dreamproit/uscode huggingface dataset:
5 U.S.C. § 8345a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8345a. Embezzlement or conversion of payments
(a) Embezzling and Conversion Generally.—
(1) In general.—
It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
(2) Revocation.—
If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—
(A) revoke the certification for payment of benefits to the representative payee; and
(B) certify payment—
(i) to another representative payee; or
(ii) if the interest of the individual under this title would be served thereby, to the individual.
(b) Penalty.—
Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.
(Added Pub. L. 116–126, § 2(b)(1), Mar. 18, 2020, 134 Stat. 174.)
heading: Effective Date
text: Section effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of Pub. L. 116–126, see sections 4 and 3(b) of Pub. L. 116–126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title.
heading: Regulations
text: Regulations to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title.
5 U.S.C. § 8466a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8466a. Embezzlement or conversion of payments
(a) Embezzling and Conversion Generally.—
(1) In general.—
It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
(2) Revocation.—
If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—
(A) revoke the certification for payment of benefits to the representative payee; and
(B) certify payment—
(i) to another representative payee; or
(ii) if the interest of the individual under this title would be served thereby, to the individual.
(b) Penalty.—
Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.
(Added Pub. L. 116–126, § 2(b)(2), Mar. 18, 2020, 134 Stat. 175.)
heading: Effective Date
text: Section effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of Pub. L. 116–126, see sections 4 and 3(b) of Pub. L. 116–126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title.
heading: Regulations
text: Regulations to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title.
25 U.S.C. § 2452 (INDIANS)
§ 2452. Medical assessment and treatment of juvenile offenders
(a) Development and implementation of procedures
The Memorandum of Agreement entered into pursuant to section 2411 of this title shall include a specific provision for the development and implementation at each Bureau of Indian Affair 1 agency and Indian Health Service 2 unit of a procedure for the emergency medical assessment and treatment of every Indian youth arrested or detained by Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to or involving alcohol or substance abuse. The medical assessment required by this subsection—
(1) shall be conducted to determine the mental or physical state of the individual assessed so that appropriate steps can be taken to protect the individual’s health and well-being,
(2) shall occur as soon as possible after the arrest or detention of an Indian youth, and
(3) shall be provided by the Indian Health Service, either through its direct or contract health service.
(b) Treatment of certain committed youth
The Indian Health Service shall not refuse to provide necessary interim treatment for any Indian youth referred pursuant to subsection (a) who has been charged or is being prosecuted for any crime unless such referral is prohibited by a court of competent jurisdiction or the youth is determined by a court of competent jurisdiction to be a danger to others.
(Pub. L. 99–570, title IV, § 4219, Oct. 27, 1986, 100 Stat. 3207–147; Pub. L. 100–690, title II, § 2210, Nov. 18, 1988, 102 Stat. 4219.)
heading: Amendments
text: 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).
31 U.S.C. § 3355 (MONEY AND FINANCE)
§ 3355. Improving recovery of improper payments
The Director of the Office of Management and Budget shall determine—
(1) current and historical rates and amounts of recovery of improper payments, or, in cases in which improper payments are identified solely on the basis of a sample, recovery rates and amounts estimated on the basis of the applicable sample, including a list of executive agency recovery audit contract programs and specific information of amounts and payments recovered by recovery audit contractors; and
(2) targets for recovering improper payments, including specific information on amounts and payments recovered by recovery audit contractors.
(Added Pub. L. 116–117, § 2(a), Mar. 2, 2020, 134 Stat. 130.)
31 U.S.C. § 3356 (MONEY AND FINANCE)
§ 3356. Improving the use of data by executive agencies for curbing improper payments
(a) Prompt Reporting of Death Information by the Department of State and the Department of Defense.—
The procedure required to be established under section 7(a) of the Improper Payments Elimination and Recovery Improvement Act of 2012, as in effect on the day before the date of enactment of this section—
(1) shall continue to be in effect on and after the date of enactment of this section; and
(2) may be modified as determined appropriate by the Director of the Office of Management and Budget.
(b) Prompt Reporting of Death Information by the Department of Veterans Affairs and the Office of Personnel Management.—
Not later than 1 year after the date of enactment of this section, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall establish a procedure under which the Secretary and the Director—
(1) shall promptly and on a regular basis submit information relating to the deaths of individuals, including stopped payments data as applicable, to each executive agency for which the Director of the Office of Management and Budget determines receiving and using such information would be relevant and necessary; and
(2) to facilitate the centralized access of death data for the use of reducing improper payments, may identify additional Federal sources of death data and direct the data owner to provide that data to 1 or more executive agencies for that purpose.
(c) Guidance to Executive Agencies Regarding Data Access and Use for Improper Payments Purposes.—
The guidance required to be issued under section 7(b) of the Improper Payments Elimination and Recovery Improvement Act of 2012, as in effect on the day before the date of enactment of this section—
(1) shall continue to be in effect on and after the date of enactment of this section; and
(2) may be modified as determined appropriate by the Director of the Office of Management and Budget.
(Added Pub. L. 116–117, § 2(a), Mar. 2, 2020, 134 Stat. 130.)
heading: References in Text
text: Section 7 of the Improper Payments Elimination and Recovery Improvement Act of 2012, referred to in subsecs. (a) and (c), is section 7 of Pub. L. 112–248, formerly set out in a note under 3321 of this title, prior to repeal by Pub. L. 116–117, § 3(a)(3), Mar. 2, 2020, 134 Stat. 133.
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 116–117, which was approved Mar. 2, 2020.
31 U.S.C. § 3357 (MONEY AND FINANCE)
§ 3357. Financial and administrative controls relating to fraud and improper payments
(a) Definition.—
In this section, the term “agency” has the meaning given the term in section 551 of title 5.
(b) Guidelines.—
The guidelines required to be established under section 3(a) of the Fraud Reduction and Data Analytics Act of 2015, as in effect on the day before the date of enactment of this section—
(1) shall continue to be in effect on and after the date of enactment of this section; and
(2) may be periodically modified by the Director of the Office of Management and Budget, in consultation with the Comptroller General of the United States, as the Director and Comptroller General may determine necessary.
(c) Requirements for Controls.—
The guidelines described in subsection (b) shall include—
(1) conducting an evaluation of fraud risks and using a risk-based approach to design and implement financial and administrative control activities to mitigate identified fraud risks;
(2) collecting and analyzing data from reporting mechanisms on detected fraud to monitor fraud trends and using that data and information to continuously improve fraud prevention controls; and
(3) using the results of monitoring, evaluation, audits, and investigations to improve fraud prevention, detection, and response.
(d) Report.—
For each of fiscal years 2019 and 2020, each agency shall submit to Congress, as part of the annual financial report of the agency, a report of the agency on—
(1) implementing—
(A) the financial and administrative controls described in subsection (b);
(B) the fraud risk principle in the Standards for Internal Control in the Federal Government published by the Government Accountability Office (commonly known as the “Green Book”); and
(C) Office of Management and Budget Circular A–123, or any successor thereto, with respect to the leading practices for managing fraud risk;
(2) identifying risks and vulnerabilities to fraud, including with respect to payroll, beneficiary payments, grants, large contracts, and purchase and travel cards; and
(3) establishing strategies, procedures, and other steps to curb fraud.
(Added Pub. L. 116–117, § 2(a), Mar. 2, 2020, 134 Stat. 131.)
heading: References in Text
text: Section 3(a) of the Fraud Reduction and Data Analytics Act of 2015, referred to in subsec. (b), is section 3(a) of Pub. L. 114–186, June 30, 2016, 130 Stat. 546, formerly set out in a note under 3321 of this title, prior to repeal by Pub. L. 116–117, § 3(a)(4), Mar. 2, 2020, 134 Stat. 133.
The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 116–117, which was approved Mar. 2, 2020.
31 U.S.C. § 3358 (MONEY AND FINANCE)
§ 3358. Interagency working group for Governmentwide payment integrity improvement
(a) Working Group.—
(1) Establishment.—
Not later than 90 days after the date of enactment of this section, there is established an interagency working group on payment integrity—
(A) to improve—
(i) State-administered Federal programs to determine eligibility processes and data sharing practices;
(ii) the guidelines described in section 3357(b) and other best practices and techniques for detecting, preventing, and responding to improper payments, including improper payments that are the result of fraud; and
(iii) the sharing and development of data analytics techniques to help prevent and identify potential improper payments, including those that are the result of fraud; and
(B) to identify any additional activities that will improve payment integrity of Federal programs.
(2) Composition.—
The interagency working group established under paragraph (1) shall be composed of—
(A) the Director of the Office of Management and Budget;
(B) 1 representative from each of the agencies described in paragraphs (1) and (2) of section 901(b) of this title; and
(C) any other representatives of other executive agencies determined appropriate by the Director of the Office of Management and Budget, which may include the Chief Information Officer, the Chief Procurement Officer, the Chief Risk Officer, or the Chief Operating Officer of an executive agency.
(b) Consultation.—
The working group established under subsection (a)(1) may consult with Offices of Inspectors General and Federal and non-Federal experts on fraud risk assessments, administrative controls over payment integrity, financial controls, and other relevant matters.
(c) Meetings.—
The working group established under subsection (a)(1) shall hold not fewer than 4 meetings per year.
(d) Report.—
Not later than 240 days after the date of enactment of this section, the working group established under subsection (a)(1) shall submit to Congress a report that includes—
(1) a plan containing tangible solutions to prevent and reduce improper payments; and
(2) a plan for State agencies to work with Federal agencies to regularly review lists of beneficiaries of State-managed Federal programs for duplicate enrollment between States, including how the Do Not Pay Business Center and the data analytics initiative of the Department of the Treasury could aid in the detection of duplicate enrollment.
(Added Pub. L. 116–117, § 2(a), Mar. 2, 2020, 134 Stat. 132.)
heading: References in Text
text: The date of enactment of this section, referred to in subsecs. (a)(1) and (d), is the date of enactment of Pub. L. 116–117, which was approved Mar. 2, 2020.
31 U.S.C. § 3562 (MONEY AND FINANCE)
§ 3562. Disposition of recovered funds
(a) Availability of Funds for Recovery Audits and Activities Program.—
Funds collected under a program carried out by an executive agency under section 3352(i) of this title shall be available to the executive agency to reimburse the actual expenses incurred by the executive agency in the administration of the program.
[(b) , (c). Repealed. Pub. L. 111–204, § 2(h)(6)(A)(i), July 22, 2010, 124 Stat. 2231.]
(Added Pub. L. 107–107, div. A, title VIII, § 831(a)(1), Dec. 28, 2001, 115 Stat. 1187; Pub. L. 111–204, § 2(h)(6)(A), July 22, 2010, 124 Stat. 2231; Pub. L. 116–117, § 3(b)(4), Mar. 2, 2020, 134 Stat. 134.)
heading: Amendments
text: Subsec. (a). Pub. L. 116–117 substituted “section 3352(i)” for “section 3561” and “agency to reimburse” for “agency for the following purposes: (1) To reimburse”, and struck out par. (2) which read: “To pay contractors for services under the program in accordance with the guidance issued under section 3561(c)(5) of this title.”
2010—Pub. L. 111–204 repealed section but provided that subsec. (a) was to continue in effect, with certain exceptions. See Codification note above. Prior to amendment, in addition to subsec. (a), section contained subsecs. (b) and (c) which related to treatment of funds not used for program under section 3561 of this title and priority of other authorized dispositions, respectively.
47 U.S.C. § 641 (TELECOMMUNICATIONS)
§ 641. Definitions
In this subchapter:
(1) Broadband internet access service
The term “broadband internet access service” has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(2) Broadband map
The term “Broadband Map” means the map created by the Commission under section 642(c)(1)(A) of this title.
(3) Cell edge probability
The term “cell edge probability” means the likelihood that the minimum threshold download and upload speeds with respect to broadband internet access service will be met or exceeded at a distance from a base station that is intended to indicate the ultimate edge of the coverage area of a cell.
(4) Cell loading
The term “cell loading” means the percentage of the available air interface resources of a base station that are used by consumers with respect to broadband internet access service.
(5) Clutter
The term “clutter” means a natural or man-made surface feature that affects the propagation of a signal from a base station.
(6) Fabric
The term “Fabric” means the Broadband Serviceable Location Fabric established under section 642(b)(1)(B) of this title.
(7) Form 477
The term “Form 477” means Form 477 of the Commission relating to local telephone competition and broadband reporting.
(8) Indian Tribe
The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 5304 of title 25.
(9) Mobility Fund Phase II
The term “Mobility Fund Phase II” means the second phase of the proceeding to provide universal service support from the Mobility Fund (WC Docket No. 10–90; WT Docket No. 10–208).
(10) Propagation model
The term “propagation model” means a mathematical formulation for the characterization of radio wave propagation as a function of frequency, distance, and other conditions.
(11) Provider
The term “provider” means a provider of fixed or mobile broadband internet access service.
(12) Quality of service
The term “quality of service” means, with respect to broadband internet access service, the download and upload speeds (and, for relevant services, latency) with respect to that service, as determined by, and to the extent otherwise collected by, the Commission.
(13) Shapefile
The term “shapefile” means a digital storage format containing geospatial or location-based data and attribute information—
(A) regarding the availability of broadband internet access service; and
(B) that can be viewed, edited, and mapped in geographic information system software.
(14) Standard broadband installation
The term “standard broadband installation”—
(A) means the initiation by a provider of fixed broadband internet access service in an area in which the provider has not previously offered that service, with no charges or delays attributable to the extension of the network of the provider; and
(B) includes the initiation of fixed broadband internet access service through routine installation that can be completed not later than 10 business days after the date on which the service request is submitted.
(June 19, 1934, ch. 652, title VIII, § 801, as added Pub. L. 116–130, § 2, Mar. 23, 2020, 134 Stat. 228.)
47 U.S.C. § 643 (TELECOMMUNICATIONS)
§ 643. Enforcement
It shall be unlawful for an entity or individual to willfully and knowingly, or recklessly, submit information or data under this subchapter that is materially inaccurate or incomplete with respect to the availability of broadband internet access service or the quality of service with respect to broadband internet access service.
(June 19, 1934, ch. 652, title VIII, § 803, as added Pub. L. 116–130, § 2, Mar. 23, 2020, 134 Stat. 236.)
47 U.S.C. § 645 (TELECOMMUNICATIONS)
§ 645. Cost
(a) USF
The Commission may not use funds from the universal service programs of the Commission established under section 254 of this title, and the regulations issued under that section, to pay for any costs associated with this subchapter.
(b) Other funds
The Commission may recover costs associated with this subchapter under section 159 of this title to the extent provided for in an appropriation Act, as required under subsection (a) of that section.
(June 19, 1934, ch. 652, title VIII, § 805, as added Pub. L. 116–130, § 2, Mar. 23, 2020, 134 Stat. 238.)
47 U.S.C. § 646 (TELECOMMUNICATIONS)
§ 646. Other provisions
(a) OMB
Notwithstanding any other provision of law, the initial rule making required under section 642(a)(1) of this title shall be exempt from review by the Office of Management and Budget.
(b) PRA
Subchapter I of chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”) shall not apply to the initial rule making required under section 642(a)(1) of this title.
(c) Execution of responsibilities
Except, with respect to an entity that is not the Universal Service Administrative Company, as provided in section 642(a)(2)(B) of this title, section 642(b)(1)(A)(ii) of this title, and subsections (c), (d), and (e) of section 644 of this title, the Commission—
(1) including the offices of the Commission, shall carry out the responsibilities assigned to the Commission under this subchapter; and
(2) may not delegate any of the responsibilities assigned to the Commission under this subchapter to any third party, including the Universal Service Administrative Company.
(d) Reporting
Each fiscal year, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that summarizes the implementation of this subchapter and associated enforcement activities conducted during the previous fiscal year.
(e) Rule of construction
If the Commission, before March 23, 2020, has taken an action that, in whole or in part, implements this subchapter, the Commission shall not be required to revisit such action to the extent that such action is consistent with this subchapter.
(June 19, 1934, ch. 652, title VIII, § 806, as added Pub. L. 116–130, § 2, Mar. 23, 2020, 134 Stat. 238.)
47 U.S.C. § 1602 (TELECOMMUNICATIONS)
§ 1602. Prohibition on use of certain Federal subsidies
(a) In general
(1) Prohibition
A Federal subsidy that is made available through a program administered by the Commission and that provides funds to be used for the capital expenditures necessary for the provision of advanced communications service may not be used to—
(A) purchase, rent, lease, or otherwise obtain any covered communications equipment or service; or
(B) maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained.
(2) Timing
Paragraph (1) shall apply with respect to any covered communications equipment or service beginning on the date that is 60 days after the date on which the Commission places such equipment or service on the list required by section 1601(a) of this title. In the case of any covered communications equipment or service that is on the initial list published under such section, such equipment or service shall be treated as being placed on the list on the date on which such list is published.
(b) Completion of proceeding
Not later than 180 days after March 12, 2020, the Commission shall adopt a Report and Order to implement subsection (a). If the Commission has, before March 12, 2020, taken action that in whole or in part implements subsection (a), the Commission is not required to revisit such action, but only to the extent such action is consistent with this section.
(Pub. L. 116–124, § 3, Mar. 12, 2020, 134 Stat. 159.)