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31 U.S.C. § 3906 — Repealed. Pub. L. 105–362, title XIII, § 1301(c)(1), Nov. 10, 1998, 112 Stat. 3293]
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).
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Source file: Laws/federal/codes/united-states-code/title-31/section-3906-repealed-pub-l-105362-title-xiii-1301-c-1-nov-10-1998-112-stat-3293--a4c963516d.md
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Source location: Title 31, Chapter 39, § 3906; chapter-039-prompt-payment.md
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### 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).
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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)** 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3901
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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)** 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
Page 367
TITLE 31—MONEY AND FINANCE
§ 3907
(Added Pub. L. 100–496, § 9(a)(2), Oct. 17, 1988, 102
Stat. 2460; amended Pub. L. 107–217, § 3(h)(7),
Aug. 21, 2002, 116 Stat. 1300.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3905 was renumbered section 3906 of
this title.
AMENDMENTS
2002—Subsec. (f)(1). Pub. L. 107–217 substituted ‘‘sec-
tion 3133(b) of title 40’’ for ‘‘section 2 of the Act of Au-
gust 24, 1935 (40 U.S.C. 270b)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to payments under contracts
awarded, contracts renewed, and contract options exer-
cised during or after the first fiscal quarter which be-
gins more than 90 days after Oct. 17, 1988, see section
14(a) of Pub. L. 100–496, set out as an Effective Date of
1988 Amendment note under section 3902 of this title.
[§ 3906. Repealed. Pub. L. 105–362, title XIII,
§ 1301(c)(1), Nov. 10, 1998, 112 Stat. 3293]
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 fis-
cal 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.
§ 3907. Relationship to other laws
(a) A claim for an interest penalty not paid
under this chapter may be filed under section
7103 of title 41.
(b)(1) An interest penalty under this chapter
does not continue to accrue—
(A) after a claim for a penalty is filed under
chapter 71 of title 41; or
(B) for more than one year.
(2) Paragraph (1) of this subsection does not
prevent an interest penalty from accru
Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 3906
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.