31 U.S.C. § 3809 — Regulations

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 liability in such notice, the amount for which such person may be liable. (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1947.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in text, means the date of enactment of Pub. L. 99–509 which was approved Oct. 21, 1986. [§ 3810. Repealed. Pub. L. 104–66, title III, § 3001(c)(1), Dec. 21, 1995, 109 Stat. 734] Section, added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1947, required annual reports to Con- gress. § 3811. Effect on other law (a) This chapter does not diminish the respon- sibility of any agency to comply with the provi- sions of chapter 35 of title 44. (b) This chapter does not supersede the provi- sions of section 3512 of title 44. (c) For purposes of this section, the term ‘‘agency’’ has the same meaning as in section 3502(1) of title 44. (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1948.) § 3812. Prohibition against delegation Any function, duty, or responsibility which this chapter specifies be carried out by the At- torney General or an Assistant Attorney Gen- eral designated by the Attorney General, shall not be delegated to, or carried out by, any other officer or employee of the Department of Jus- tice. (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1948.) CHAPTER 39—PROMPT PAYMENT Sec. 3901. Definitions and application. 3902. Interest penalties. 3903. Regulations. 3904. Limitations on discount payments. 3905. Payment provisions relating to construction contracts. [3906. Repealed.] 3907. Relationship to other laws. Editorial Notes AMENDMENTS 1998—Pub. L. 105–362, title XIII, § 1301(c)(2)(C), Nov. 10, 1998, 112 Stat. 3293, struck out item 3906 ‘‘Reports’’. 1988—Pub. L. 100–496, § 9(b), Oct. 17, 1988, 102 Stat. 2463, added item 3905 and redesignated former items 3905 and 3906 as 3906 and 3907, respectively. § 3901. Definitions and application (a) In this chapter— (1) ‘‘agency’’ has the same meaning given that term in section 551(1) of title 5 and in- cludes an entity being operated, and the head of the agency identifies the entity as being op- erated, only as an instrumentality of the agen- cy to carry out a program of the agency. (2) ‘‘business concern’’ means— (A) a person carrying on a trade or busi- ness; and (B) a nonprofit entity operating as a con- tractor. (3) ‘‘proper invoice’’ is an invoice containing or accompanied by substantiating documenta- tion 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 pay- ment due date and the date upon which any late payment interest penalty shall begin to accrue, the head of the agency is deemed to re- ceive 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 in- voice; 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