r/title-31-MONEY-AND-FINANCE wiki — defined terms
The statute’s own glossary: every term Title 31 defines, in section order.
“Bank Secrecy Act” applies in that section
The term “Bank Secrecy Act” has the meaning given the term in section 6003 of the Anti-Money Laundering Act of 2020. (2) Federal functional regulator .—
“Federal functional regulator” applies in that section
the term “Federal functional regulator” has the meaning given the term in section 6003 of the Anti-Money Laundering Act of 2020. (h) FinCEN Foreign Financial Intelligence Unit Liaisons.— (1) In general .— The Director of FinCEN shall appoint not fewer than 6 Foreign Financial Intelligence Unit Liaisons, who shall— (A) be knowledgeable about domestic or international anti-money laundering or countering the financing of terrorism laws and regulations; (B) possess a technical understanding of the Bank Secrecy Act, the protocols of the Egmont Group of Financial Intelligence Units, and the Financial Action Task Force and the recommendations issued by that Task Force; (C) be co-located in a …
“financial institution” applies in that section
The term “financial institution” has the meaning given the term in section 5312 of this title . (4) State bank supervisor .—
“foreign financial intelligence unit” applies in that section
The term “foreign financial intelligence unit” means any foreign agency or authority, including a foreign financial intelligence unit that is a member of the Egmont Group of Financial Intelligence Units, that is empowered under foreign law as a jurisdiction’s national center for— (i) receipt and analysis of suspicious transaction reports and other information relevant to money laundering, associated predicate offenses, and the financing of terrorism; and (ii) the dissemination of the results of the analysis described in clause (i). (C) Foreign law enforcement authority .—
“foreign law enforcement authority” applies in that section
The term “foreign law enforcement authority” means any foreign agency or authority that is empowered under foreign law to detect, investigate, or prosecute potential violations of law. (2) Information exchanged with foreign law enforcement authorities, foreign financial intelligence units, and foreign anti-money laundering and countering the financing of terrorism authorities.— (A) In general .— The Department of the Treasury may not be compelled to search for or disclose information exchanged with a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money laundering and countering the financing of terrorism authority.
“State bank supervisor” applies in that section
The term “State bank supervisor” has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (5) State credit union supervisor .—
“State credit union supervisor” applies in that section
The term “State credit union supervisor” means a State official described in section 107A(e) of the Federal Credit Union Act ( 12 U.S.C. 1757a(e) ). (l) Authorization of Appropriations .— (1) In general .— There are authorized to be appropriated to FinCEN to carry out this section, to remain available until expended— (A) $136,000,000 for fiscal year 2021; (B) $60,000,000 for fiscal year 2022; and (C) $35,000,000 for each of fiscal years 2023 through 2026.
“affiliate” applies in that section
The term “affiliate” means, with respect to an insurer, any person who controls, is controlled by, or is under common control with the insurer. (2) Covered agreement .—
“covered agreement” applies in that section
The term “covered agreement” means a written bilateral or multilateral agreement regarding prudential measures with respect to the business of insurance or reinsurance that— (A) is entered into between the United States and one or more foreign governments, authorities, or regulatory entities; and (B) relates to the recognition of prudential measures with respect to the business of insurance or reinsurance that achieves a level of protection for insurance or reinsurance consumers that is substantially equivalent to the level of protection achieved under State insurance or reinsurance regulation. (3) Insurer .—
“Federal financial regulatory agency” applies in that section
The term “Federal financial regulatory agency” means the Department of the Treasury, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, or the National Credit Union Administration. (5) Non-united states insurer .—
“insurer” applies in that section
the term “insurer” means any entity that writes insurance or reinsures risks and issues contracts or policies in 1 or more States. (3) Exception for small insurers .— Paragraph (2) shall not apply with respect to any insurer or affiliate thereof that meets a minimum size threshold that the Office may establish, whether by order or rule.
“non-United States insurer” applies in that section
The term “non-United States insurer” means an insurer that is organized under the laws of a jurisdiction other than a State, but does not include any United States branch of such an insurer. (6) Office .—
“Office” applies in that section
The term “Office” means the Federal Insurance Office established by this section. (7) State insurance measure .—
“State insurance measure” applies in that section
The term “State insurance measure” means any State law, regulation, administrative ruling, bulletin, guideline, or practice relating to or affecting prudential measures applicable to insurance or reinsurance. (8) State insurance regulator .—
“State insurance regulator” applies in that section
The term “State insurance regulator” means any State regulatory authority responsible for the supervision of insurers. (9) Substantially equivalent to the level of protection achieved .—
“substantially equivalent to the level of protection achieved” applies in that section
The term “substantially equivalent to the level of protection achieved” means the prudential measures of a foreign government, authority, or regulatory entity achieve a similar outcome in consumer protection as the outcome achieved under State insurance or reinsurance regulation. (10) United states insurer .—
“United States insurer” applies in that section
The term “United States insurer” means— (A) an insurer that is organized under the laws of a State; or (B) a United States branch of a non-United States insurer. (s) Authorization of Appropriations .— There are authorized to be appropriated for the Office for each fiscal year such sums as may be necessary.
“appropriate committees” applies in that section
the term “appropriate committees” means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
“Federal agency” applies in that section
the term “Federal agency” means a department, agency, instrumentality, or unit thereof, of the Federal Government.
“covered transaction” applies in that section
The term “covered transaction” means any open market transaction or discount window advance that meets the definition of “covered transaction” in section 11(s) of the Federal Reserve Act. (2) Authority for audits and examinations .— Subject to paragraph (3), and notwithstanding any limitation in subsection (b) on the auditing and oversight of certain functions of the Board of Governors of the Federal Reserve System or any Federal reserve bank, the Comptroller General of the United States may conduct audits, including onsite examinations, of the Board of Governors, a Federal reserve bank, or a credit facility, if the Comptroller General determines that such audits are appropriate, solely for …
“credit facility” applies in that section
The term “credit facility” means a program or facility, including any special purpose vehicle or other entity established by or on behalf of the Board of Governors of the Federal Reserve System or a Federal reserve bank, authorized by the Board of Governors under section 13(3) of the Federal Reserve Act ( 12 U.S.C. 343 ), that is not subject to audit under subsection (e). (B) Covered transaction .—
“nonpermanent merit pay” applies in that section
the term “nonpermanent merit pay” means any amount payable under section 731(b) which does not constitute basic pay. (2) (A) Notwithstanding any other provision of this chapter, if (disregarding this subsection) the pay increase that would otherwise take effect with respect to a covered officer or employee in a year would be less than the required minimum percentage for such officer or employee in such year, the Comptroller General shall provide for a further increase in the rate of basic pay of such officer or employee.
“acquisition” applies in that section
the term “acquisition” includes the addition of land, sites, equipment, structures, facilities, or rolling stock by purchase, lease-purchase, trade, or donation; and;
“advisory and assistance services” applies in that section
the term “advisory and assistance services” means the following services when provided by nongovernmental sources: (i) Management and professional support services. (ii) Studies, analyses, and evaluations. (iii) Engineering and technical services. (B) In paragraph (1), the term “advisory and assistance services” does not include the following services: (i) Routine automated data processing and telecommunications services unless such services are an integral part of a contract for the procurement of advisory and assistance services. (ii) Architectural and engineering services, as defined in section 1102 of title 40 .
“budget justification materials” applies in that section
the term “budget justification materials” has the meaning given that term in section 3(b)(2) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note).
“construction” applies in that section
the term “construction” includes the design, planning, and erection of new structures and facilities, the expansion of existing structures and facilities, the reconstruction of a project at an existing site or adjacent to an existing site, and the installation of initial and replacement equipment for such structures and facilities;
“rehabilitation” applies in that section
the term “rehabilitation” includes the alteration of or correction of deficiencies in an existing structure or facility so as to extend the useful life or improve the effectiveness of the structure or facility, the modernization or replacement of equipment at an existing structure or facility, and the modernization of, or replacement of parts for, rolling stock. (f) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared in a manner consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 that apply to that and subsequent fiscal years.
“covered goal” applies in that section
the term “covered goal” means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5 . (2) Review .— Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency, 1 shall— (A) for each covered goal, review with the appropriate agency official responsible for the covered goal— (i) the progress achieved toward the covered goal— (I) during the most recent fiscal year; or (II) from recent sources of evidence available at the time of the review; and (ii) the likelihood that the agency will achieve the covered goal; (B) coordinate with …
“Federal financial assistance” applies in that section
the term “Federal financial assistance” has the meaning given that term under section 7501;
“open Government data asset” applies in that section
the term “open Government data asset” has the meaning given that term under section 3502 of title 44 ;
“program” applies in that section
the term “program” means a single program activity or an organized set of aggregated, disaggregated, or consolidated program activities by one or more agencies directed toward a common purpose or goal; and;
“program activity” applies in that section
the term “program activity” has the meaning given that term in section 1115(h). (2) Website and program inventory .— The Director of the Office of Management and Budget shall— (A) ensure the effective operation of a single website that includes the information required under subsections (b) and (c); (B) include on the website described in subparagraph (A), or another appropriate Federal Government website where related information is made available, as determined by the Director— (i) a program inventory that shall identify each program; and (ii) for each program identified in the program inventory, the information required under paragraph (3); (C) make the information required to be …
“budget justification materials” applies in that section
The term “budget justification materials” has the meaning given the term in section 3(b)(2) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note; Public Law 109–282 ). (2) Plan or report .—
“plan or report” applies in that section
The term “plan or report” means any plan or report submitted to Congress, any committee of Congress, or subcommittee thereof, by not less than 1 agency— (A) in accordance with Federal law; or (B) at the direction or request of a congressional report. (3) Recurring plan or report .—
“recurring plan or report” applies in that section
The term “recurring plan or report” means a plan or report submitted on a recurring basis. (4) Relevant congressional committee .—
“relevant congressional committee” applies in that section
The term “relevant congressional committee”— (A) means a congressional committee to which a recurring plan or report is required to be submitted; and (B) does not include any plan or report that is required to be submitted solely to the Committee on Armed Services of the House of Representatives or the Senate. (b) Agency Identification of Unnecessary Reports.— (1) In general .— The head of each agency shall include in the budget justification materials of the agency the following: (A) Subject to paragraphs (2) and (3), the following: (i) A list of each recurring plan or report submitted by the agency.
“covered lapse in appropriations” applies in that section
the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018 ;
“District of Columbia public employer” applies in that section
the term “District of Columbia public employer” means— (i) the District of Columbia Courts; (ii) the Public Defender Service for the District of Columbia; or (iii) the District of Columbia government;
“employee” applies in that section
the term “employee” includes an officer; and;
“excepted employee” applies in that section
the term “excepted employee” means an excepted employee or an employee performing emergency work, as such terms are defined by the Office of Personnel Management or the appropriate District of Columbia public employer, as applicable.
“Federal agency” applies in that section
the term “Federal agency” means— (A) a department— (i) including independent establishments, other agencies, and wholly owned Government corporations; but (ii) not including the Senate, House of Representatives, or Architect of the Capitol, or the officers or employees thereof; (B) an Executive department (as such term is defined in section 101 of title 5 ); (C) a military department (as such term is defined in section 102 of title 5 ); (D) a Government corporation (as such term is defined in section 103(1) of title 5 ); (E) a Government controlled corporation (as such term is defined in section 103(2) of title 5 ); (F) a mixed-ownership Government corporation (as such term is defined in …
“passenger carrier” applies in that section
the term “passenger carrier” means a passenger motor vehicle or similar means of transportation that is owned, leased, or provided pursuant to contract by the United States Government. (h) As used in this section—;
“agency” applies in that section
The term “agency” has the same meaning provided for such term in section 552(f) of title 5 , and includes a Government corporation, as defined in section 9101(1) of this title .;
“Federal contract” applies in that section
The terms “Federal contract”, “Federal grant”, “Federal cooperative agreement” mean, respectively— (i) a contract awarded by an agency; (ii) a grant made by an agency or a direct appropriation made by law to any person; and (iii) a cooperative agreement entered into by an agency. (B) Such terms do not include— (i) direct United States cash assistance to an individual; (ii) a loan; (iii) loan insurance; or (iv) a loan guaranty.;
“Federal cooperative agreement” applies in that section
The terms “Federal contract”, “Federal grant”, “Federal cooperative agreement” mean, respectively— (i) a contract awarded by an agency; (ii) a grant made by an agency or a direct appropriation made by law to any person; and (iii) a cooperative agreement entered into by an agency. (B) Such terms do not include— (i) direct United States cash assistance to an individual; (ii) a loan; (iii) loan insurance; or (iv) a loan guaranty.;
“Federal grant” applies in that section
The terms “Federal contract”, “Federal grant”, “Federal cooperative agreement” mean, respectively— (i) a contract awarded by an agency; (ii) a grant made by an agency or a direct appropriation made by law to any person; and (iii) a cooperative agreement entered into by an agency. (B) Such terms do not include— (i) direct United States cash assistance to an individual; (ii) a loan; (iii) loan insurance; or (iv) a loan guaranty.;
“Federal loan” applies in that section
The term “Federal loan” means a loan made by an agency. Such term does not include loan insurance or a loan guaranty.;
“Indian tribe” applies in that section
The terms “Indian tribe” and “tribal organization” have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1
“local government” applies in that section
The term “local government” means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, the following entities: (A) A local public authority. (B) A special district. (C) An intrastate district. (D) A council of governments. (E) A sponsor group representative organization. (F) Any other instrumentality of a local government. (6);
“person” applies in that section
The term “person”— (A) includes an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit; but (B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures by such tribe or organization that are made for purposes specified in subsection (a) and are permitted by other Federal law.;
“reasonable compensation” applies in that section
The term “reasonable compensation” means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
“reasonable payment” applies in that section
The term “reasonable payment” means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.;
“State” applies in that section
The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.;
“tribal organization” applies in that section
The terms “Indian tribe” and “tribal organization” have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1
“employee in the executive branch” applies in that section
the term “employee in the executive branch” means— (A) an appointed officer or employee in the executive branch; and (B) an expert or consultant in the executive branch, under section 3109 of title 5 ; and;
“executive branch” applies in that section
the term “executive branch” means all executive agencies (as such term is defined in section 105 of title 5 ); and;
“payment” applies in that section
the term “payment” means a payment or reimbursement, in cash or in kind. (d) (1) The head of each agency of the executive branch shall, in the manner provided in paragraph (2), submit to the Director of the Office of Government Ethics reports of payments of more than $250 accepted under this section with respect to employees of the agency. The Director shall make such reports available for public inspection and copying.
“executive agency” applies in that section
the term “executive agency” has the meaning given the term in section 133 of title 41 ; and;
“Member of Congress” applies in that section
the term “Member of Congress” includes a Delegate or Resident Commissioner to Congress.
“contract change” applies in that section
the term “contract change” means a change to a contract under which the contractor is required to perform additional work. Such term does not include adjustments to pay claims or increases under an escalation clause. (d) (1) Obligations under this section may be paid without prior action of the Comptroller General. (2) This subchapter does not— (A) relieve the Comptroller General of the duty to make decisions requested under law; or (B) affect the authority of the Comptroller General to settle claims and accounts.
“excess deficit” applies in that section
the term “excess deficit” means the amount specified in subparagraph (A). (g) Rules of House of Representatives and Senate .— This subsection and subsections (b), (c), (d), (e), and (f) (other than paragraph (6)) are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to …
“joint resolution” applies in that section
the term “joint resolution” means only a joint resolution— (A) (i) for the certification described in subsection (a)(1), that is introduced on September 6, 7, 8, or 9, 2011 (or, if the Senate was not in session, the next calendar day on which the Senate is in session); and (ii) for the certification described in subsection (a)(2), that is introduced between the date the certification is received and 3 calendar days after that date; (B) which does not have a preamble; (C) the title of which is only as follows: “Joint resolution relating to the disapproval of the President’s exercise of authority to increase the debt limit, as submitted under section 3101A of title 31 , United States Code, on …
“applicable address” applies in that section
the term “applicable address” means, with respect to any applicable savings bond— (I) the registered address for the registered owner, co-owner, or beneficiary (as applicable) of such bond; or (II) if such information is available to the Secretary, the last known address for the registered owner, co-owner, or beneficiary (as applicable) of such bond. (ii) For purposes of clause (i), if the information described in subclause (II) of clause (i) with respect to any individual is available to the Secretary, subclause (I) of such clause shall not apply.
“applicable savings bond” applies in that section
the term “applicable savings bond” means a savings bond which— (A) is more than 3 years past its date of final maturity; (B) (i) is in paper form; or (ii) is in paperless or electronic form and for which— (I) there is no designated bank account or routing information; or (II) the designated bank account or routing information is incorrect; and (C) has not been redeemed.
“current fiscal year” applies in that section
The term “current fiscal year” means the fiscal year ending in the calendar year in which the report is submitted. (2) Total public debt .—
“debt to GDP ratio” applies in that section
The term “debt to GDP ratio” means the percentage obtained by dividing the level of the total public debt or net public debt, as the case may be, by the gross domestic product. (5) Interest cost to outlay ratio .—
“interest cost to outlay ratio” applies in that section
The term “interest cost to outlay ratio” means, with respect to any fiscal year, the percentage obtained by dividing the interest cost for such fiscal year on the net public debt by the total amount of Federal outlays for such fiscal year.
“net public debt” applies in that section
The term “net public debt” means the portion of the total public debt which is held by the public. (4) Debt to gdp ratio .—
“total public debt” applies in that section
The term “total public debt” means the total amount of the obligations subject to the public debt limit established in section 3101 of this title . (3) Net public debt .—
“electronic funds transfer” applies in that section
The term “electronic funds transfer” means any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. The term includes Automated Clearing House transfers, Fed Wire transfers, transfers made at automatic teller machines, and point-of-sale terminals.;
“Federal agency” applies in that section
The term “Federal agency” means— (A) an agency (as defined in section 101 of this title ); and (B) a Government corporation (as defined in section 103 of title 5 ).;
“Federal payments” applies in that section
The term “Federal payments” includes— (A) Federal wage, salary, and retirement payments; (B) vendor and expense reimbursement payments; and (C) benefit payments. Such term shall not include any payment under the Internal Revenue Code of 1986.
“annual financial statement” applies throughout its subchapter
The term “annual financial statement” means the annual financial statement required under section 3515 of this title or similar provision of law. (2) Compliance .—
“compliance” applies throughout its subchapter
The term “compliance” means that an executive agency— (A) has— (i) published improper payments information with the annual financial statement of the executive agency for the most recent fiscal year; and (ii) posted on the website of the executive agency that statement and any accompanying materials required under guidance of the Office of Management and Budget; (B) if required, has conducted a program specific risk assessment for each program or activity that conforms with the requirements under section 3352(a); (C) if required, publishes improper payments estimates for all programs and activities identified under section 3352(a) in the accompanying materials to the annual financial …
“Do Not Pay Initiative” applies throughout its subchapter
The term “Do Not Pay Initiative” means the initiative described in section 3354(b). (4) Improper payment .—
“improper payment” applies throughout its subchapter
The term “improper payment”— (A) means any payment that should not have been made or that was made in an incorrect amount, including an overpayment or underpayment, under a statutory, contractual, administrative, or other legally applicable requirement; and (B) includes— (i) any payment to an ineligible recipient; (ii) any payment for an ineligible good or service; (iii) any duplicate payment; (iv) any payment for a good or service not received, except for those payments where authorized by law; and (v) any payment that does not account for credit for applicable discounts. (5) Payment .—
“payment” applies throughout its subchapter
The term “payment” means any transfer or commitment for future transfer of Federal funds such as cash, securities, loans, loan guarantees, and insurance subsidies to any non-Federal person or entity or a Federal employee, that is made by a Federal agency, a Federal contractor, a Federal grantee, or a governmental or other organization administering a Federal program or activity. (6) Payment for an ineligible good or service .—
“payment for an ineligible good or service” applies throughout its subchapter
The term “payment for an ineligible good or service” includes a payment for any good or service that is rejected under any provision of any contract, grant, lease, cooperative agreement, or other funding mechanism. (7) Recovery audit .—
“recovery audit” applies throughout its subchapter
The term “recovery audit” means a recovery audit described in section 3352(i). (8) State .—
“State” applies throughout its subchapter
The term “State” means each State of the United States, the District of Columbia, each territory or possession of the United States, and each Federally recognized Indian tribe.
“significant” applies in that section
the term “significant” means that, in the preceding fiscal year, the sum of a program or activity’s improper payments and payments whose propriety cannot be determined by the executive agency due to lacking or insufficient documentation may have exceeded— (i) $10,000,000 of all reported program or activity payments of the executive agency made during that fiscal year and 1.5 percent of program outlays; or (ii) $100,000,000.
“agency” applies in that section
the term “agency” has the meaning given the term in section 551 of title 5 . (b) Guidelines .— The guidelines required to be established under section 3(a) of the Fraud Reduction and Data Analytics Act of 2015, as in effect on the day before the date of enactment of this section— (1) shall continue to be in effect on and after the date of enactment of this section; and (2) may be periodically modified by the Director of the Office of Management and Budget, in consultation with the Comptroller General of the United States, as the Director and Comptroller General may determine necessary.
“covered executive agency” applies in that section
The term “covered executive agency”— (1) means an executive agency that is not required by another provision of Federal law to prepare and submit to the Congress and the Director of the Office of Management and Budget an audited financial statement for each fiscal year, covering all accounts and associated activities of each office, bureau, and activity of the agency; and (2) does not include a corporation, agency, or instrumentality subject to chapter 91 of this title.
“Federal agency” applies throughout its subchapter
The term “Federal agency” has the meaning given such term by section 102 of title 40 .
“interested party” applies throughout its subchapter
The term “interested party”— (A) with respect to a contract or a solicitation or other request for offers described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract; and (B) with respect to a public-private competition conducted under Office of Management and Budget Circular A–76 with respect to the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, includes— (i) any official who is …
“protest” applies throughout its subchapter
The term “protest” means a written objection by an interested party to any of the following: (A) A solicitation or other request by a Federal agency for offers for a contract for the procurement of property or services. (B) The cancellation of such a solicitation or other request. (C) An award or proposed award of such a contract. (D) A termination or cancellation of an award of such a contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract. (E) Conversion of a function that is being performed by Federal employees to private sector performance.;
“claim” applies throughout its chapter
the term “claim” or “debt” means any amount of funds or property that has been determined by an appropriate official of the Federal Government to be owed to the United States by a person, organization, or entity other than another Federal agency.
“debt” applies throughout its chapter
the term “claim” or “debt” means any amount of funds or property that has been determined by an appropriate official of the Federal Government to be owed to the United States by a person, organization, or entity other than another Federal agency.
“active duty” applies in that section
the term “active duty” has the meaning given that term in section 101 of title 10 . (g) (1) If a nontax debt or claim owed to the United States has been delinquent for a period of 180 days— (A) the head of the executive, judicial, or legislative agency that administers the program that gave rise to the debt or claim shall transfer the debt or claim to the Secretary of the Treasury; and (B) upon such transfer the Secretary of the Treasury shall take appropriate action to collect or terminate collection actions on the debt or claim.
“administrative claim” applies in that section
the term “administrative claim” includes all debt that is not based on an extension of Government credit through direct loans, loan guarantees, or insurance, including fines, penalties, and overpayments.
“cost of living adjustment” applies in that section
the term “cost of living adjustment” means the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted; and;
“qualified HUBZone small business concern” applies in that section
the term “qualified HUBZone small business concern” has the meaning given that term in section 31(b) of the Small Business Act. (4) Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, a private counsel retained under paragraph (1) of this subsection may represent the United States in litigation in connection with legal services furnished pursuant to the contract entered into with that counsel under paragraph (1) of this subsection.
“qualified expenses” applies in that section
the term “qualified expenses” means expenditures for the improvement of credit management, debt collection, and debt recovery activities, including— (A) account servicing (including cross-servicing under section 3711(g) of this title ), (B) automatic data processing equipment acquisitions, (C) delinquent debt collection, (D) measures to minimize delinquent debt, (E) sales of delinquent debt, (F) asset disposition, and (G) training of personnel involved in credit and debt management. (3) (A) Amounts transferred to the Account shall be available to the Secretary of the Treasury for purposes of this section to the extent and in amounts provided in advance in appropriations Acts.
“disposable pay” applies in that section
the term “disposable pay” means that part of the compensation of any individual from an employer remaining after the deduction of any amounts required by any other law to be withheld. (h) The Secretary of the Treasury shall issue regulations to implement this section.
“claim” applies in that section
the term “claim”— (A) means any request or demand, whether under a contract or otherwise, for money or property and whether or not the United States has title to the money or property, that— (i) is presented to an officer, employee, or agent of the United States; or (ii) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government’s behalf or to advance a Government program or interest, and if the United States Government— (I) provides or has provided any portion of the money or property requested or demanded; or (II) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is …
“knowing” applies in that section
the terms “knowing” and “knowingly”— (A) mean that a person, with respect to information— (i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information; and (B) require no proof of specific intent to defraud;
“knowingly” applies in that section
the terms “knowing” and “knowingly”— (A) mean that a person, with respect to information— (i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information; and (B) require no proof of specific intent to defraud;
“material” applies in that section
the term “material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. (c) Exemption From Disclosure .— Any information furnished pursuant to subsection (a)(2) shall be exempt from disclosure under section 552 of title 5 . (d) Exclusion .— This section does not apply to claims, records, or statements made under the Internal Revenue Code of 1986.
“obligation” applies in that section
the term “obligation” means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment; and;
“custodian” applies in that section
the term “custodian” means the custodian, or any deputy custodian, designated by the Attorney General under subsection (i)(1);
“documentary material” applies in that section
the term “documentary material” includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery;
“false claims law” applies in that section
the term “false claims law” means— (A) this section and sections 3729 through 3732; and (B) any Act of Congress enacted after the date of the enactment of this section which prohibits, or makes available to the United States in any court of the United States any civil remedy with respect to, any false claim against, bribery of, or corruption of any officer or employee of the United States;
“false claims law investigation” applies in that section
the term “false claims law investigation” means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law;
“false claims law investigator” applies in that section
the term “false claims law investigator” means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect any false claims law, or any officer or employee of the United States acting under the direction and supervision of such attorney or investigator in connection with a false claims law investigation;
“official use” applies in that section
the term “official use” means any use that is consistent with the law, and the regulations and policies of the Department of Justice, including use in connection with internal Department of Justice memoranda and reports; communications between the Department of Justice and a Federal, State, or local government agency, or a contractor of a Federal, State, or local government agency, undertaken in furtherance of a Department of Justice investigation or prosecution of a case; interviews of any qui tam relator or other witness; oral examinations; depositions; preparation for and response to civil discovery requests; introduction into the record of a case or proceeding; applications, motions, …
“person” applies in that section
the term “person” means any natural person, partnership, corporation, association, or other legal entity, including any State or political subdivision of a State;
“product of discovery” applies in that section
the term “product of discovery” includes— (A) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (B) any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A); and (C) any index or other manner of access to any item listed in subparagraph (A); and;
“benefits” applies in that section
the term “benefits” means— (i) benefits under the supplemental security income program under title XVI of the Social Security Act; (ii) old age, survivors, and disability insurance benefits under title II of the Social Security Act; (iii) benefits under title XVIII of the Social Security Act; (iv) assistance under a State program funded under part A of title IV of the Social Security Act; (v) medical assistance under a State plan approved under section 1902(a) of the Social Security Act; (vi) benefits under title XX of the Social Security Act; (vii) benefits under the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008); (viii) benefits …
“agency” applies in that section
the term “agency” has the same meaning as in section 3502(1) of title 44 .
“designated recipient organization” applies in that section
the term “designated recipient organization” means any organization designated, under any provision of law, as the recipient of any surcharge imposed on the sale of any numismatic item. (n) Redesign and Issuance of Circulating $1 Coins Honoring Each of the Presidents of the United States.— (1) Redesign beginning in 2007 .— Notwithstanding subsection (d) and in accordance with the provisions of this subsection, $1 coins issued during the period beginning January 1, 2007 , and ending upon the termination of the program under paragraph (8), shall— (A) have designs on the obverse selected in accordance with paragraph (2)(B) which are emblematic of the Presidents of the United States; and (B) …
“national site” applies in that section
the term “national site” means any site under the supervision, management, or conservancy of the National Park Service, the United States Forest Service, the United States Fish and Wildlife Service, or any similar department or agency of the Federal Government, including any national park, national monument, national battlefield, national military park, national historical park, national historic site, national lakeshore, seashore, recreation area, parkway, scenic river, or trail and any site in the National Wildlife Refuge System.
“State” applies in that section
the term “State” has the same meaning as in section 3(a)(3) of the Federal Deposit Insurance Act. (2) Single site in each state .— The design on the reverse side of each quarter dollar issued during the period of issuance under this subsection shall be emblematic of 1 national site in each State.
“territory” applies in that section
the term “territory” means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (t) Redesign and Issuance of Quarter Dollars Emblematic of National Sites in Each State, the District of Columbia, and Each Territory.— (1) Redesign beginning upon completion of prior program.— (A) In general .— Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2), quarter dollars issued beginning in 2010 shall have designs on the reverse selected in accordance with this subsection which are emblematic of the national sites in the States, the District of Columbia and the territories of the United …
“average world price” applies in that section
the term “average world price” means the price determined by a widely recognized commodity exchange at the time the silver is obtained by the Secretary. The Secretary shall sell silver under conditions the Secretary considers appropriate for at least $1.292929292 a fine troy ounce.
“designated recipient organization” applies in that section
the term “designated recipient organization” means any organization designated, under any provision of law, as the recipient of any surcharge imposed on the sale of any numismatic item. (g) Quarterly Financial Reports.— (1) In general .— Not later than the 30th day of each month following each calendar quarter through and including the final period of sales with respect to any commemorative coin program authorized on or after the date of enactment of the Treasury, Postal Service, and General Government Appropriations Act, 1997, the Mint shall submit to the Congress a quarterly financial report in accordance with this subsection.
“Fund” applies in that section
The term “Fund” means the Numismatic Public Enterprise Fund. (2) Mint .—
“Mint” applies in that section
The term “Mint” means the United States Mint. (3) Numismatic item .—
“numismatic item” applies in that section
The term “numismatic item” means any medal, proof coin, uncirculated coin, bullion coin, or other coin specifically designated by statute as a numismatic item, including products and accessories related to any such medal, coin, or item. (4) Numismatic operations and programs .—
“numismatic operations and programs” applies in that section
The term “numismatic operations and programs”— (A) means the activities concerning, and assets utilized in, the production, administration, sale, and management of numismatic items and the Numismatic Public Enterprise Fund; and (B) includes capital, personnel salaries, functions relating to operations, marketing, distribution, promotion, advertising, and official reception and representation, the acquisition or replacement of equipment, and the renovation or modernization of facilities (other than the construction or acquisition of new buildings). (5) Secretary .—
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury. (b) Establishment of Fund .— There is hereby established in the Treasury of the United States a revolving Numismatic Public Enterprise Fund consisting of amounts deposited in the fund 1 under subsection (c)(2) of this section or section 221(b) of the United States Mint Reauthorization and Reform Act of 1992 which shall be available to the Secretary for numismatic operations and programs of the United States Mint without fiscal year limitation.
“Mint operations and programs” applies in that section
the term “Mint operations and programs” means (1) the activities concerning, and assets utilized in, the production, administration, distribution, marketing, purchase, sale, and management of coinage, numismatic items, the protection and safeguarding of Mint assets and those non-Mint assets in the custody of the Mint, and the Fund; and (2) includes capital, personnel salaries and compensation, functions relating to operations, marketing, distribution, promotion, advertising, official reception and representation, the acquisition or replacement of equipment, the renovation or modernization of facilities, and the construction or acquisition of new buildings: Provided further , That
“numismatic item” applies in that section
the term “numismatic item” includes any medal, proof coin, uncirculated coin, bullion coin, numismatic collectible, other monetary issuances and products and accessories related to any such medal or coin: Provided further , That provisions of law governing procurement or public contracts shall not be applicable to the procurement of goods or services necessary for carrying out Mint programs and operations.
“nonfinancial trade or business” applies in that section
The term “nonfinancial trade or business” means any trade or business other than a financial institution that is subject to the reporting requirements of section 5313 and regulations prescribed under such section. (5) “person”, in addition to its meaning under section 1 of title 1 , includes a trustee, a representative of an estate and, when the Secretary prescribes, a governmental entity.
“depository institution” applies in that section
the term “depository institution”— (1) has the meaning given to such term in section 19(b)(1)(A) of the Federal Reserve Act; and (2) includes— (A) any branch, agency, or commercial lending company (as such terms are defined in section 1(b) of the International Banking Act of 1978); (B) any corporation chartered under section 25A of the Federal Reserve Act; and (C) any corporation having an agreement or undertaking with the Board of Governors of the Federal Reserve System under section 25 of the Federal Reserve Act.
“qualified business customer” applies in that section
the term “qualified business customer” means a business which— (A) maintains a transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act) at the depository institution; (B) frequently engages in transactions with the depository institution which are subject to the reporting requirements of subsection (a); and (C) meets criteria which the Secretary determines are sufficient to ensure that the purposes of this subchapter are carried out without requiring a report with respect to such transactions. (3) Criteria for exemption .— The Secretary of the Treasury shall establish, by regulation, the criteria for granting and maintaining an exemption under paragraph (1).
“affiliate” applies in that section
The term “affiliate” means an entity that controls, is controlled by, or is under common control with another entity. (B) Bank secrecy act; state bank supervisor; state credit union supervisor .—
“appropriate Federal banking agency” applies in that section
The term “appropriate Federal banking agency” has the same meaning as in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (B) Covered financial institution .—
“appropriate State bank supervisor” applies in that section
The term “appropriate State bank supervisor” means the Chairman or members of the State Liaison Committee of the Financial Institutions Examination Council. (B) Appropriate state credit union supervisor .—
“appropriate State credit union supervisor” applies in that section
The term “appropriate State credit union supervisor” means the Chairman or members of the State Liaison Committee of the Financial Institutions Examination Council. (C) Federal credit union .—
“Bank Secrecy Act” applies in that section
the terms “Bank Secrecy Act”, “Federal functional regulator”, “State bank supervisor”, and “State credit union supervisor” have the meanings given the terms in section 6003 of the Anti-Money Laundering Act of 2020.
“correspondent account” applies in that section
The term “correspondent account” has the same meaning as in section 5318A(e)(1)(B). (2) 120- hour rule .— Not later than 120 hours after receiving a request by an appropriate Federal banking agency for information related to anti-money laundering compliance by a covered financial institution or a customer of such institution, a covered financial institution shall provide to the appropriate Federal banking agency, or make available at a location specified by the representative of the appropriate Federal banking agency, information and account documentation for any account opened, maintained, administered or managed in the United States by the covered financial institution.
“covered financial institution” applies in that section
The term “covered financial institution” means an institution referred to in subsection (j)(1). (C) Incorporated term .—
“Federal credit union” applies in that section
The term “Federal credit union” has the meaning given the term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). (D) Federal depository institution .—
“Federal depository institution” applies in that section
The term “Federal depository institution” has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (E) Federal depository institution regulators .—
“Federal depository institution regulator” applies in that section
The term “Federal depository institution regulator” means a member of the Financial Institutions Examination Council to which is delegated any authority of the Secretary under subsection (a)(1).
“Federal functional regulator” applies in that section
the terms “Bank Secrecy Act”, “Federal functional regulator”, “State bank supervisor”, and “State credit union supervisor” have the meanings given the terms in section 6003 of the Anti-Money Laundering Act of 2020.
“offshore banking license” applies in that section
The term “offshore banking license” means a license to conduct banking activities which, as a condition of the license, prohibits the licensed entity from conducting banking activities with the citizens of, or with the local currency of, the country which issued the license. (B) Private banking account .—
“physical presence” applies in that section
the term “physical presence” means a place of business that— (i) is maintained by a foreign bank; (ii) is located at a fixed address (other than solely an electronic address) in a country in which the foreign bank is authorized to conduct banking activities, at which location the foreign bank— (I) employs 1 or more individuals on a full-time basis; and (II) maintains operating records related to its banking activities; and (iii) is subject to inspection by the banking authority which licensed the foreign bank to conduct banking activities.
“private banking account” applies in that section
The term “private banking account” means an account (or any combination of accounts) that— (i) requires a minimum aggregate deposits of funds or other assets of not less than $1,000,000; (ii) is established on behalf of 1 or more individuals who have a direct or beneficial ownership interest in the account; and (iii) is assigned to, or is administered or managed by, in whole or in part, an officer, employee, or agent of a financial institution acting as a liaison between the financial institution and the direct or beneficial owner of the account.
“State bank supervisor” applies in that section
the terms “Bank Secrecy Act”, “Federal functional regulator”, “State bank supervisor”, and “State credit union supervisor” have the meanings given the terms in section 6003 of the Anti-Money Laundering Act of 2020.
“State credit union supervisor” applies in that section
the terms “Bank Secrecy Act”, “Federal functional regulator”, “State bank supervisor”, and “State credit union supervisor” have the meanings given the terms in section 6003 of the Anti-Money Laundering Act of 2020.
“typology” applies in that section
the term “typology” means a technique to launder money or finance terrorism. (B) Suspicious activity report activity review .— Not less frequently than semiannually, the Director of the Financial Crimes Enforcement Network shall publish threat pattern and trend information to provide meaningful information about the preparation, use, and value of reports filed under this subsection by financial institutions, as well as other reports filed by financial institutions under the Bank Secrecy Act.
“account” applies in that section
The term “account”— (i) means a formal banking or business relationship established to provide regular services, dealings, and other financial transactions; and (ii) includes a demand deposit, savings deposit, or other transaction or asset account and a credit account or other extension of credit. (B) Correspondent account .—
“correspondent account” applies in that section
The term “correspondent account” means an account established to receive deposits from, make payments on behalf of a foreign financial institution, or handle other financial transactions related to such institution. (C) Payable-through account .—
“payable-through account” applies in that section
The term “payable-through account” means an account, including a transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act), opened at a depository institution by a foreign financial institution by means of which the foreign financial institution permits its customers to engage, either directly or through a subaccount, in banking activities usual in connection with the business of banking in the United States.
“egregious violation” applies in that section
the term “egregious violation” means, with respect to an individual— (A) a criminal violation— (i) for which the individual is convicted; and (ii) for which the maximum term of imprisonment is more than 1 year; and (B) a civil violation in which— (i) the individual willfully committed the violation; and (ii) the violation facilitated money laundering or the financing of terrorism.
“covered judicial or administrative action” applies in that section
The term “covered judicial or administrative action” means any judicial or administrative action brought by the Secretary of the Treasury (referred to in this section as the “Secretary”) or the Attorney General under this subchapter, chapter 35 or section 4305 or 4312 of title 50, the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq.), or .), 1 and for conspiracies to violate the aforementioned provisions that results in monetary sanctions exceeding $1,000,000.
“original information” applies in that section
The term “original information” means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Secretary or the Attorney General from any other source, unless the whistleblower is the original source of the information; and (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information.
“whistleblower” applies in that section
The term “whistleblower” means any individual who provides, or 2 or more individuals acting jointly who provide, information relating to a violation of this subchapter, chapter 35 or section 4305 or 4312 of title 50, the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq.), or .), 1 and for conspiracies to violate the aforementioned provisions to the employer of the individual or individuals, including as part of the job duties of the individual or individuals, or to the Secretary or the Attorney General. (B) Special rule .— Solely for the purposes of subsection (g)(1),
“transaction account” applies in that section
the term “transaction account” has the meaning given to such term in section 19(b)(1)(C) of the Federal Reserve Act.