any objection that was not raised in the hearing conducted pursuant to section 3803(f) of this title unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the court shall remand the matter to the authority for consideration of such additional evidence.
  • 31 U.S.C. § 3808(a)(2)
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    (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed.
  • 31 U.S.C. § 3905(b)
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    (b) Each construction contract awarded by an agency shall include a clause that requires the prime contractor to include in each subcontract for property or services entered into by the prime contractor and a subcontractor (including a material supplier) for the purpose of performing such construction contract—
    (1) a payment clause which obligates the prime contractor to pay the subcontractor for satisfactory performance under its subcontract within 7 days out of such amounts as are paid to the prime contractor by the agency under such contract; and
    (2) an interest penalty clause which obligates the prime contractor to pay to the subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (1) of this subsection—
    (A) for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and
    (B) computed at the rate specified by section 3902(a) of this title.

Citations to §3801(a)(11)

  • 31 U.S.C. § 3101(a)
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    (a) In this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation.
  • 31 U.S.C. § 3101(b)
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    (b) The face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) may not be more than $14,294,000,000,000, outstanding at one time, subject to changes periodically made in that amount as provided by law through the congressional budget process described in Rule XLIX1 of the Rules of the House of Representatives or as provided by section 3101A or otherwise.
  • 31 U.S.C. § 3101(c)
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    (c) For purposes of this section, the face amount, for any month, of any obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of—
    (1) the original issue price of the obligation, plus
    (2) the portion of the discount on the obligation attributable to periods before the beginning of such month (as determined under the principles of section 1272(a) of the Internal Revenue Code of 1986 without regard to any exceptions contained in paragraph (2) of such section).
  • 31 U.S.C. § 3101(c)(1)
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    (1) the original issue price of the obligation, plus
  • 31 U.S.C. § 3101(c)(2)
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    (2) the portion of the discount on the obligation attributable to periods before the beginning of such month (as determined under the principles of section 1272(a) of the Internal Revenue Code of 1986 without regard to any exceptions contained in paragraph (2) of such section).
  • 31 U.S.C. § 3104(c)
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    (c) Treasury bills issued under this section may not be accepted before maturity to pay principal or interest on obligations of governments of foreign countries that are held by the United States Government.
  • 31 U.S.C. § 3108
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    An obligation issued under sections 3102–3104(a)(1) and 3105–3107 of this title may not bear the circulation privilege.
  • 31 U.S.C. § 3110(a)
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    (a) With the approval of the President, the Secretary of the Treasury may sell obligations of the government of a foreign country when the obligations were acquired under—
    (1) the First Liberty Bond Act and matured before June 16, 1947;
    (2) the Second Liberty Bond Act and matured before October 16, 1938; or
    (3) section 7(a) of the Victory Liberty Loan Act.
  • 31 U.S.C. § 3110(b)
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    (b) The Secretary may prescribe the conditions and frequency for receiving payment under obligations of a government of a foreign country acquired under the laws referred to in subsection (a) of this section. A sale of an obligation acquired under those Acts shall at least equal the purchase price and accrued interest. The proceeds of obligations sold under this section and payments received from governments on the principal of their obligations shall be used to redeem or buy (for not more than par value and accrued interest) bonds of the United States Government issued under this chapter. If those bonds cannot be redeemed or bought, the Secretary shall redeem or buy other outstanding interest-bearing obligations of the Government that are subject to redemption or which can be bought at not more than par value and accrued interest.
  • 31 U.S.C. § 3111
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    An obligation may be issued under this chapter to buy, redeem, or refund, at or before maturity, outstanding bonds, notes, certificates of indebtedness, Treasury bills, or savings certificates of the United States Government. Under regulations of the Secretary of the Treasury, money received from the sale of an obligation and other money in the general fund of the Treasury may be used in making the purchases, redemptions, or refunds.
  • 31 U.S.C. § 3112(b)(2)
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    (2) 2.5 percent of the total amount of bonds and notes issued under the First Liberty Bond Act, the Second Liberty Bond Act, the Third Liberty Bond Act, the Fourth Liberty Bond Act, and the Victory Liberty Loan Act and outstanding on July 1, 1920, less an amount equal to the par amount of obligations of governments of foreign countries that the United States Government held on July 1, 1920; and
  • 31 U.S.C. § 3113(a)(1)(B)
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    (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; and
  • 31 U.S.C. § 3113(d)
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    (d) The Treasury has an account into which money received as gifts and proceeds from the sale or redemption of gifts under this section shall be deposited. The Secretary shall use the money in the account to pay at maturity, or to redeem or buy before maturity, an obligation of the Government included in the public debt. An obligation of the Government that is paid, redeemed, or bought with money from the account shall be canceled and retired and may not be reissued. Money deposited in the account is appropriated and may be expended to carry out this section.
  • 31 U.S.C. § 3113(e)(1)
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    (1) The Secretary shall redeem a direct obligation of the Government bearing interest or sold on a discount basis on receiving it when the obligation—
    (A) is given to the Government;
    (B) becomes the property of the Government under the conditions of a trust; or
    (C) is payable on the death of the owner to the Government (or to an officer of the Government in the officer’s official capacity).
  • 31 U.S.C. § 3121(a)
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    (a) In issuing obligations under sections 3102–3104 of this title, the Secretary of the Treasury may prescribe—
    (1) whether an obligation is to be issued on an interest-bearing basis, a discount basis, or an interest-bearing and discount basis;
    (2) regulations on the conditions under which the obligation will be offered for sale, including whether it will be offered for sale on a competitive or other basis;
    (3) the offering price and interest rate;
    (4) the method of computing the interest rate;
    (5) the dates for paying principal and interest;
    (6) the form and denominations of the obligations; and
    (7) other conditions.
  • 31 U.S.C. § 3121(a)(1)
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    (1) whether an obligation is to be issued on an interest-bearing basis, a discount basis, or an interest-bearing and discount basis;
  • 31 U.S.C. § 3121(a)(2)
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    (2) regulations on the conditions under which the obligation will be offered for sale, including whether it will be offered for sale on a competitive or other basis;
  • 31 U.S.C. § 3121(a)(6)
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    (6) the form and denominations of the obligations; and
  • 31 U.S.C. § 3121(b)(1)
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    (1) Under conditions prescribed by the Secretary, an obligation issued under this chapter and redeemable on demand of the owner or holder may be used to pay the United States Government for taxes imposed by it.
  • 31 U.S.C. § 3121(b)(2)
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    (2) An obligation of the Government issued after March 3, 1971, under law may not be redeemed before its maturity to pay a tax imposed by the Government in an amount more than the fair market value of the obligation at the time of its redemption. This paragraph does not apply to a Treasury bill issued under section 3104 of this title.
  • 31 U.S.C. § 3121(c)
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    (c) Under conditions prescribed by the Secretary, an obligation authorized by this chapter may be issued in exchange for an obligation of an agency whose principal and interest are unconditionally guaranteed by the Government at or before maturity.
  • 31 U.S.C. § 3121(e)
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    (e) A decision of the Secretary about an issue of obligations under sections 3102–3104 of this title is final.
  • 31 U.S.C. § 3121(f)
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    (f) The Secretary may accept voluntary services in carrying out the sale of public debt obligations.
  • 31 U.S.C. § 3121(g)(1)
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    (1) In this subsection, “registration-required obligation” means an obligation except an obligation—
    (A) not of a type offered to the public; or
    (B) having a maturity (at issue) of not more than one year.
  • 31 U.S.C. § 3121(g)(2)
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    (2) Every registration-required obligation of the Government shall be in registered form. A book entry obligation is deemed to be in registered form if the right to principal and stated interest on the obligation may be transferred only through a book entry consistent with regulations of the Secretary.
  • 31 U.S.C. § 3121(h)(1)
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    (1) The Secretary shall prescribe by regulation standards for the safeguarding and use of obligations issued under this chapter, and obligations otherwise issued or guaranteed as to principal or interest by the United States. Such regulations shall apply only to a depository institution that is not a government securities broker or a government securities dealer and that holds such obligations as fiduciary, custodian, or otherwise for the account of a customer and not for its own account. Such regulations shall provide for the adequate segregation of obligations so held, including obligations which are purchased or sold subject to resale or repurchase.
  • 31 U.S.C. § 3122(a)
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    (a) The Secretary of the Treasury may designate incorporated banks and trust companies as depositaries for any part of proceeds of an obligation issued under this chapter. The Secretary may prescribe the conditions under which deposits may be made under this section, including the interest rate on amounts deposited and security requirements.
  • 31 U.S.C. § 3123(a)
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    (a) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter.
  • 31 U.S.C. § 3124(a)
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    (a) Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax, except—
    (1) a nondiscriminatory franchise tax or another nonproperty tax instead of a franchise tax, imposed on a corporation; and
    (2) an estate or inheritance tax.
  • 31 U.S.C. § 3124(b)
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    (b) The tax status of interest on obligations and dividends, earnings, or other income from evidences of ownership issued by the Government or an agency and the tax treatment of gain and loss from the disposition of those obligations and evidences of ownership is decided under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). An obligation that the Federal Housing Administration had agreed, under a contract made before March 1, 1941, to issue at a future date, has the tax exemption privileges provided by the authorizing law at the time of the contract. This subsection does not apply to obligations and evidences of ownership issued by the District of Columbia, a territory or possession of the United States, or a department, agency, instrumentality, or political subdivision of the District, territory, or possession.
  • 31 U.S.C. § 3125(a)
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    (a) In this section, “obligation” means a direct obligation of the United States Government issued under law for valuable consideration, including bonds, notes, certificates of indebtedness, Treasury bills, and interim certificates issued for an obligation.
  • 31 U.S.C. § 3125(b)
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    (b) The Secretary of the Treasury may provide relief for the loss, theft, destruction, mutilation, or defacement of an obligation identified by number and description.
  • 31 U.S.C. § 3125(c)(1)
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    (1) An indemnity bond is required as a condition of relief if the obligation is payable to bearer or assigned so as to become payable to bearer and is not proven clearly to have been destroyed. The Secretary may prescribe for the indemnity bond the form, amount, and surety or security requirements.
  • 31 U.S.C. § 3125(c)(2)
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    (2) Relief for interest coupons claimed to have been attached to an obligation may be provided only if the Secretary is satisfied that the coupons have not been paid and are destroyed or will not become the basis of a valid claim against the Government.
  • 31 U.S.C. § 3128
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    A finding of death made by an officer or employee of the United States Government authorized by law to make the finding is sufficient proof of death to allow credit in the accounts of a Federal reserve bank or accountable official of the Department of the Treasury in a case involving the transfer, exchange, reissue, redemption, or payment of obligations of the Government, including obligations guaranteed by the Government for which the Secretary of the Treasury acts as transfer agent.
  • 31 U.S.C. § 3129(a)
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    (a) Amounts to pay necessary expenses (including rent) for an issue of obligations authorized under this chapter are appropriated to the Secretary of the Treasury. However, the amount appropriated under this section may not be more than—
    (1) .2 percent of the amount of bonds and notes authorized under this chapter;
    (2) .1 percent of the amount of certificates of indebtedness authorized under section 3104 of this title; and
    (3) .1 percent of the amount of certificates of indebtedness authorized under the First Liberty Bond Act.
  • 31 U.S.C. § 3129(b)
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    (b) An appropriation under this section is available for obligation only through the end of the fiscal year after the fiscal year in which the issue was made. During a period for which an appropriation for a specified amount is made for expenses for which this section makes an appropriation for an unspecified amount, only the appropriation for the specified amount is available for obligation.
  • 31 U.S.C. § 3130(b)(3)
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    (3) A table showing the maturity distribution of the net public debt as of the time the report is submitted and for prior years, and an explanation of the overall financing strategy used in determining the distribution of maturities when issuing public debt obligations, including a discussion of the projections and assumptions with respect to the structure of interest rates for the current fiscal year and for the succeeding 5 fiscal years.
  • 31 U.S.C. § 3130(b)(4)(A)
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    (A) A description of the various categories of the holders of public debt obligations.
  • 31 U.S.C. § 3130(b)(6)
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    (6) A table showing the annual principal and interest payments which would be required to amortize in equal annual payments the level (as of the time the report is submitted) of the net public debt over the longest remaining term to maturity of any obligation which is a part of such debt.
  • 31 U.S.C. § 3130(d)
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    (d) The Secretary of the Treasury may include in any report submitted under subsection (a) such recommendations to improve the issuance and sale of public debt obligations (and with respect to other matters) as he may deem advisable.
  • 31 U.S.C. § 3130(e)(2)
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    (2) The term “total public debt” means the total amount of the obligations subject to the public debt limit established in section 3101 of this title.
  • 31 U.S.C. § 3324(b)(2)(A)(ii)
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    (ii) an obligation of the Government; or
  • 31 U.S.C. § 3327(a)
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    (a) The Secretary of the Treasury may issue a check or other draft on public money in the Treasury to pay an obligation of the United States Government. When the Secretary decides it is convenient to a public creditor and in the public interest, the Secretary may designate a depositary to issue a check or other draft on public money held by the depositary to pay an obligation of the Government. As directed by the Secretary, each depositary shall report to the Secretary on public money paid and received by the depositary.
  • 31 U.S.C. § 3328(a)(3)
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    (3) Nothing in this subsection shall be construed to affect the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued.
  • 31 U.S.C. § 3333(a)(1)(C)
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    (C) a debt obligation guaranteed or assumed by the United States Government.
  • 31 U.S.C. § 3333(b)
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    (b) This section does not relieve another individual from civil or criminal liability for a check, draft, warrant, or debt obligation of the Government.
  • 31 U.S.C. § 3334(c)
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    (c) Nothing in this section shall be construed to affect the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued.
  • 31 U.S.C. § 3341(a)
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    (a) A disbursing official of the United States Government may sell a Government warrant, check, draft, or obligation not the property of the official at a premium, or dispose of the proceeds of the warrant, check, draft, or obligation, only if the official deposits the premium and the proceeds in the Treasury or with a depositary for the credit of the Government.
  • 31 U.S.C. § 3352(i)(2)(C)(ii)
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    (ii) may be credited, if applicable, for the purpose described in clause (i) by the head of an executive agency to any executive agency appropriations and funds that are available for obligation at the time of collection; and
  • 31 U.S.C. § 3352(i)(2)(D)(i)
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    (i) shall be credited to the appropriation or fund, if any, available for obligation at the time of collection for the same general purposes as the appropriation or fund from which the overpayment was made;
  • 31 U.S.C. § 3352(i)(2)(D)(iii)(II)(aa)
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    (aa) for amounts that are recovered more than 5 fiscal years from the last fiscal year in which the funds were available for obligation, shall be deposited in the Treasury as miscellaneous receipts; and
  • 31 U.S.C. § 3352(i)(2)(D)(iii)(II)(bb)
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    (bb) for other amounts, shall be newly available for the same time period as the funds were originally available for obligation.
  • 31 U.S.C. § 3512(c)(1)(A)
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    (A) obligations and costs comply with applicable law;
  • 31 U.S.C. § 3528(a)(4)(C)
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    (C) that does not represent a legal obligation under the appropriation or fund involved; and
  • 31 U.S.C. § 3528(b)(1)(B)(i)
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    (i) the obligation was incurred in good faith;
  • 31 U.S.C. § 3553(d)(1)
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    (1) A contractor awarded a Federal agency contract may, during the period described in paragraph (4), begin performance of the contract and engage in any related activities that result in obligations being incurred by the United States under the contract unless the contracting officer responsible for the award of the contract withholds authorization to proceed with performance of the contract.
  • 31 U.S.C. § 3553(d)(3)(A)(ii)
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    (ii) if authorization for contract performance to proceed was not withheld in accordance with paragraph (2) before receipt of the notice, the contracting officer shall immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract.
  • 31 U.S.C. § 3702(c)(2)
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    (2) Nothing in this subsection affects the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued.
  • 31 U.S.C. § 3702(e)(2)
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    (2) Payment of a claim settled under subsection (a)(1)(A) shall be made from an appropriation that is available, for the fiscal year in which the payment is made, for the same purpose as the appropriation to which the obligation claimed would have been charged if the obligation had been timely paid, except that in the case of a claim for retired pay or survivor benefits, if the obligation claimed would have been paid from a trust fund if timely paid, the payment of the claim shall be made from that trust fund.
  • 31 U.S.C. § 3711(e)(2)
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    (2) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection and at other times allowed by law, the head of an executive, judicial, or legislative agency shall provide, on request of a person alleged by the agency to be responsible for the claim, for a review of the obligation of the person, including an opportunity for reconsideration of the initial decision on the claim.
  • 31 U.S.C. § 3711(g)(10)
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    (10) To carry out the purposes of this subsection, the Secretary of the Treasury may prescribe such rules, regulations, and procedures as the Secretary considers necessary and transfer such funds from funds appropriated to the Department of the Treasury as may be necessary to meet existing liabilities and obligations incurred prior to the receipt of revenues that result from debt collections.
  • 31 U.S.C. § 3716(c)(2)(A)
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    (A) for the amount of the administrative offset on the basis that the underlying obligation, represented by the payment before the administrative offset was taken, was not satisfied; or
  • 31 U.S.C. § 3729(a)(1)(F)
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    (F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or
  • 31 U.S.C. § 3729(a)(1)(G)
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    (G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government,
  • 31 U.S.C. § 3729(b)(3)
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    (3) the term “obligation” means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment; and
  • 31 U.S.C. § 3902(a)
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    (a) Under regulations prescribed under section 3903 of this title, the head of an agency acquiring property or service from a business concern, who does not pay the concern for each complete delivered item of property or service by the required payment date, shall pay an interest penalty to the concern on the amount of the payment due. The interest shall be computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 7109(a)(1) and (b) of title 41, which is in effect at the time the agency accrues the obligation to pay a late payment interest penalty.
  • 31 U.S.C. § 3902(d)
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    (d) The temporary unavailability of funds to make a timely payment due for property or services does not relieve the head of an agency from the obligation to pay interest penalties under this section.
  • 31 U.S.C. § 3902(g)
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    (g) A recipient of a grant from the head of an agency may provide in a contract for the acquisition of property or service from a business concern that, consistent with the usual business practices of the recipient and applicable State and local law, the recipient will pay an interest penalty on amounts overdue under the contract under conditions agreed to by the recipient and the concern. The recipient may not pay the penalty from amounts received from an agency. Amounts expended for the penalty may not be counted toward a matching requirement applicable to the grant. An obligation to pay the penalty is not an obligation of the United States Government.
  • 31 U.S.C. § 3905(d)(1)
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    (1) permit the prime contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract, without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;
  • 31 U.S.C. § 3905(d)(3)
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    (3) permit such withholding without incurring any obligation to pay a late payment penalty if—
    (A) a notice conforming to the standards of subsection (g) of this section has been previously furnished to the subcontractor; and
    (B) a copy of any notice issued by a prime contractor pursuant to subparagraph (A) of this paragraph has been furnished to the Government.
  • 31 U.S.C. § 3905(e)(4)(B)
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    (B) incur an obligation to pay a late payment interest penalty computed at the rate specified by section 3902(a) of this title;
  • 31 U.S.C. § 3905(f)(1)
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    (1) If a prime contractor, after making payment to a first-tier subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a “second-tier subcontractor”) a written notice in accordance with section 3133(b) of title 40, asserting a deficiency in such first-tier subcontractor’s performance under the contract for which the prime contractor may be ultimately liable, and the prime contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, then the prime contractor may, without incurring an obligation to pay an interest penalty under subsection (e)(6) of this section—
    (A) furnish to the first-tier subcontractor a notice conforming to the standards of subsection (g) of this section as soon as practicable upon making such determination; and
    (B) withhold from the first-tier subcontractor’s next available progress payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under subparagraph (A) of this paragraph.
  • 31 U.S.C. § 3905(f)(2)
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    (2) As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the prime contractor shall pay the amount withheld under paragraph (1)(B) of this subsection to such first-tier subcontractor, or shall incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed at the rate specified by section 3902(a) of this title.
  • 31 U.S.C. § 3905(k)
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    (k) A contractor’s obligation to pay an interest penalty to a subcontractor pursuant to the clauses included in a subcontract under subsection (b) or (c) of this section may not be construed to be an obligation of the United States for such interest penalty. A contract modification may not be made for the purpose of providing reimbursement of such interest penalty. A cost reimbursement claim may not include any amount for reimbursement of such interest penalty.