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31 U.S.C. § 3728 (MONEY AND FINANCE)
§ 3728. Setoff against judgment
(a) The Secretary of the Treasury shall withhold paying that part of a judgment against the United States Government presented to the Secretary that is equal to a debt the plaintiff owes the Government.
(b) The Secretary shall—
(1) discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or
(2)
(A) withhold payment of an additional amount the Secretary decides will cover legal costs of bringing a civil action for the debt if the plaintiff denies the debt or does not agree to the setoff; and
(B) have a civil action brought if one has not already been brought.
(c) If the Government loses a civil action to recover a debt or recovers less than the amount the Secretary withholds under this section, the Secretary shall pay the plaintiff the balance and interest of 6 percent for the time the money is withheld.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 977; Pub. L. 104–316, title II, § 202(p), Oct. 19, 1996, 110 Stat. 3844.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3728(a)
31:227(1st sentence words before semicolon).
Mar. 3, 1875, ch. 149, 18 Stat. 481; restated Mar. 3, 1933, ch. 212, § 13, 47 Stat. 1516.
3728(b)
31:227(1st sentence words after semicolon, 2d, 3d sentences).
3728(c)
31:227(last sentence).
In the section, the words “of the United States” are omitted as unnecessary.
In subsection (a), the words “final . . . recovered . . . duly allowed by legal authority”, “for payment”, and “in any manner, whether as principal or surety” are omitted as surplus.
In subsection (b)(1), the words “due from the plaintiff to the United States” are omitted as surplus.
In subsection (b)(2)(A), the words “of such judgment”, “be sufficient to”, and “charges and” are omitted as surplus. The words “of bringing a civil action” are substituted for “in prosecuting the debt” for consistency in the revised title and with other titles of the United States Code. The words “of the United States to final judgment” and “to the United States” are omitted as surplus.
Subsection (b)(2)(B) is substituted for 31:227(3d sentence) for consistency and to eliminate unnecessary words.
In subsection (c), the words “for debt and costs”, “thereon”, and “from the plaintiff” are omitted as surplus.
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–316, § 202(p)(1), (2), substituted “Secretary of the Treasury” for “Comptroller General” before “shall withhold” and “Secretary” for “Comptroller General” after “presented to the”.
Subsecs. (b), (c). Pub. L. 104–316, § 202(p)(2), substituted “Secretary” for “Comptroller General” wherever appearing.
31 U.S.C. § 3732 (MONEY AND FINANCE)
§ 3732. False claims jurisdiction
(a) Actions Under Section 3730.—
Any action under section 3730 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by section 3729 occurred. A summons as required by the Federal Rules of Civil Procedure shall be issued by the appropriate district court and served at any place within or outside the United States.
(b) Claims Under State Law.—
The district courts shall have jurisdiction over any action brought under the laws of any State for the recovery of funds paid by a State or local government if the action arises from the same transaction or occurrence as an action brought under section 3730.
(c) Service on State or Local Authorities.—
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.
(Added Pub. L. 99–562, § 6(a), Oct. 21, 1986, 100 Stat. 3158; amended Pub. L. 111–21, § 4(e), May 20, 2009, 123 Stat. 1625.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
heading: Amendments
text: 2009—Subsec. (c). Pub. L. 111–21 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2009 Amendment
text: Amendment by Pub. L. 111–21 effective May 20, 2009, and applicable to conduct on or after May 20, 2009, except that this section, as amended by Pub. L. 111–21, applicable to cases pending on May 20, 2009, see section 4(f) of Pub. L. 111–21, set out as a note under section 3729 of this title.
31 U.S.C. § 3808 (MONEY AND FINANCE)
§ 3808. Limitations
(a) A hearing under section 3803(d)(2) of this title with respect to a claim or statement shall be commenced within 6 years after the date on which such claim or statement is made, presented, or submitted.
(b) A civil action to recover a penalty or assessment under section 3806 of this title shall be commenced within 3 years after the date on which the determination of liability for such penalty or assessment becomes final.
(c) If at any time during the course of proceedings brought pursuant to this chapter the authority head receives or discovers any specific information regarding bribery, gratuities, conflict of interest, or other corruption or similar activity in relation to a false claim or statement, the authority head shall immediately report such information to the Attorney General, and in the case of an authority in which an Office of Inspector General is established by the Inspector General Act of 1978 or by any other Federal law, to the Inspector General of that authority.
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1947.)
heading: Editorial Notes
heading: References in Text
text: The Inspector General Act of 1978, referred to in subsec. (c), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
31 U.S.C. § 3809 (MONEY AND FINANCE)
§ 3809. Regulations
Within 180 days after the date of enactment of this chapter, each authority head shall promulgate rules and regulations necessary to implement the provisions of this chapter. Such rules and regulations shall—
(1) ensure that investigating officials and reviewing officials are not responsible for conducting the hearing required in section 3803(f) of this title, making the determinations required by subsections (f) and (h) of section 3803 of this title, or making collections under section 3806 of this title; and
(2) require a reviewing official to include in any notice required by section 3803(a)(2) of this title a statement which specifies that the reviewing official has determined that there is a reasonable prospect of collecting, from a person with respect to whom the reviewing official is referring allegations of liability in such notice, the amount for which such person may be liable.
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1947.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this chapter, referred to in text, means the date of enactment of Pub. L. 99–509 which was approved Oct. 21, 1986.
31 U.S.C. § 3904 (MONEY AND FINANCE)
§ 3904. Limitations on discount payments
The head of an agency offered a discount by a business concern from an amount due under a contract for property or service in exchange for payment within a specified time may pay the discounted amount only if payment is made within the specified time. For the purpose of the preceding sentence, the specified time shall be determined from the date of the invoice. The head of the agency shall pay an interest penalty on an amount remaining unpaid in violation of this section. The penalty accrues as provided under sections 3902 and 3903 of this title, except that the required payment date for the unpaid amount is the last day specified in the contract that the discounted amount may be paid.
(Added Pub. L. 97–452, § 1(18)(A), Jan. 12, 1983, 96 Stat. 2476; amended Pub. L. 100–496, § 8, Oct. 17, 1988, 102 Stat. 2460.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3904
31 App.:1802.
May 21, 1982, Pub. L. 97–177, § 3, 96 Stat. 86.
The word “otherwise” is omitted as surplus. The words “may pay the discounted amount” are substituted for “may make payment in an amount equal to the discounted price” to eliminate unnecessary words. The words “on such unpaid amount” and “the regulations prescribed pursuant to” are omitted as surplus. The words “specified in the contract that the discounted amount may be paid” are substituted for “of the specified period of time described in subsection (a)” for clarity.
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–496 inserted after first sentence “For the purpose of the preceding sentence, the specified time shall be determined from the date of the invoice.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–496 applicable to payments under contracts awarded, contracts renewed, and contract options exercised during or after the first fiscal quarter which begins more than 90 days after Oct. 17, 1988, see section 14(a) of Pub. L. 100–496, set out as a note under section 3902 of this title.
31 U.S.C. § 3907 (MONEY AND FINANCE)
§ 3907. Relationship to other laws
(a) A claim for an interest penalty not paid under this chapter may be filed under section 7103 of title 41.
(b)
(1) An interest penalty under this chapter does not continue to accrue—
(A) after a claim for a penalty is filed under chapter 71 of title 41; or
(B) for more than one year.
(2) Paragraph (1) of this subsection does not prevent an interest penalty from accruing under section 7109(a)(1) and (b) of title 41 after a penalty stops accruing under this chapter. A penalty accruing under section 7109(a)(1) and (b) may accrue on an unpaid contract payment and on the unpaid penalty under this chapter.
(c) Except as provided in section 3904 of this title, this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to chapter 71 of title 41.
(Added Pub. L. 97–452, § 1(18)(A), Jan. 12, 1983, 96 Stat. 2477, § 3906; renumbered § 3907, Pub. L. 100–496, § 9(a)(1), Oct. 17, 1988, 102 Stat. 2460; amended Pub. L. 111–350, § 5(h)(8), Jan. 4, 2011, 124 Stat. 3849.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3906(a)
31 App.:1803(a)(1).
May 21, 1982, Pub. L. 97–177, § 4, 96 Stat. 87.
3906(b)
31 App.:1803(a)(2), (3).
3906(c)
31 App.:1803(b).
In the section, the words “be construed to” are omitted as surplus.
In subsection (a), the words “not paid under this chapter” are substituted for “which a Federal agency has failed to pay in accordance with the requirements of section 2 or 3 of this chapter” to eliminate unnecessary words.
In subsection (b)(2), the word “accruing” is added for clarity. The word “both” is omitted as surplus.
In subsection (c), the words “with respect to disputes concerning discounts”, “by the required payment date”, and “other allegations concerning” are omitted as surplus.
heading: Editorial Notes
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 111–350, § 5(h)(8)(A), substituted “section 7103 of title 41” for “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)”.
Subsec. (b)(1)(A). Pub. L. 111–350, § 5(h)(8)(B), substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)”.
Subsec. (b)(2). Pub. L. 111–350, § 5(h)(8)(C), substituted “section 7109(a)(1) and (b) of title 41” for “section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)” and “section 7109(a)(1) and (b) may” for “section 12 may”.
Subsec. (c). Pub. L. 111–350, § 5(h)(8)(D), substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)”.
1988—Pub. L. 100–496 renumbered section 3906 of this title as this section.
31 U.S.C. § 5102 (MONEY AND FINANCE)
§ 5102. Standard weight
The standard troy pound of the National Institute of Standards and Technology of the Department of Commerce shall be the standard used to ensure that the weight of United States coins conforms to specifications in section 5112 of this title.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
5102
31:364.
R.S. § 3548; restated Mar. 4, 1911, ch. 268, § 1, 36 Stat. 1354.
The words “National Bureau of Standards of the Department of Commerce” are substituted for “Bureau of Standards of the United States” because of 15:1511. The words “troy pound of the mint of the United States, conformably to which the coinage thereof shall be regulated” are omitted as unnecessary because of the restatement. The word “ensure” is substituted for “securing” as being more precise. The words “specifications in section 5112 of this title” are substituted for “the provisions of the laws relating to coinage” because of the restatement.
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
31 U.S.C. § 5103 (MONEY AND FINANCE)
§ 5103. Legal tender
United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980; Pub. L. 97–452, § 1(19), Jan. 12, 1983, 96 Stat. 2477.)
text: Historical and Revision Notes
1982 Act
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
5103
31:392.
July 23, 1965, Pub. L. 89–81, § 102, 79 Stat. 255.
31:456.
R.S. § 3584.
The words “All . . . regardless of when coined or issued” are omitted as unnecessary because of the restatement. The word “debts” is substituted for “debts, public and private” to eliminate unnecessary words. The words “public charges, taxes, duties, and dues” are omitted as included in “debts”.
heading: 1983 Act
text: This restores to 31:5103 the reference to public charges, taxes, and dues because they are not considered to be debts. See, Hagar v. Reclamation District No. 108, 111 U.S. 701, 706 (1884).
heading: Editorial Notes
heading: Amendments
text: 1983—Pub. L. 97–452 inserted “, public charges, taxes, and dues” after “all debts”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1983 Amendment
text: Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97–452, set out as a note under section 3331 of this title.
31 U.S.C. § 5113 (MONEY AND FINANCE)
§ 5113. Tolerances and testing of coins
(a) The Secretary of the Treasury may prescribe reasonable manufacturing tolerances for specifications in section 5112 of this title (except for specifications that are limits) for the dollar, half dollar, quarter dollar, and dime coins. The weight of the 5-cent coin may vary not more than 0.194 gram. The weight of the one-cent coin may vary not more than 0.13 gram. Any gold coin issued under section 5112 of this title shall contain the full weight of gold stated on the coin.
(b) The Secretary shall keep a record of the kind, number, and weight of each group of coins minted and test a number of the coins separately to determine if the coins conform to the weight specified in section 5112(a) of this title. If the coins tested do not conform, the Secretary—
(1) shall weigh each coin of the group separately and deface the coins that do not conform and cast them into bars for reminting; or
(2) may remelt the group of coins.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 983; Pub. L. 100–274, § 4(b), Mar. 31, 1988, 102 Stat. 50.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
5113(a)
31:350.
R.S. § 3537; Sept. 26, 1890, ch. 945, § 1, 26 Stat. 485.
31:398(5).
July 23, 1965, Pub. L. 89–81, § 108(5), 79 Stat. 255.
5113(b)
31:351.
R.S. § 3538; Aug. 23, 1912, ch. 350, § 1(last par. words before 7th comma under heading “Assay Office at Salt Lake City, Utah”), 37 Stat. 384.
In subsection (a), the words “for the dollar, half dollar, quarter dollar, and dime coins” are added because of the restatement. The words “0.194 gram” are substituted for “three grains”, and the words “0.13 gram” are substituted for “two grains”, for consistency in the revised chapter.
In subsection (b), before clause (1), the words “Secretary shall keep a record of the kind, number, and weight of each group of coins minted” are substituted for 31:351(1st sentence) because of the source provisions restated in section 321(c) of the revised title. In clause (1), the words “deface the coins that do not conform and cast them into bars for reminting” are substituted for “shall be defaced and delivered to the superintendent of melting and refining department as standard bullion, to be again formed into ingots and recoined” for consistency in the revised chapter and to eliminate unnecessary words. In clause (2), the words “if more convenient” are omitted as surplus.
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–274 inserted at end “Any gold coin issued under section 5112 of this title shall contain the full weight of gold stated on the coin.”
31 U.S.C. § 5143 (MONEY AND FINANCE)
§ 5143. Payment for services
The Secretary of the Treasury shall impose charges for Bureau of Engraving and Printing services the Secretary provides to an agency or to a foreign government under section 5114. The charges shall be in amounts the Secretary considers adequate to cover the costs of the services (including administrative and other costs related to providing the services). The agency shall pay promptly bills submitted by the Secretary, and the Secretary shall take such action, in coordination with the Secretary of State, as may be appropriate to ensure prompt payment by a foreign government of any invoice or statement of account submitted by the Secretary with respect to services rendered under section 5114.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 991; Pub. L. 108–458, title VI, § 6301(b), Dec. 17, 2004, 118 Stat. 3748.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
5143
31:181.
Aug. 4, 1950, ch. 558, § 1, 64 Stat. 408.
The word “costs” is substituted for “direct and indirect costs” to eliminate unnecessary words. The words “shall make payment therefor” are omitted as unnecessary because of the restatement. The words “from funds available to it for such purposes” are omitted as surplus.
heading: Editorial Notes
heading: Amendments
text: 2004—Pub. L. 108–458 inserted “or to a foreign government under section 5114” after “provides to an agency”, “and other” after “including administrative”, and “, and the Secretary shall take such action, in coordination with the Secretary of State, as may be appropriate to ensure prompt payment by a foreign government of any invoice or statement of account submitted by the Secretary with respect to services rendered under section 5114” before period at end.
31 U.S.C. § 5154 (MONEY AND FINANCE)
§ 5154. State taxation
A State or a territory or possession of the United States may tax United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) as money on hand or on deposit in the same way and at the same rate that the State, territory, or possession taxes other forms of money. This section does not affect a law taxing national banks.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 992; Pub. L. 97–452, § 1(22), Jan. 12, 1983, 96 Stat. 2477.)
text: Historical and Revision Notes
1982 Act
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
5154
31:425, 426.
Aug. 13, 1894, ch. 281, 28 Stat. 278.
The words “United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks)” are substituted for “Circulating notes of national banking associations and United States legal tender notes and other notes and certificates of the United States payable on demand and circulating or intended to circulate as currency and gold, silver, or other coin” in 31:425 to eliminate unnecessary words and for consistency with section 5103 of the revised title.
heading: 1983 Act
text: This restates 31:5154 to clarify the intent of the section. See 26 Cong. Rec. 7152, 7170 (1894).
heading: Editorial Notes
heading: Amendments
text: 1983—Pub. L. 97–452 substituted “other forms of money” for “United States coins and currency circulating within its jurisdiction”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1983 Amendment
text: Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97–452, set out as a note under section 3331 of this title.