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31 U.S.C. § 3901 — Definitions and application
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this chapter—
(1) “agency” has the same meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim) and includes an entity being operated, and the head of the agency identifies the entity as being operated, only as an instrumentality of the agency to carry out a program of the agency.
(2) “business concern” means—
(A) a person carrying on a trade or business; and
(B) a nonprofit entity operating as a contractor.
(3) “proper invoice” is an invoice containing or accompanied by substantiating documentation the Director of the Office of Management and Budget may require by regulation and the head of the appropriate agency may require by regulation or contract.
(4) for the purposes of determining a payment due date and the date upon which any late payment interest penalty shall begin to accrue, the head of the agency is deemed to receive an invoice—
(A) on the later of—
(i) the date on which the place or person designated by the agency to first receive such invoice actually receives a proper invoice; or
(ii) on the 7th day after the date on which, in accordance with the terms and conditions of the contract, the property is actually delivered or performance of the services is actually completed, as the case may be, unless—
(I) the agency has actually accepted such property or services before such 7th day; or
(II) the contract (except in the case of a contract for the procurement of a brand-name commercial product for authorized resale) specifies a longer acceptance period, as determined by the contracting officer to be required to afford the agency a practicable opportunity to inspect and test the property furnished or evaluate the
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Source location: Title 31, Chapter 39, § 3901; chapter-039-prompt-payment.md
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**(a)** In this chapter—
(1) “agency” has the same meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim) and includes an entity being operated, and the head of the agency identifies the entity as being operated, only as an instrumentality of the agency to carry out a program of the agency.
(2) “business concern” means—
(A) a person carrying on a trade or business; and
(B) a nonprofit entity operating as a contractor.
(3) “proper invoice” is an invoice containing or accompanied by substantiating documentation the Director of the Office of Management and Budget may require by regulation and the head of the appropriate agency may require by regulation or contract.
(4) for the purposes of determining a payment due date and the date upon which any late payment interest penalty shall begin to accrue, the head of the agency is deemed to receive an invoice—
(A) on the later of—
(i) the date on which the place or person designated by the agency to first receive such invoice actually receives a proper invoice; or
(ii) on the 7th day after the date on which, in accordance with the terms and conditions of the contract, the property is actually delivered or performance of the services is actually completed, as the case may be, unless—
(I) the agency has actually accepted such property or services before such 7th day; or
(II) the contract (except in the case of a contract for the procurement of a brand-name commercial product for authorized resale) specifies a longer acceptance period, as determined by the contracting officer to be required to afford the agency a practicable opportunity to inspect and test the property furnished or evaluate the services performed; or
(B) on the date of the invoice, if the agency has failed to annotate the invoice with the date of receipt at the time of actual receipt by the place or person designated by the agency to first receive such invoice.
(5) a payment is deemed to be made on the date a check for payment is dated or an electronic fund transfer is made.
(6) a contract to rent property is deemed to be a contract to acquire the property.
**(b)** This chapter applies to the Tennessee Valley Authority. However, regulations prescribed under this chapter do not apply to the Authority, and the Authority alone is responsible for carrying out this chapter as it applies to contracts of the Authority.
**(c)** This chapter applies to the United States Postal Service. However, the Postmaster General shall be responsible for issuing the implementing procurement regulations, solicitation provisions, and contract clauses for the United States Postal Service.
**(d)**
(1) Notwithstanding subsection (a)(1) of this section, this chapter, except [section 3907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3907&num=0&edition=prelim), applies to the District of Columbia Courts.
(2) A claim for an interest penalty not paid under this chapter may be filed in the same manner as claims are filed with respect to contracts to provide property or services for the District of Columbia Courts.
(3)
(A) Except as provided in subparagraph (B), an interest penalty under this chapter does not continue to accrue for more than one year or after a claim for an interest penalty is filed in the manner described in paragraph (2), whichever is earlier.
(B) If a claim for an interest penalty is filed in the manner described in paragraph (2) and interest is not available for such claims under the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts, interest will accrue under this chapter as provided in paragraph (A) and from the date the claim is filed until the date the claim is paid.
(4) Paragraph (3) of this subsection does not prevent an interest penalty from accruing on a claim if such interest is available for such claim under the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts. Such interest may accrue on an unpaid contract payment and on the unpaid penalty under this chapter.
(5) Except as provided in [section 3904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3904&num=0&edition=prelim), this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and any interest payable for the period during which the dispute is being resolved, is subject to the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the event that a contractor, after making a certified payment request to an agency pursuant to [section 3903(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903/b&num=0&edition=prelim), discovers that a portion or all of such payment request constitutes a payment for performance by such contractor that fails to conform to the specifications, terms, and conditions of its contract (hereafter in this subsection referred to as the “unearned amount”), then the contractor shall—
(1) notify the agency of such performance deficiency; and
(2) be obligated to pay the Government an amount equal to interest on the unearned amount (computed in the manner provided in [section 3903(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903/c&num=0&edition=prelim)), from the date of the contractor’s receipt of such unearned amount until—
(A) the date the contractor notifies the agency that the performance deficiency has been corrected; or
(B) the date the contractor reduces the amount of any subsequent certified application for payment to such agency by an amount equal to the unearned amount.
**(b)** Each construction contract awarded by an agency shall include a clause that requires the prime contractor to include in each subcontract for property or services entered into by the prime contractor and a subcontractor (including a material supplier) for the purpose of performing such construction contract—
(1) a payment clause which obligates the prime contractor to pay the subcontractor for satisfactory performance under its subcontract within 7 days out of such amounts as are paid to the prime contractor by the agency under such contract; and
(2) an interest penalty clause which
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3905
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Federal law — U.S. Code and appendices · legal_authorities
The head of an agency offered a discount by a business concern from an amount due under a contract for property or service in exchange for payment within a specified time may pay the discounted amount only if payment is made within the specified time. For the purpose of the preceding sentence, the specified time shall be determined from the date of the invoice. The head of the agency shall pay an interest penalty on an amount remaining unpaid in violation of this section. The penalty accrues as provided under sections 3902 and 3903 of this title, except that the required payment date for the unpaid amount is the last day specified in the contract that the discounted amount may be paid.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3904
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business procurements**
(1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of—
(A) maintaining or mobilizing the full productive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns.
(2) **Industry category defined**
(A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted—
(i) due to special capital equipment needs;
(ii) due to special labor requirements;
(iii) due to special geographic requirements, except as provided in subparagraph (B);
(iv) due to unique Federal buying patterns or requirements; or
(v) to recognize a new industry.
(B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless—
(i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed;
(ii) Governmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed under [section 3903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim), the head of an agency acquiring property or service from a business concern, who does not pay the concern for each complete delivered item of property or service by the required payment date, shall pay an interest penalty to the concern on the amount of the payment due. The interest shall be computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 7109(a)(1) and (b) of title 41, which is in effect at the time the agency accrues the obligation to pay a late payment interest penalty.
**(b)** The interest penalty shall be paid for the period beginning on the day after the required payment date and ending on the date on which payment is made.
**(c)**
(1) A business concern shall be entitled to an interest penalty of $1.00 or more which is owed such business concern under this section, and such penalty shall be paid without regard to whether the business concern has requested payment of such penalty.
(2) Each payment subject to this chapter for which a late payment interest penalty is required to be paid shall be accompanied by a notice stating the amount of the interest penalty included in such payment and the rate by which, and period for which, such penalty was computed.
(3) If a business concern—
(A) is owed an interest penalty by an agency;
(B) is not paid the interest penalty in a payment made to the business concern by the agency on or after the date on which the interest penalty becomes due;
(C) is not paid the interest penalty by the agency within 10 days after the date on which such
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3902
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service.
**(b)** The following provisions shall apply to the Postal Service:
(1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 11 See References in Text note below. (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable;
(2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States;
(3) [section 107 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107&num=0&edition=prelim) (known as the Randolph-Sheppard Act, relating to vending machines operated by the blind);
(4) the following provisions of title 40:
(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147; and
(B) chapters 37 and 173;
(5) chapters 65 and 67 of title 41;
(6) sections 2000d, 2000d–1—2000d–4 of title 42 (title VI, the Civil Rights Act of 196
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 410
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director of the Office of Management and Budget shall prescribe regulations to carry out [section 3902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3902&num=0&edition=prelim). The regulations shall—
(1) provide that the required payment date is—
(A) the date payment is due under the contract for the item of property or service provided; or
(B) except as provided in paragraphs (10) and (11), 30 days after a proper invoice for the amount due is received if a specific payment date is not established by contract;
(2) for the acquisition of meat or a meat food product (as defined in section 2(a)(3) of the Packers and Stockyards Act, 1921 ([7 U.S.C. 182(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section182/3&num=0&edition=prelim))), including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, or of fresh or frozen fish (as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 ([16 U.S.C. 4003(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4003/3&num=0&edition=prelim)), provide a required payment date of not later than 7 days after the meat, meat food product, or fish is delivered; and
(3) for the acquisition of a perishable agricultural commodity (as defined in section 1(4) 11 See References in Text note below. of the Perishable Agricultural Commodities Act, 1930 ([7 U.S.C. 499a(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499a/4&num=0&edition=prelim))), provide a required payment date consistent with that Act;
(4) for the acquisition of dairy products (as defined in section 111(e) of the Dairy Production Stabilization Act
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 97–452, § 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, § 3905; renumbered § 3906 and amended Pub. L. 100–496, §§ 9(a)(1), 10, Oct. 17, 1988, 102 Stat. 2460, 2463, required submission of reports to Director of the Office of Management and Budget by 60th day after end of fiscal year by head of each agency concerning agency’s payment practices during that fiscal year.
A prior section 3906 was renumbered [section 3907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3907&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3906
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A claim for an interest penalty not paid under this chapter may be filed under [section 7103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim).
**(b)**
(1) An interest penalty under this chapter does not continue to accrue—
(A) after a claim for a penalty is filed under chapter 71 of title 41; or
(B) for more than one year.
(2) Paragraph (1) of this subsection does not prevent an interest penalty from accruing under section 7109(a)(1) and (b) of title 41 after a penalty stops accruing under this chapter. A penalty accruing under section 7109(a)(1) and (b) may accrue on an unpaid contract payment and on the unpaid penalty under this chapter.
**(c)** Except as provided in [section 3904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3904&num=0&edition=prelim), this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to chapter 71 of title 41.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3907
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal cause of action**
(1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers.
(2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.
**(b) Special rules** In an action brought under this section for damages the following provisions apply:
(1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) **Noneconomic damages**
(A) *In general* — Noneconomic damages may be awarde
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b
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Federal law — U.S. Code and appendices · legal_authorities
Page 358
TITLE 31—MONEY AND FINANCE
§ 3809
and in the case of an authority in which an Of-
fice of Inspector General is established by chap-
ter 4 of title 5 or by any other Federal law, to
the Inspector General of that authority.
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,
1986, 100 Stat. 1947; amended Pub. L. 117–286,
§ 4(b)(57), Dec. 27, 2022, 136 Stat. 4349; Pub. L.
118–159, div. E, title LII, § 5203(h), Dec. 23, 2024,
138 Stat. 2443.)
Editorial Notes
AMENDMENTS
2024—Subsec. (a). Pub. L. 118–159 added subsec. (a) and
struck out former subsec. (a) which read as follows: ‘‘A
hearing under section 3803(d)(2) of this title with re-
spect to a claim or statement shall be commenced
within 6 years after the date on which such claim or
statement is made, presented, or submitted.’’
2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘chapter
4 of title 5’’ for ‘‘the Inspector General Act of 1978’’.
§ 3809. Regulations
Within 180 days after the date of enactment of
this chapter, each authority head shall promul-
gate rules and regulations necessary to imple-
ment the provisions of this chapter. Such rules
and regulations shall—
(1) ensure that investigating officials and re-
viewing officials are not responsible for con-
ducting the hearing required in section 3803(f)
of this title, making the determinations re-
quired by subsections (f) and (h) of section 3803
of this title, or making collections under sec-
tion 3806 of this title; and
(2) require a reviewing official to include in
any notice required by section 3803(a)(2) of this
title a statement which specifies that the re-
viewing official has determined that there is a
reasonable prospect of collecting, from a per-
son with respect to whom the reviewing offi-
cial is referring allegations of l
Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 3901
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