Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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description: "Establishing and acquiring corporations"
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title_name: "MONEY AND FINANCE"
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---
# 31 U.S.C. § 9102 - Establishing and acquiring corporations
## Text
An agency may establish or acquire a corporation to act as an agency only by or under a law of the United States specifically authorizing the action.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 1042.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 910231:869(a).Dec. 6, 1945, ch. 557, § 304(a), 59 Stat. 602. The word “agency” is substituted for “officer or agency of the Federal Government or by any Government corporation” and “agency or instrumentality of the United States” because of section 101 of the revised title, for consistency, and because a Government corporation is an “instrumentality of the United States Government”. The word “establish” is substituted for “created, organized” to eliminate unnecessary words. The words “on or after December 6, 1945” are omitted as executed. The words “law of the United States” are substituted for “Act of Congress” for consistency.
@@ -0,0 +1,49 @@
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title: "31 U.S.C. § 9103"
description: "Budgets of wholly owned Government corporations"
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title_number: 31
title_name: "MONEY AND FINANCE"
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# 31 U.S.C. § 9103 - Budgets of wholly owned Government corporations
## Text
(a) Each wholly owned Government corporation shall prepare and submit each year to the President a business-type budget in a way, and before a date, the President prescribes by regulation for the budget program.
(b) The budget program for each wholly owned Government corporation shall—
(1) contain estimates of the financial condition and operations of the corporation for the current and following fiscal years and the condition and results of operations in the last fiscal year;
(2) contain statements of financial condition, income and expense, and sources and use of money, an analysis of surplus or deficit, and additional statements and information to make known the financial condition and operations of the corporation, including estimates of operations by major activities, administrative expenses, borrowings, the amount of United States Government capital that will be returned to the Treasury during the fiscal year, and appropriations needed to restore capital impairments; and
(3) provide for emergencies and contingencies and otherwise be flexible so that the corporation may carry out its activities.
(c) The President shall submit the budget programs submitted by wholly owned Government corporations (as changed by the President) as part of the budget submitted to Congress under section 1105 of this title. The President thereafter may submit changes in a budget program of a corporation at any time.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 1042.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 9103(a)31:847(1st sentence).Dec. 6, 1945, ch. 557, § 102, 59 Stat. 598; Sept. 12, 1950, ch. 946, § 105, 64 Stat. 834. 9103(b)31:847(2dlast sentences). 9103(c)31:848.Dec. 6, 1945, ch. 557, § 103, 59 Stat. 598. In subsection (a), the word “President” is substituted for “Office of Management and Budget” because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words “in a way, and before a date, the President prescribes by regulation for the budget program” are substituted for “under such rules and regulations as the President may establish as to the date of submission, the form and content, the classifications of data, and the manner in which such budget program shall be prepared and presented” to eliminate unnecessary words. In subsection (b), before clause (1), the words “budget program” are substituted for “budget program shall be a business-type budget, or plan of operation” for consistency and to eliminate unnecessary words. In clause (1), the words “actual” and “completed” are omitted as surplus. In clause (2), the words “as are necessary or desirable”, “types of”, “together with”, and “funds” are omitted as surplus. In clause (3), the words “as authorized by law” are omitted as surplus. In subsection (c), the words “as changed” are substituted for “as modified, amended, or revised” to eliminate unnecessary words. The word “submit” is substituted for “transmitted” for consistency. The word “annual” is omitted as surplus. The word “thereafter” is added for clarity. The text of 31:848 (last par.) is omitted as unnecessary.
@@ -0,0 +1,55 @@
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title_name: "MONEY AND FINANCE"
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# 31 U.S.C. § 9104 - Congressional action on budgets of wholly owned Government corporations
## Text
(a) Congress shall—
(1) consider budget programs for wholly owned Government corporations the President submits;
(2) make necessary appropriations authorized by law;
(3) make corporate financial resources available for operating and administrative expenses; and
(4) provide for repaying capital and the payment of dividends.
(b) This section does not—
(1) prevent a wholly owned Government corporation from carrying out or financing its activities as authorized under another law;
(2) affect section 26 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831y); or
(3) affect the authority of a wholly owned Government corporation to make a commitment without fiscal year limitation.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 1043.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 9104(a)31:849(1st sentence).Dec. 6, 1945, ch. 557, § 104, 59 Stat. 598; restated July 30, 1947, ch. 358, § 307, 61 Stat. 584. 9104(b)31:849(2d, last sentences). In subsection (a), the words “budget programs for wholly owned Government corporations” are substituted for “Budget programs” for clarity and consistency. The words “legislation . . . be enacted”, “as may be”, “for expenditure”, “corporate funds or other”, “or limiting the use thereof”, “as the Congress may determine”, and “funds” are omitted as surplus. In subsection (b), the word “existing” is omitted as surplus. In clause (1), the word “another” is added for clarity. In clause (3), the words “contracts or other” and “reference to” are omitted as surplus.
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title_name: "MONEY AND FINANCE"
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# 31 U.S.C. § 9105 - Audits
## Text
(a) (1) The financial statements of Government corporations shall be audited by the Inspector General of the corporation appointed under chapter 4 of title 5, or under other Federal law, or by an independent external auditor, as determined by the Inspector General or, if there is no Inspector General, by the head of the corporation.
(2) Audits under this section shall be conducted in accordance with applicable generally accepted government auditing standards.
(3) Upon completion of the audit required by this subsection, the person who audits the statement shall submit a report on the audit to the head of the Government corporation, to the Chairman of the Committee on Government Operations of the House of Representatives, and to the Chairman of the Committee on Governmental Affairs of the Senate.
(4) The Comptroller General of the United States—
(A) may review any audit of a financial statement conducted under this subsection by an Inspector General or an external auditor;
(B) shall report to the Congress, the Director of the Office of Management and Budget, and the head of the Government corporation which prepared the statement, regarding the results of the review and make any recommendation the Comptroller General of the United States considers appropriate; and
(C) may audit a financial statement of a Government corporation at the discretion of the Comptroller General or at the request of a committee of the Congress.
An audit the Comptroller General performs under this paragraph shall be in lieu of the audit otherwise required by paragraph (1) of this subsection. Prior to performing such audit, the Comptroller General shall consult with the Inspector General of the agency which prepared the statement.
(5) A Government corporation shall reimburse the Comptroller General of the United States for the full cost of any audit conducted by the Comptroller General under this subsection, as determined by the Comptroller General. All reimbursements received under this paragraph by the Comptroller General of the United States shall be deposited in the Treasury as miscellaneous receipts.
(b) Upon request of the Comptroller General of the United States, a Government corporation shall provide to the Comptroller General of the United States all books, accounts, financial records, reports, files, workpapers, and property belonging to or in use by the Government corporation and its auditor that the Comptroller General of the United States considers necessary to the performance of any audit or review under this section.
(c) Activities of the Comptroller General of the United States under this section are in lieu of any audit of the financial transactions of a Government corporation that the Comptroller General is required to make under any other law.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 1043; Pub. L. 10086, title IV, § 403, Aug. 10, 1987, 101 Stat. 609; Pub. L. 100233, title VII, § 703, Jan. 6, 1988, 101 Stat. 1706; Pub. L. 100399, title VI, § 602, Aug. 17, 1988, 102 Stat. 1006; Pub. L. 10173, title V, § 511(b)(2), Aug. 9, 1989, 103 Stat. 406; Pub. L. 101576, title III, § 305, Nov. 15, 1990, 104 Stat. 2853; Pub. L. 10382, title II, § 202(e)(2), Sept. 21, 1993, 107 Stat. 888; Pub. L. 117286, § 4(b)(58), Dec. 27, 2022, 136 Stat. 4349.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 9105(a)31:850(1st sentence 1st16th, 30th46th words, 4thlast sentences).Dec. 6, 1945, ch. 557, § 105, 59 Stat. 599; Aug. 30, 1964, Pub. L. 88518, § 2(a), 78 Stat. 698; Jan. 2, 1975, Pub. L. 93604, § 601(a), 88 Stat. 1962. 31:857(1st sentence 1st26th, 39thlast words, 4thlast sentences).Dec. 6, 1945, ch. 557, § 202, 59 Stat. 600; Aug. 30, 1964, Pub. L. 88518, § 1(a), 78 Stat. 698; Jan. 2, 1975, Pub. L. 93604, § 601(c), 88 Stat. 1962. 9105(b)31:866(a)(last proviso), (b).Dec. 6, 1945, ch. 557, § 301, 59 Stat. 601. 9105(c)31:850(1st sentence 17th29th words, 2d, 3d sentences). 31:857(1st sentence 27th38th words, 2d, 3d sentences). 9105(d)31:850(1st sentence proviso). 9105(e)31:866(a)(words before 1st comma, 1st proviso), (d). 9105(f)31:866(c). 9105(g)31:866(a)(words between 1st comma and 1st proviso). In the section, the words “Comptroller General” are substituted for “General Accounting Office” for consistency. In subsection (a), the words “rules and . . . of the United States” are omitted as surplus. The words “United States” are added for consistency. The text of 31:850(4th sentence) and 857(4th sentence) and the words “Effective July 1, 1974” are omitted as executed. In subsection (b)(1), the words “pursuant to law” are omitted as surplus. In subsection (b)(2), the words “may make a contract” are substituted for “is authorized in his discretion to employ by contract” to eliminate unnecessary words. In subsection (c), before clause (1), the words “at the place or places” and “of the respective corporations” are omitted as surplus. The words “A Government corporation shall” are added for clarity. In clause (1), the words “make available . . . for audit all records” are substituted for “The representatives of . . . shall have access to all books, accounts, financial records, reports, files, and all other papers” for consistency and because of the restatement. The words “things, or” are omitted because they are included in “property”. In clause (2), the word “full” is omitted as surplus. Subsection (d) is substituted for 31:850(1st sentence proviso words before 7th comma) because of the restatement. In subsection (e), the words “The Comptroller General shall pay the cost of an audit” are substituted for “The expenses of auditing the financial transactions of wholly owned and mixed-ownership Government corporations as provided in sections 850 and 857 of this title shall be borne out of appropriations to the General Accounting Office” to eliminate unnecessary words. The words “full” and “otherwise . . . funds of any . . . be used to . . . of the offices” are omitted as surplus. The words “except the cost of such audits contracted for and undertaken prior to April 25, 1945” are omitted as executed. Subsection (g) is substituted for 31:866(a)(words between 1st comma and 1st proviso) for clarity and consistency.
Editorial Notes
Amendments2022—Subsec. (a)(1). Pub. L. 117286 substituted “chapter 4 of title 5,” for “the Inspector General Act of 1978 (5 U.S.C. App.),”. 1993—Subsec. (a)(1). Pub. L. 10382 inserted “, or under other Federal law,” before “or by an independent”. 1990—Pub. L. 101576 amended section generally. Prior to amendment, section required Comptroller General to audit financial transactions of Government corporations at least once every 3 years, the Federal Savings and Loan Insurance Corporation and Federal home loan banks each year, the Federal Asset Disposition Association and the Federal Agricultural Mortgage Corporation as necessary; suggested that Comptroller General in conducting an audit use reports of examinations of Government corporation by supervising administrative agency and authorized Comptroller General to contract for professional services; required audits to be conducted consistent with principles and procedures applicable to commercial corporate transactions; set forth responsibility for payment of audit cost, and authorized appropriations. 1989—Subsec. (a)(2). Pub. L. 10173 struck out “Federal Savings and Loan Insurance Corporation and” after “The Comptroller General shall audit the” and inserted sentence at end requiring the Comptroller General to audit the Resolution Funding Corporation annually. 1988—Subsec. (a)(4). Pub. L. 100399 substituted “Corporation” for “Association” in subpar. (B)(i). Pub. L. 100233 added par. (4). 1987—Subsec. (a)(3). Pub. L. 10086 added par. (3).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 10414, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 1993 AmendmentAmendment by Pub. L. 10382 effective Oct. 1, 1993, see section 202(i) of Pub. L. 10382, set out as an Effective Date note under section 12651 of Title 42, The Public Health and Welfare.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100399 effective as if enacted immediately after enactment of Pub. L. 100233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100399, set out as a note under section 2002 of Title 12, Banks and Banking.
Deposit of Funds Reimbursed to Comptroller General to Appropriation of Government Accountability OfficePub. L. 10657, title II, Sept. 29, 1999, 113 Stat. 426, as amended by Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814, provided in part: “That notwithstanding 31 U.S.C. 9105 hereafter amounts reimbursed to the Comptroller General pursuant to that section shall be deposited to the appropriation of the Government Accountability Office then available and remain available until expended”. Similar provisions were contained in the following prior appropriation acts: Pub. L. 105275, title II, Oct. 21, 1998, 112 Stat. 2450. Pub. L. 10555, title II, Oct. 7, 1997, 111 Stat. 1196. Pub. L. 104197, title II, Sept. 16, 1996, 110 Stat. 2411. Pub. L. 10453, title II, Nov. 19, 1995, 109 Stat. 534. Pub. L. 103283, title II, July 22, 1994, 108 Stat. 1440.
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# 31 U.S.C. § 9106 - Management reports
## Text
(a) (1) A Government corporation shall submit an annual management report to the Congress not later than 180 days after the end of the Government corporations fiscal year.
(2) A management report under this subsection shall include—
(A) a statement of financial position;
(B) a statement of operations;
(C) a statement of cash flows;
(D) a reconciliation to the budget report of the Government corporation, if applicable;
(E) a statement on internal accounting and administrative control systems by the head of the management of the corporation, consistent with the requirements for agency statements on internal accounting and administrative control systems under the amendments made by the Federal Managers Financial Integrity Act of 1982 (Public Law 97255);
(F) the report resulting from an audit of the financial statements of the corporation conducted under section 9105 of this title; and
(G) any other comments and information necessary to inform the Congress about the operations and financial condition of the corporation.
(b) A Government corporation shall provide the President, the Director of the Office of Management and Budget, and the Comptroller General of the United States a copy of the management report when it is submitted to Congress.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 1044; Pub. L. 101576, title III, § 306(a), Nov. 15, 1990, 104 Stat. 2854.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 9106(a)31:851(1st3d sentences).Dec. 6, 1945, ch. 557, § 106, 59 Stat. 599; Aug. 30, 1964, Pub. L. 88518, § 2(b), 78 Stat. 698; Jan. 2, 1975, Pub. L. 93604, § 601(b), 88 Stat. 1962. 31:858(1st3d sentences).Dec. 6, 1945, ch. 557, § 203, 59 Stat. 600; Aug. 30, 1964, Pub. L. 88518, § 1(b), 78 Stat. 698; Jan. 2, 1975, Pub. L. 93604, § 601(d), 88 Stat. 1963. 9106(b)31:851(last sentence). 31:858(last sentence). In subsection (a), before clause (1), the words “of a Government corporation” are added for clarity. In clause (5), the words “program, expenditure, or other”, “observed in the course of the audit”, and “of law” are omitted as surplus. In clause (6), the word “statement” is substituted for “report” for consistency. The words “noted in the audit” are omitted as surplus. The word “made” is substituted for “accomplished” for consistency. In clause (7), the word “other” is added for clarity because of the restatement. The words “with respect thereto” are omitted as surplus. In subsection (b), the words “The Comptroller General” are added for clarity.
Editorial Notes
References in TextThe Federal Managers Financial Integrity Act of 1982, referred to in subsec. (a)(2)(E), is Pub. L. 97255, Sept. 8, 1982, 96 Stat. 814, which added subsec. (d) to section 66a of former Title 31, Money and Finance. Section 66a of former Title 31 was repealed by Pub. L. 97258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof as section 3512 of this title. Provisions relating to statements on internal accounting and administrative control systems are restated in section 3512(d)(2) and (3) of this title.
Amendments1990—Pub. L. 101576 substituted “Management” for “Audit” in section catchline and amended text of section generally. Prior to amendment, section read as follows: “(a) The Comptroller General shall submit to Congress a report on each audit of a Government corporation under section 9105 of this title not later than 6.5 months after the end of the last year covered by the audit. The report shall state the scope of the audit and include— “(1) a statement (showing intercorporate relations) of assets, liabilities, capital, and surplus or deficit; “(2) a statement of surplus or deficit analysis; “(3) a statement of income and expenditures; “(4) a statement of sources and the use of money; “(5) specifically each financial transaction or undertaking the Comptroller General believes was carried out or made without authority of law; “(6) comments and information the Comptroller General considers necessary to keep Congress informed about the operations and financial condition of the Government corporation, including a statement of impaired capital noticed and recommendations for the return of capital of the United States Government or the payment of dividends the Comptroller General believes should be made; and “(7) other recommendations the Comptroller General considers advisable. “(b) The Comptroller General shall give the President, the Secretary of the Treasury, and the Government corporation a copy of the report when it is submitted to Congress.”
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# 31 U.S.C. § 9107 - Accounts
## Text
(a) With the approval of the Comptroller General, a Government corporation may consolidate its cash into an account if the cash will be expended as provided by law.
(b) The Secretary of the Treasury shall keep the accounts of a Government corporation. If the Secretary approves, a Federal reserve bank or a bank designated as a depositary or fiscal agent of the United States Government may keep the accounts. The Secretary may waive the requirements of this subsection.
(c) (1) Subsection (b) of this section does not apply to maintaining a temporary account of not more than $50,000 in one bank.
(2) Subsection (b) of this section does not apply to a mixed-ownership Government corporation when the corporation has no capital of the Government.
(3) Subsection (b) of this section does not apply to the Federal Intermediate Credit Banks, the Central Bank for Cooperatives, the Regional Banks for Cooperatives, or the Federal Land Banks. However, the head of each of those banks shall report each year to the Secretary the names of depositaries where accounts are kept. If the Secretary considers it advisable when an annual report is received, the Secretary may make a written report to the corporation, the President, and Congress.
(Pub. L. 97258, §§ 1, 2(l)(2), Sept. 13, 1982, 96 Stat. 1044, 1062; Pub. L. 97452, § 1(27), Jan. 12, 1983, 96 Stat. 2478.)
## Notes
Historical and Revision Notes 1982 Act Revised SectionSource (U.S. Code)Source (Statutes at Large) 9107(a)31:870.Aug. 24, 1949, ch. 506, § 309, 63 Stat. 662. 9107(b)31:867(1st sentence less last proviso).Dec. 6, 1945, ch. 577, § 302, 59 Stat. 601; July 26, 1956, ch. 741, § 201(a)(4), 70 Stat. 667; Aug. 20, 1978, Pub. L. 95351, § 301(b), 92 Stat. 514; Aug. 13, 1981, Pub. L. 9735, § 396(h)(2), 95 Stat. 440. 9107(c)(1)31:867(1st sentence last proviso). 9107(c)(2)31:868(d)(1st sentence related to 31:867).Dec. 6, 1945, ch. 577, § 303(d)(1st sentence related to § 302), 59 Stat. 602. 9107(c)(3)31:867(last sentence). In subsection (a), the words “After June 30, 1949” are omitted as executed. The words “Government corporation” are substituted for “corporations or agencies subject to this chapter” because of section 9101(1) of the revised title. The words “notwithstanding the provisions of any other law”, “or more . . . for banking and checking purposes”, and “including amounts appropriated, from whatever source derived” are omitted as surplus. The words “if the cash will be expended as provided by law” are substituted for 31:870(proviso) to eliminate unnecessary words. In subsections (b) and (c), the words “banking or checking” are omitted as surplus. In subsection (b), the words “Secretary of the Treasury” are substituted for “Treasurer of the United States” because of the source provisions restated in section 321(c) of the revised title. The words “wholly owned and mixed-ownership” and “under such conditions as he may determine” are omitted as surplus. In subsection (c)(1), the words “establishment and” and “in any one bank” are omitted as surplus. In subsection (c)(3), the words “head of each” are added for consistency.
1983 ActThis amends 31:9107(c)(3) and 9108(d)(2) because the National Consumer Cooperative Bank is no longer a mixed-ownership Government corporation. Section 396(h)(2) and (3) and (i) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 9735, 95 Stat. 440) provided that references to the Bank in sections 302 and 303(d)(2d sentence) of the Government Corporation Control Act would be deleted on the day after the Final Government Equity Redemption Date. Section 501(36) of the Act of December 23, 1981 (Pub. L. 97101, 95 Stat. 1440), provided that the Redemption Date was December 31, 1981.
Editorial Notes
Amendments1983—Subsec. (c)(3). Pub. L. 97452 struck out “the National Consumer Cooperative Bank,” after “Regional Banks for Cooperatives,” which had already been struck out by Pub. L. 97258. See 1982 Amendment note below. 1982—Subsec. (c)(3). Pub. L. 97258, § 2(l)(2), struck out “the National Consumer Cooperative Bank,” after “Regional Banks for Cooperatives,”.
Statutory Notes and Related Subsidiaries
Effective Date of 1983 AmendmentAmendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97452, set out as a note under section 3331 of this title.
Effective Date of 1982 AmendmentPub. L. 97258, § 2(l), Sept. 13, 1982, 96 Stat. 1062, provided that the amendment made by such section is effective Jan. 1, 1982.
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# 31 U.S.C. § 9108 - Obligations
## Text
(a) Before a Government corporation issues obligations and offers obligations to the public, the Secretary of the Treasury shall prescribe—
(1) the form, denomination, maturity, interest rate, and conditions to which the obligations will be subject;
(2) the way and time the obligations are issued; and
(3) the price for which the obligations will be sold.
(b) A Government corporation may buy or sell a direct obligation of the United States Government, or an obligation on which the principal, interest, or both, is guaranteed, of more than $100,000 only when the Secretary approves the purchase or sale. The Secretary may waive the requirement of this subsection under conditions the Secretary may decide.
(c) The Secretary may designate an officer or employee of an agency to carry out this section if the head of the agency agrees.
(d) (1) This section does not apply to a mixed-ownership Government corporation when the corporation has no capital of the Government.
(2) Subsections (a) and (b) of this section do not apply to the Federal Intermediate Credit Banks, the Central Bank for Cooperatives, the Regional Banks for Cooperatives, and the Federal Land Banks. However, the head of each of those banks shall consult with the Secretary before taking action of the kind described in subsection (a) or (b). If agreement is not reached, the Secretary may make a written report to the corporation, the President, and Congress on the reasons for the Secretarys disagreement.
(Pub. L. 97258, §§ 1, 2(l)(2), Sept. 13, 1982, 96 Stat. 1045, 1062; Pub. L. 97452, § 1(27), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 115334, title VI, § 6602(b)(20), Dec. 20, 2018, 132 Stat. 4777.)
## Notes
Historical and Revision Notes 1982 Act Revised SectionSource (U.S. Code)Source (Statutes at Large) 9108(a)31:868(a).Dec. 6, 1945, ch. 557, § 303(less (d)(1st sentence related to § 302)), 59 Stat. 601; July 26, 1956, ch. 741, § 201(a)(4), 70 Stat. 667; May 7, 1971, Pub. L. 9212, § 5, 85 Stat. 37; Aug. 20, 1978, Pub. L. 95351, § 301(c), 92 Stat. 514; Aug. 13, 1981, Pub. L. 9735, § 396(h)(3), 95 Stat. 441. 9108(b)31:868(b). 9108(c)31:868(c). 9108(d)31:868(d)(less 1st sentence related to 31:867). In subsections (a) and (b), the words “on or after December 6, 1945” are omitted as executed. The words “wholly owned or mixed-ownership” are omitted because of section 9101(1) of the revised title. In subsection (a), before clause (1), the word “Before” is substituted for “which are” for clarity. The words “bonds, notes, debentures, and other similar” are omitted as surplus. The words “as have been” are omitted as executed. In clause (1), the words “terms and” are omitted as surplus. The restatement of the source provisions does not affect other existing laws. In subsection (b), the word “Government” is added for consistency. The words “for its own account and in its own right and interest, at any one time aggregating” and “his approval with respect to any transaction or classes of transactions subject to the provisions of . . . for such period of time and” are omitted as surplus. In subsection (c), the word “agency” is substituted for “Federal agency” because of section 101 of the revised title. The words “any of the functions vested in him by” and “for such purpose” are omitted as surplus. In subsection (d)(2), the words “(when the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a)))” are added because of 7:943(c) and 950(a). The words “head of each” are added for consistency. The words “be required to” are omitted as surplus.
1983 ActThis amends 31:9107(c)(3) and 9108(d)(2) because the National Consumer Cooperative Bank is no longer a mixed-ownership Government corporation. Section 396(h)(2) and (3) and (i) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 9735, 95 Stat. 440) provided that references to the Bank in sections 302 and 303(d)(2d sentence) of the Government Corporation Control Act would be deleted on the day after the Final Government Equity Redemption Date. Section 501(36) of the Act of December 23, 1981 (Pub. L. 97101, 95 Stat. 1440), provided that the Redemption Date was December 31, 1981.
Editorial Notes
Amendments2018—Subsec. (d)(2). Pub. L. 115334 struck out “the Rural Telephone Bank (when the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a))),” after “do not apply to”. 1983—Subsec. (d)(2). Pub. L. 97452 struck out “the National Consumer Cooperative Bank,” after “the Regional Banks for Cooperatives,” which had already been struck out by Pub. L. 97258. See 1982 Amendment note below. 1982—Subsec. (d)(2). Pub. L. 97258, § 2(l)(2), struck out “the National Consumer Cooperative Bank,” after “Regional Banks for Cooperatives,”.
Statutory Notes and Related Subsidiaries
Effective Date of 1983 AmendmentAmendment by Pub. L. 97452 effective Sept. 13, 1982, see section 2(i) of Pub. L. 97452, set out as a note under section 3331 of this title.
Effective Date of 1982 AmendmentPub. L. 97258, § 2(l), Sept. 13, 1982, 96 Stat. 1062, provided that the amendment made by such section is effective Jan. 1, 1982.
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# 31 U.S.C. § 9109 - Exclusion of a wholly owned Government corporation from this chapter
## Text
When the President considers it practicable and in the public interest, the President shall include in the budget submitted to Congress under section 1105 of this title a recommendation that a wholly owned Government corporation be deemed to be an agency (except a corporation) under chapter 11 of this title and for fiscal matters. If Congress approves the recommendation, the corporation is deemed to be an agency (except a corporation) under chapter 11 and for fiscal matters for fiscal years beginning after the fiscal year of approval and is not subject to this chapter. The corporate entity is not affected by this section.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 1045.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 910931:852.Dec. 6, 1945, ch. 577, § 107, 59 Stat. 599. The word “President” is substituted for “Director of the Office of Management and Budget” because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words “with the approval of the President” are omitted because of the restatement. The word “considers” is substituted for “deemed” for consistency. The words “in connection with the budget program of such corporation” are omitted as surplus. The words “submitted to Congress under section 1105 of this title” are added for clarity. The words “deemed to be” are substituted for “treated . . . as if it were” for consistency. The word “agency” is substituted for “Government agency” and “establishment” because of section 101 of the revised title and for consistency. The words “if it were”, “appropriations, expenditures, receipts, accounts, and other”, and “in connection with the budget program for any fiscal year” are omitted as surplus. The words “deemed to be” are substituted for “regarded as” for consistency.
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# 31 U.S.C. § 9110 - Standards for depository institutions holding securities of a Government-sponsored corporation for customers
## Text
(a) The Secretary shall prescribe by regulation standards for the safeguarding and use of obligations that are government securities described in subparagraph (B) or (C) of section 3(a)(42) of the Securities Exchange Act of 1934. 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.
(b) Violation of a regulation prescribed under subsection (a) shall constitute adequate basis for the issuance of an order under section 5239(a) or (b) of the Revised Statutes (12 U.S.C. 93(a) or (b)), section 8(b) or 8(c) of the Federal Deposit Insurance Act, section 5(d)(2) or 5(d)(3) 11 See References in Text note below. of the Home Owners Loan Act of 1933, section 407(e) or 407(f) 1 of the National Housing Act, or section 206(e) or 206(f) of the Federal Credit Union Act. Such an order may be issued with respect to a depository institution by its appropriate regulatory agency and with respect to a federally insured credit union by the National Credit Union Administration.
(c) Nothing in this section shall be construed to affect in any way the powers of such agencies under any other provision of law.
(d) The Secretary shall, prior to adopting regulations under this section, determine with respect to each appropriate regulatory agency and the National Credit Union Administration Board, whether its rules and standards adequately meet the purposes of regulations to be promulgated under this section, and if the Secretary so determines, shall exempt any depository institution subject to such rules or standards from the regulations promulgated under this section.
(e) As used in this subsection—
(1) “depository institution” has the meaning stated in clauses (i) through (vi) of section 19(b)(1)(A) of the Federal Reserve Act and also includes a foreign bank, an agency or branch of a foreign bank, and a commercial lending company owned or controlled by a foreign bank (as such terms are defined in the International Banking Act of 1978).
(2) “government securities broker” has the meaning prescribed in section 3(a)(43) of the Securities Exchange Act of 1934.
(3) “government securities dealer” has the meaning prescribed in section 3(a)(44) of the Securities Exchange Act of 1934.
(4) “appropriate regulatory agency” has the meaning prescribed in section 3(a)(34)(G) of the Securities Exchange Act of 1934.
(Added Pub. L. 99571, title II, § 201(b)(1), Oct. 28, 1986, 100 Stat. 3223; amended Pub. L. 103272, § 4(f)(1)(AA), July 5, 1994, 108 Stat. 1363.)
## Notes
Editorial Notes
References in TextSection 3(a)(34)(G), (42)(B), (C), (43), (44) of the Securities Exchange Act of 1934, referred to in subsecs. (a) and (e)(2)(4), is classified to section 78c(a)(34)(G), (42)(B), (C), (43), (44) of Title 15, Commerce and Trade. Section 8(b) or 8(c) of the Federal Deposit Insurance Act, referred to in subsec. (b), is classified to section 1818(b), (c) of Title 12, Banks and Banking. Section 5(d)(2) or 5(d)(3) of the Home Owners Loan Act of 1933, referred to in subsec. (b), is classified to section 1464(d)(2), (3) of Title 12, but was amended generally by Pub. L. 10173, title III, § 301, Aug. 9, 1989, 103 Stat. 282, and no longer relates to issuance of orders. See section 1464(d)(1) of Title 12. Section 407 of the National Housing Act, referred to in subsec. (b), which was classified to section 1730 of Title 12, was repealed by Pub. L. 10173, title IV, § 407, Aug. 9, 1989, 103 Stat. 363. Section 206(e) or 206(f) of the Federal Credit Union Act, referred to in subsec. (b), is classified to section 1786(e), (f) of Title 12. Clauses (i) through (vi) of subparagraph [section] 19(b)(1)(A) of the Federal Reserve Act, referred to in subsec. (e)(1), are classified to section 461(b)(1)(A)(i) to (vi) of Title 12. The International Banking Act of 1978, referred to in subsec. (e)(1), is Pub. L. 95369, Sept. 17, 1978, 92 Stat. 607, which enacted chapter 32 (§ 3101 et seq.) and sections 347d and 611a of Title 12, Banks and Banking, amended sections 72, 378, 614, 615, 618, 619, 1813, 1815, 1817, 1818, 1820, 1821, 1822, 1823, 1828, 1829b, 1831b, and 1841 of Title 12, and enacted provisions set out as notes under sections 36, 247, 601, 611a, and 3101 of Title 12. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 12 and Tables.
Amendments1994—Subsec. (e)(1). Pub. L. 103272 substituted “section” for “subparagraph”.
Statutory Notes and Related Subsidiaries
Effective Date; Promulgation of RegulationsSection effective 270 days after Oct. 28, 1986, except that the Secretary of the Treasury and each appropriate regulatory agency shall publish for notice and public comment within 120 days after Oct. 28, 1986, initial implementing regulations to become effective as temporary regulations 210 days after Oct. 28, 1986, and as final regulations not later than 270 days after Oct. 28, 1986, see title IV of Pub. L. 99571, set out as a note under section 78o5 of Title 15, Commerce and Trade.
Transitional and Savings ProvisionsFor transitional and savings provisions of Pub. L. 99571, see section 301 of Pub. L. 99571, set out as a note under section 78o5 of Title 15, Commerce and Trade.