Legislación
US (United States) Code. Title 31. Subtitle VI: Miscellaneous. Chapter 19: Government Corporations
-CITE-
31 USC CHAPTER 91 - GOVERNMENT CORPORATIONS 01/06/03
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
CHAPTER 91 - GOVERNMENT CORPORATIONS
-MISC1-
Sec.
9101. Definitions.
9102. Establishing and acquiring corporations.
9103. Budgets of wholly owned Government corporations.
9104. Congressional action on budgets of wholly owned
Government corporations.
9105. Audits.
9106. Management reports.
9107. Accounts.
9108. Obligations.
9109. Exclusion of a wholly owned Government corporation
from this chapter.
9110. Standards for depository institutions holding
securities of a Government-sponsored corporation for
customers.
AMENDMENTS
1990 - Pub. L. 101-576, title III, Sec. 306(b), Nov. 15, 1990,
104 Stat. 2854, substituted "Management" for "Audit".
1986 - Pub. L. 99-571, title II, Sec. 201(b)(2), Oct. 28, 1986,
100 Stat. 3224, added item 9110.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 3501, 3515, 3516 of this
title; title 2 section 651; title 5 sections 4101, 8147; title 7
section 943; title 12 sections 1438, 1723a, 1789, 2293; title 15
sections 713a-4, 714c; title 16 sections 450ss-3, 698v-4, 838i;
title 20 section 1082; title 22 sections 290f, 290h-6, 2199, 2395,
3611, 3612a, 3721; title 38 section 7806; title 40 sections 113,
522, 581, 582, 583, 602; title 41 section 403; title 42 sections
292j, 1437h, 4124; title 45 section 741; title 49 section 44308;
title 50 App. section 1941g.
-End-
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31 USC Sec. 9101 01/06/03
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TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9101. Definitions
-STATUTE-
In this chapter -
(1) "Government corporation" means a mixed-ownership Government
corporation and a wholly owned Government corporation.
(2) "mixed-ownership Government corporation" means -
(A) the Central Bank for Cooperatives.
(B) the Federal Deposit Insurance Corporation.
(C) the Federal Home Loan Banks.
(D) the Federal Intermediate Credit Banks.
(E) the Federal Land Banks.
(F) the National Credit Union Administration Central
Liquidity Facility.
(G) the Regional Banks for Cooperatives.
(H) 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)).
(I) the Financing Corporation.
(J) the Resolution Trust Corporation.
(K) the Resolution Funding Corporation.
(3) "wholly owned Government corporation" means -
(A) the Commodity Credit Corporation.
(B) the Community Development Financial Institutions Fund.
(C) the Export-Import Bank of the United States.
(D) the Federal Crop Insurance Corporation.
(E) Federal Prison Industries, Incorporated.
(F) the Corporation for National and Community Service.
(G) the Government National Mortgage Association.
(H) the Overseas Private Investment Corporation.
(I) the Pennsylvania Avenue Development Corporation.
(J) the Pension Benefit Guaranty Corporation.
(K) the Rural Telephone Bank until 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)).
(L) the Saint Lawrence Seaway Development Corporation.
(M) the Secretary of Housing and Urban Development when
carrying out duties and powers related to the Federal Housing
Administration Fund.
(N) the Tennessee Valley Authority.
[(O) Repealed. Pub. L. 104-134, title III, Sec. 3117(a), Apr.
26, 1996, 110 Stat. 1321-350.]
(P) the Panama Canal Commission.
-SOURCE-
(Pub. L. 97-258, Secs. 1, 2(l)(1), Sept. 13, 1982, 96 Stat. 1041,
1062; Pub. L. 97-452, Sec. 1(26), Jan. 12, 1983, 96 Stat. 2478;
Pub. L. 100-86, title III, Sec. 303, Aug. 10, 1987, 101 Stat. 597;
Pub. L. 101-73, title III, Sec. 307(e), title V, Secs. 501(d),
511(b)(1), Aug. 9, 1989, 103 Stat. 353, 394, 406; Pub. L. 102-486,
title IX, Sec. 902(b), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
103-82, title II, Sec. 202(e)(1), Sept. 21, 1993, 107 Stat. 888;
Pub. L. 103-272, Sec. 4(f)(1)(Z), July 5, 1994, 108 Stat. 1363;
Pub. L. 103-325, title I, Sec. 104(e), Sept. 23, 1994, 108 Stat.
2168; Pub. L. 104-106, div. C, title XXXV, Sec. 3530, Feb. 10,
1996, 110 Stat. 642; Pub. L. 104-127, title VII, Sec. 722(b), Apr.
4, 1996, 110 Stat. 1115; Pub. L. 104-134, title III, Sec. 3117(a),
Apr. 26, 1996, 110 Stat. 1321-350; Pub. L. 104-287, Sec. 4(2), Oct.
11, 1996, 110 Stat. 3388; Pub. L. 105-134, title IV, Sec.
415(d)(2), Dec. 2, 1997, 111 Stat. 2590; Pub. L. 107-171, title VI,
Sec. 6201(d)(6), May 13, 2002, 116 Stat. 419.)
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HISTORICAL AND REVISION NOTES
1982 ACT
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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9101(1) (no source).
9101(2) 31:856. Dec. 6, 1945, ch. 557, Sec.
201, 59 Stat. 600; July 26,
1956, ch. 741, Sec. 201(a)(2),
(3), 70 Stat. 667; Oct. 30,
1970, Pub. L. 91-518, Sec.
804, 84 Stat. 1340; May 7,
1971, Pub. L. 92-12, Sec. 4,
85 Stat. 37; Jan. 2, 1974,
Pub. L. 93-236, Secs.
202(g)(1), 301(f) (last
sentence), 87 Stat. 992, 1005;
Feb. 5, 1976, Pub. L. 94-210,
Sec. 612(b), 90 Stat. 108;
Aug. 20, 1978, Pub. L. 95-351,
Sec. 301(a), 92 Stat. 513;
Nov. 10, 1978, Pub. L. 95-630,
Sec. 1805, 92 Stat. 3724; Aug.
13, 1981, Pub. L. 97-35, Sec.
396(h)(1), 95 Stat. 440.
9101(3) 31:846. Dec. 6, 1945, ch. 577, Sec.
101, 59 Stat. 597; Aug. 10,
1948, ch. 832, Sec.
501(b)(less proviso), 62 Stat.
1283; June 30, 1949, ch. 285,
Sec. 13, 63 Stat. 356; May 13,
1954, ch. 201, Sec. 6, 68
Stat. 95; July 26, 1956, ch.
741, Sec. 201(a)(1), 70 Stat.
667; June 30, 1958, Pub. L.
85-477, Sec. 502(c), 72 Stat.
272; Oct. 4, 1961, Pub. L.
87-353, Sec. 3(u), 75 Stat.
774; May 25, 1967, Pub. L.
90-19, Sec. 4, 81 Stat. 20;
Aug. 1, 1968, Pub. L. 90-448,
Secs. 807(e), 1719(d), 82
Stat. 544, 610; Dec. 30, 1969,
Pub. L. 91-175, Sec. 501, 83
Stat. 825; Oct. 27, 1972, Pub.
L. 92-578, Sec. 15, 86 Stat.
1274; Sept. 2, 1974, Pub. L.
93-406, Sec. 4002(g)(3), 88
Stat. 1005.
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Clause (1) is included because a number of the provisions of the
chapter apply to mixed-ownership and wholly owned Government
corporations, and the term "Government corporation" provides a
simple phrase to refer to both of those kinds of corporations.
In clause (2)(A), "Amtrak" is substituted for "National Railroad
Passenger Corporation" to conform to section 103(1) of the Rail
Passenger Service Act (45 U.S.C. 502(1)).
In clause (2)(I), 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).
In clause (3), the words "Regional Agricultural Credit
Corporations" are omitted because the corporations were merged with
and liquidated by the Regional Agricultural Credit Corporation of
Washington, D.C., which was dissolved on April 16, 1949. The words
"Farmers Home Corporation" are omitted because the corporation
never was activated. The words "Federal Surplus Commodities
Corporation" are omitted because the corporation and the Division
of Marketing and Marketing Agreements were consolidated into the
Surplus Marketing Administration, which was merged into the
Agricultural Marketing Administration, which was dissolved on March
14, 1947. The words "Reconstruction Finance Corporation" are
omitted because the corporation was abolished on June 30, 1957. The
words "Defense Plant Corporation; Defense Supplies Corporation;
Metals Reserve Company; Rubber Reserve Company" are omitted because
the corporations and companies were dissolved on July 1, 1945. The
words "War Damage Corporation" are omitted because the corporation
was terminated on January 22, 1947. The words "the RFC Mortgage
Company" are omitted because the company was transferred to the
Reconstruction Finance Corporation, which was abolished on June 30,
1957. The words "Disaster Loan Corporation" are omitted because the
corporation was dissolved on July 1, 1945. The words "Inland
Waterways Corporation" are omitted because the corporation was
liquidated on July 19, 1963. The words "Warrior River Terminal
Company" are omitted because the company was transferred to the
Inland Waterways Corporation, which was liquidated on July 13,
1963. The words "Virgin Islands Corporation" are omitted because
the corporation was dissolved on July 1, 1966. The words "United
States Spruce Production Corporation" are omitted because the
corporation was dissolved on December 12, 1946. The words
"Institute of Inter-American Affairs" are omitted because the
institute was transferred to the Foreign Operations Administration,
which was abolished on May 9, 1955. The words "Institute of
Inter-American Transportation" are omitted because the institute
was dissolved August 24, 1949. The words "Inter-American
Educational Foundation, Incorporated" are omitted because the
foundation was succeeded by the Institute of Inter-American
Affairs, which was transferred to the Foreign Operations
Administration, which was abolished on May 9, 1955. The words
"Inter-American Navigation Corporation" are omitted because the
corporation was dissolved on February 25, 1947. The words
"Prencinradio, Incorporated" are omitted because Prencinradio,
Incorporated was dissolved May 10, 1949. The words "Cargoes,
Incorporated" are omitted because Cargoes, Incorporated was
dissolved April 30, 1945. The words "Export-Import Bank of the
United States" are substituted for "Export-Import Bank of
Washington" because of section 1(a) of the Act of March 13, 1968
(Pub. L. 90-267, 82 Stat. 47). The words "Petroleum Reserves
Corporation" are omitted because the corporation was transferred to
the Office of Economic Warfare, which was consolidated into the
Foreign Economic Administration, which was transferred to the
Reconstruction Finance Corporation and changed to the War Assets
Corporation. The War Assets Corporation was dissolved as soon as
practicable after March 25, 1946. The words "Rubber Development
Corporation" are omitted because the certificate of incorporation
expired on June 30, 1947. The words "U. S. Commercial Company" are
omitted because the company was liquidated after June 30, 1948. The
words "Smaller War Plants Corporation" are omitted because the
corporation was abolished on June 30, 1947. The words "Defense
Homes Corporation" are omitted because the corporation was
liquidated on June 30, 1948. The words "Home Owners' Loan
Corporation" are omitted because the corporation was dissolved on
February 3, 1954. The words "United States Housing Corporation" are
omitted because the corporation was terminated on September 8,
1952. The words "Panama Railroad Company" (subsequently changed to
"Panama Canal Company" by section 2(a)(2) of the Act of September
26, 1950 (ch. 1049, 64 Stat. 1038)), are omitted because of 22:ch.
51. The words "Tennessee Valley Associated Cooperatives,
Incorporated" are omitted because the corporation was dissolved on
January 18, 1950.
In clause (3)(J), the words "until 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). Clause (L) is substituted for the
"Federal Housing Administration" because of section 5 of the
Department of Housing and Urban Development Act (Pub. L. 89-174, 79
Stat. 669).
1983 ACT
This amends 31:9101(2) because the National Consumer Cooperative
Bank is no longer a mixed-ownership Government corporation. Section
396(h)(1) and (i) of the Omnibus Budget Reconciliation Act of 1981
(Pub. L. 97-35, 95 Stat. 440) provided that the Bank would cease
being a mixed-ownership Government corporation on the day after the
Final Government Equity Redemption Date. Section 501(36) of the Act
of December 23, 1981 (Pub. L. 97-101, 95 Stat. 1440), provided that
the Redemption Date was December 31, 1981.
AMENDMENTS
2002 - Par. (3)(Q). Pub. L. 107-171 struck out subpar. (Q) which
read: "the Alternative Agricultural Research and Commercialization
Corporation."
1997 - Par. (2). Pub. L. 105-134 redesignated subpars. (B) to (L)
as (A) to (K), respectively, and struck out former subpar. (A)
which read: "Amtrak."
1996 - Par. (2)(J) to (M). Pub. L. 104-287, Sec. 4(2)(A), (B),
redesignated subpars. (K) to (M) as (J) to (L), respectively, and
struck out former subpar. (J), which read: "the United States
Railway Association".
Par. (3)(B). Pub. L. 104-287, Sec. 4(2)(C), substituted a period
for the semicolon at end.
Par. (3)(N). Pub. L. 104-127, Sec. 722(b)(1), and Pub. L.
104-287, Sec. 4(2)(D), amended par. (3) identically, redesignating
subpar. (N), relating to Uranium Enrichment Corporation, as (O).
Par. (3)(O). Pub. L. 104-134, which directed the amendment of
par. (3) of this section by striking out subpar. (N) as added by
section 902(b) of Pub. L. 102-486, was executed by striking out
subpar. (O), to reflect the probable intent of Congress, because of
the redesignation of that subpar. (N) as (O) by section 722(b)(1)
of Pub. L. 104-127 and section 4(2)(D) of Pub. L. 104-287. Subpar.
(O) read as follows: "the Uranium Enrichment Corporation."
Pub. L. 104-127, Sec. 722(b)(1), and Pub. L. 104-287, Sec.
4(2)(D), amended par. (3) identically, redesignating subpar. (N),
relating to Uranium Enrichment Corporation, as (O).
Par. (3)(P). Pub. L. 104-106 added subpar. (P).
Par. (3)(Q). Pub. L. 104-127, Sec. 722(b)(2), added subpar. (Q).
1994 - Par. (2)(K). Pub. L. 103-272 substituted "the" for "The".
Par. (3)(B) to (N). Pub. L. 103-325 added subpar. (B) and
redesignated former subpars. (B) to (M) as (C) to (N),
respectively.
1993 - Par. (3)(E). Pub. L. 103-82 added subpar. (E).
1992 - Par. (3)(N). Pub. L. 102-486 added subpar. (N) relating to
the Uranium Enrichment Corporation.
1989 - Par. (2)(L). Pub. L. 101-73, Sec. 501(d), added subpar.
(L).
Par. (2)(M). Pub. L. 101-73, Sec. 511(b)(1), added subpar. (M).
Par. (3)(E). Pub. L. 101-73, Sec. 307(e), struck out subpar. (E)
relating to Federal Savings and Loan Insurance Corporation.
1987 - Par. (2)(K). Pub. L. 100-86 added subpar. (K).
1983 - Par. (2)(K). Pub. L. 97-452 struck out subpar. (K) which
had already been struck out by Pub. L. 97-258. See 1982 Amendment
note below.
1982 - Par. (2)(K). Pub. L. 97-258, Sec. 2(l)(1), struck out
subpar. (K) relating to National Consumer Cooperative Bank.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 3117(a) of Pub. L. 104-134 provided that the amendment
made by that section was to take effect as of the privatization
date [July 28, 1998]. For definition of that term, see section
2297h(9) of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
202(i) of Pub. L. 103-82, set out as an Effective Date note under
section 12651 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1983 AMENDMENT
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.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 2(l) of Pub. L. 97-258 provided that the amendment made
by that section is effective Jan. 1, 1982.
-TRANS-
DISSOLUTION OF PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
Pennsylvania Avenue Development Corporation dissolved on or
before Apr. 1, 1996, and assets, obligations, indebtedness, and
unobligated and unexpended balances of Corporation transferred, see
Pub. L. 92-578, Sec. 3, Oct. 27, 1972, 86 Stat. 1267, as amended,
which was classified to section 872 of former Title 40, Public
Buildings, Property, and Works, prior to repeal by Pub. L. 107-217,
Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304.
ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
FUNCTIONS
The United States Railway Association was abolished effective
Apr. 1, 1987, with all powers, duties, rights, and obligations of
Association relating to Consolidated Rail Corporation under the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.)
transferred to Secretary of Transportation on Jan. 1, 1987, and any
securities of Corporation held by Association transferred to
Secretary of Transportation on Oct. 21, 1986, see section 1341 of
Title 45, Railroads.
-MISC2-
COMPENSATION PRACTICES OF GOVERNMENT CORPORATIONS
For provisions relating to certain bonuses paid by
mixed-ownership and wholly owned corporations listed in pars. (2)
and (3) of this section, see Ex. Ord. No. 12976, Oct. 5, 1995, 60
F.R. 52829, set out as a note under section 4501 of Title 5,
Government Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1105, 1344, 1352 of this
title; title 2 sections 651, 1602; title 5 sections 2302, 8147;
title 7 section 943; title 12 sections 1757, 2293; title 16 section
838i; title 40 section 502; title 41 section 601.
-End-
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31 USC Sec. 9102 01/06/03
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TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9102. Establishing and acquiring corporations
-STATUTE-
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.
-SOURCE-
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1042.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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9102 31:869(a). Dec. 6, 1945, ch. 557, Sec.
304(a), 59 Stat. 602.
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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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 8 section 1363a; title 19
section 2081; title 26 section 7608.
-End-
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31 USC Sec. 9103 01/06/03
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TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9103. Budgets of wholly owned Government corporations
-STATUTE-
(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.
-SOURCE-
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1042.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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9103(a) 31:847(1st Dec. 6, 1945, ch. 557, Sec.
sentence). 102, 59 Stat. 598; Sept. 12,
1950, ch. 946, Sec. 105, 64
Stat. 834.
9103(b) 31:847(2d-last
sentences).
9103(c) 31:848. Dec. 6, 1945, ch. 557, Sec.
103, 59 Stat. 598.
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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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5134 of this title; title
12 section 1757; title 15 section 633; title 19 section 2081; title
26 section 7608; title 42 sections 295h-3d, 4017; title 48 section
1574b; title 49 section 5334.
-End-
-CITE-
31 USC Sec. 9104 01/06/03
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9104. Congressional action on budgets of wholly owned
Government corporations
-STATUTE-
(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.
-SOURCE-
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1043.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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9104(a) 31:849(1st Dec. 6, 1945, ch. 557, Sec.
sentence). 104, 59 Stat. 598; restated
July 30, 1947, ch. 358, Sec.
307, 61 Stat. 584.
9104(b) 31:849(2d, last
sentences).
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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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5134 of this title; title
5 sections 3109, 5721, 7903; title 15 section 633; title 41 section
5a; title 42 sections 295h-3d, 4017; title 44 section 309; title 48
section 1574b.
-End-
-CITE-
31 USC Sec. 9105 01/06/03
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9105. Audits
-STATUTE-
(a)(1) The financial statements of Government corporations shall
be audited by the Inspector General of the corporation appointed
under the Inspector General Act of 1978 (5 U.S.C. App.), 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.
-SOURCE-
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1043; Pub. L. 100-86,
title IV, Sec. 403, Aug. 10, 1987, 101 Stat. 609; Pub. L. 100-233,
title VII, Sec. 703, Jan. 6, 1988, 101 Stat. 1706; Pub. L. 100-399,
title VI, Sec. 602, Aug. 17, 1988, 102 Stat. 1006; Pub. L. 101-73,
title V, Sec. 511(b)(2), Aug. 9, 1989, 103 Stat. 406; Pub. L.
101-576, title III, Sec. 305, Nov. 15, 1990, 104 Stat. 2853; Pub.
L. 103-82, title II, Sec. 202(e)(2), Sept. 21, 1993, 107 Stat.
888.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
9105(a) 31:850(1st sentence Dec. 6, 1945, ch. 557, Sec.
1st-16th, 30th-46th 105, 59 Stat. 599; Aug. 30,
words, 4th-last 1964, Pub. L. 88-518, Sec.
sentences). 2(a), 78 Stat. 698; Jan. 2,
1975, Pub. L. 93-604, Sec.
601(a), 88 Stat. 1962.
31:857(1st sentence Dec. 6, 1945, ch. 557, Sec.
1st-26th, 39th-last 202, 59 Stat. 600; Aug. 30,
words, 4th-last 1964, Pub. L. 88-518, Sec.
sentences). 1(a), 78 Stat. 698; Jan. 2,
1975, Pub. L. 93-604, Sec.
601(c), 88 Stat. 1962.
9105(b) 31:866(a)(last Dec. 6, 1945, ch. 557, Sec.
proviso), (b). 301, 59 Stat. 601.
9105(c) 31:850(1st sentence
17th-29th words,
2d, 3d sentences).
31:857(1st sentence
27th-38th 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.
-REFTEXT-
REFERENCES IN TEXT
The Inspector General Act of 1978, referred to in subsec. (a)(1),
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.
-MISC2-
AMENDMENTS
1993 - Subsec. (a)(1). Pub. L. 103-82 inserted ", or under other
Federal law," before "or by an independent".
1990 - Pub. L. 101-576 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. 101-73 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. 100-399 substituted "Corporation"
for "Association" in subpar. (B)(i).
Pub. L. 100-233 added par. (4).
1987 - Subsec. (a)(3). Pub. L. 100-86 added par. (3).
-CHANGE-
CHANGE OF NAME
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.
104-14, 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.
-MISC3-
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
202(i) of Pub. L. 103-82, set out as an Effective Date note under
section 12651 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-399 effective as if enacted immediately
after enactment of Pub. L. 100-233, which was approved Jan. 6,
1988, see section 1001(a) of Pub. L. 100-399, set out as a note
under section 2002 of Title 12, Banks and Banking.
DEPOSIT OF FUNDS REIMBURSED TO COMPTROLLER GENERAL TO APPROPRIATION
OF GENERAL ACCOUNTING OFFICE
Pub. L. 106-57, title II, Sept. 29, 1999, 113 Stat. 426, 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 General Accounting
Office then available and remain available until expended".
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 105-275, title II, Oct. 21, 1998, 112 Stat. 2450.
Pub. L. 105-55, title II, Oct. 7, 1997, 111 Stat. 1196.
Pub. L. 104-197, title II, Sept. 16, 1996, 110 Stat. 2411.
Pub. L. 104-53, title II, Nov. 19, 1995, 109 Stat. 534.
Pub. L. 103-283, title II, July 22, 1994, 108 Stat. 1440.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9106 of this title; title
12 sections 1431, 1441, 1441a, 1441b, 1789, 4716; title 16 sections
450ss-3, 698v-4, 831n-4, 838i; title 22 section 3723.
-End-
-CITE-
31 USC Sec. 9106 01/06/03
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9106. Management reports
-STATUTE-
(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 corporation's 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 97-255);
(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.
-SOURCE-
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1044; Pub. L. 101-576,
title III, Sec. 306(a), Nov. 15, 1990, 104 Stat. 2854.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
9106(a) 31:851(1st-3d Dec. 6, 1945, ch. 557, Sec.
sentences). 106, 59 Stat. 599; Aug. 30,
1964, Pub. L. 88-518, Sec.
2(b), 78 Stat. 698; Jan. 2,
1975, Pub. L. 93-604, Sec.
601(b), 88 Stat. 1962.
31:858(1st-3d Dec. 6, 1945, ch. 557, Sec.
sentences). 203, 59 Stat. 600; Aug. 30,
1964, Pub. L. 88-518, Sec.
1(b), 78 Stat. 698; Jan. 2,
1975, Pub. L. 93-604, Sec.
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.
-REFTEXT-
REFERENCES IN TEXT
The Federal Managers' Financial Integrity Act of 1982, referred
to in subsec. (a)(2)(E), is Pub. L. 97-255, 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. 97-258, Sec. 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.
-MISC2-
AMENDMENTS
1990 - Pub. L. 101-576 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."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 16 sections 831n-4, 838i;
title 22 section 2199; title 42 section 12651d.
-End-
-CITE-
31 USC Sec. 9107 01/06/03
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9107. Accounts
-STATUTE-
(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.
-SOURCE-
(Pub. L. 97-258, Secs. 1, 2(l)(2), Sept. 13, 1982, 96 Stat. 1044,
1062; Pub. L. 97-452, Sec. 1(27), Jan. 12, 1983, 96 Stat. 2478.)
-MISC1-
HISTORICAL AND REVISION NOTES
1982 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
9107(a) 31:870. Aug. 24, 1949, ch. 506, Sec.
309, 63 Stat. 662.
9107(b) 31:867(1st sentence Dec. 6, 1945, ch. 577, Sec.
less last proviso). 302, 59 Stat. 601; July 26,
1956, ch. 741, Sec. 201(a)(4),
70 Stat. 667; Aug. 20, 1978,
Pub. L. 95-351, Sec. 301(b),
92 Stat. 514; Aug. 13, 1981,
Pub. L. 97-35, Sec. 396(h)(2),
95 Stat. 440.
9107(c)( 31:867(1st sentence
1) last proviso).
9107(c)( 31:868(d)(1st Dec. 6, 1945, ch. 577, Sec.
2) sentence related to 303(d)(1st sentence related to
31:867). Sec. 302), 59 Stat. 602.
9107(c)( 31:867(last
3) 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 ACT
This 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. 97-35, 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.
97-101, 95 Stat. 1440), provided that the Redemption Date was
December 31, 1981.
AMENDMENTS
1983 - Subsec. (c)(3). Pub. L. 97-452 struck out "the National
Consumer Cooperative Bank," after "Regional Banks for
Cooperatives," which had already been struck out by Pub. L. 97-258.
See 1982 Amendment note below.
1982 - Subsec. (c)(3). Pub. L. 97-258, Sec. 2(l)(2), struck out
"the National Consumer Cooperative Bank," after "Regional Banks for
Cooperatives,".
EFFECTIVE DATE OF 1983 AMENDMENT
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.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 2(l) of Pub. L. 97-258 provided that the amendment made
by such section is effective Jan. 1, 1982.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 12 sections 1431, 1441,
1441a, 1441b, 4703; title 49 section 5334.
-End-
-CITE-
31 USC Sec. 9108 01/06/03
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9108. Obligations
-STATUTE-
(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
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))), 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 Secretary's disagreement.
-SOURCE-
(Pub. L. 97-258, Secs. 1, 2(l)(2), Sept. 13, 1982, 96 Stat. 1045,
1062; Pub. L. 97-452, Sec. 1(27), Jan. 12, 1983, 96 Stat. 2478.)
-MISC1-
HISTORICAL AND REVISION NOTES
1982 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
9108(a) 31:868(a). Dec. 6, 1945, ch. 557, Sec.
303(less (d)(1st sentence
related to Sec. 302)), 59
Stat. 601; July 26, 1956, ch.
741, Sec. 201(a)(4), 70 Stat.
667; May 7, 1971, Pub. L.
92-12, Sec. 5, 85 Stat. 37;
Aug. 20, 1978, Pub. L. 95-351,
Sec. 301(c), 92 Stat. 514;
Aug. 13, 1981, Pub. L. 97-35,
Sec. 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 ACT
This 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. 97-35, 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.
97-101, 95 Stat. 1440), provided that the Redemption Date was
December 31, 1981.
AMENDMENTS
1983 - Subsec. (d)(2). Pub. L. 97-452 struck out "the National
Consumer Cooperative Bank," after "the Regional Banks for
Cooperatives," which had already been struck out by Pub. L. 97-258.
See 1982 Amendment note below.
1982 - Subsec. (d)(2). Pub. L. 97-258, Sec. 2(l)(2), struck out
"the National Consumer Cooperative Bank," after "Regional Banks for
Cooperatives,".
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97-452 effective Sept. 13, 1982, see section
2(i) of Pub. L. 97-452, set out as a note under section 3331 of
this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 2(l) of Pub. L. 97-258 provided that the amendment made
by such section is effective Jan. 1, 1982.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 12 sections 1431, 1441,
1441a, 1441b.
-End-
-CITE-
31 USC Sec. 9109 01/06/03
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9109. Exclusion of a wholly owned Government corporation from
this chapter
-STATUTE-
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.
-SOURCE-
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1045.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
9109 31:852. Dec. 6, 1945, ch. 577, Sec.
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.
-End-
-CITE-
31 USC Sec. 9110 01/06/03
-EXPCITE-
TITLE 31 - MONEY AND FINANCE
SUBTITLE VI - MISCELLANEOUS
CHAPTER 91 - GOVERNMENT CORPORATIONS
-HEAD-
Sec. 9110. Standards for depository institutions holding securities
of a Government-sponsored corporation for customers
-STATUTE-
(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) (!1) 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.
-SOURCE-
(Added Pub. L. 99-571, title II, Sec. 201(b)(1), Oct. 28, 1986, 100
Stat. 3223; amended Pub. L. 103-272, Sec. 4(f)(1)(AA), July 5,
1994, 108 Stat. 1363.)
-REFTEXT-
REFERENCES IN TEXT
Section 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. 101-73, title
III, Sec. 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. 101-73, title IV, Sec. 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. 95-369, Sept. 17, 1978, 92 Stat. 607, which
enacted sections 347d, 611a, and 3101 to 3111 of Title 12, 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.
-MISC1-
AMENDMENTS
1994 - Subsec. (e)(1). Pub. L. 103-272 substituted "section" for
"subparagraph".
EFFECTIVE DATE; PROMULGATION OF REGULATIONS
Section 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. 99-571, set out as a note under section 78o-5 of
Title 15, Commerce and Trade.
TRANSITIONAL AND SAVINGS PROVISIONS
For transitional and savings provisions of Pub. L. 99-571, see
section 301 of Pub. L. 99-571, set out as a note under section
78o-5 of Title 15, Commerce and Trade.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |