31 U.S.C. § 1322 — Untitled legal text

Page 171 TITLE 31—MONEY AND FINANCE § 1322 The Rock Creek and Potomac Parkway Commission, referred to in subsec. (a)(54), was abolished and its func- tions transferred to the Office of National Parks, Build- ings, and Reservations, Department of the Interior, by Ex. Ord. No. 6166, § 2, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. The name of the Office of National Parks, Buildings, and Reservations was changed to the ‘‘National Park Service’’ by act March 2, 1934, ch. 38, 48 Stat. 389. The District of Columbia Workmen’s Compensation Act, referred to in subsec. (a)(57), probably means the District of Columbia Unemployment Compensation Act, act Aug. 28, 1935, ch. 794, 49 Stat. 946, which is not classified to the Code. AMENDMENTS 2004—Subsec. (a)(59). Pub. L. 108–199 added par. (59). 1998—Subsec. (a)(92) to (94). Pub. L. 105–261 struck out pars. (92) to (94) which read as follows: ‘‘(92) Fisher House Trust Fund, Department of the Army. ‘‘(93) Fisher House Trust Fund, Department of the Air Force. ‘‘(94) Fisher House Trust Fund, Department of the Navy.’’ 1996—Subsec. (a)(92), (93). Pub. L. 104–106, § 914(c)(1), added pars. (92) and (93). Subsec. (a)(94). Pub. L. 104–201, § 1008(c)(1), added par. (94). Subsec. (b). Pub. L. 104–106, § 914(c)(2), designated ex- isting provisions as par. (1), substituted ‘‘Except as pro- vided in paragraph (2), amounts accruing to these funds’’ for ‘‘Amounts accruing to these funds (except to the trust fund ‘Armed Forces Retirement Home Trust Fund’)’’, struck out ‘‘Expenditures from the trust fund ‘Armed Forces Retirement Home Trust Fund’ shall be made only under annual appropriations and only if the appropriations are specifically authorized by law.’’ after second sentence, and added par. (2). Subsec. (b)(2)(D). Pub. L. 104–201, § 1008(c)(2), added subpar. (D). 1994—Subsec. (a)(91). Pub. L. 103–322 added par. (91). 1991—Subsec. (a)(45), (74), (82), (83). Pub. L. 102–54 sub- stituted ‘‘Department of Veterans Affairs’’ for ‘‘Vet- erans’ Administration’’, wherever appearing. 1990—Subsec. (a)(5). Pub. L. 101–510, § 1533(c)(1)(A)(i), substituted ‘‘Armed Forces Retirement Home Trust Fund’’ for ‘‘Personal funds of deceased inmates, Naval Home’’. Subsec. (a)(59), (81). Pub. L. 101–510, § 1533(c)(1)(A)(ii), struck out pars. (59) ‘‘Soldiers’ Home, permanent fund.’’ and (81) ‘‘Soldiers’ Home, interest account.’’ Subsec. (b). Pub. L. 101–510, § 1533(c)(1)(B), substituted ‘‘Armed Forces Retirement Home Trust Fund’’ for ‘‘Soldiers’ Home, Permanent Fund’’ in two places. 1989—Subsec. (b). Pub. L. 101–189 substituted ‘‘annual appropriations and only if the appropriations are spe- cifically authorized by law.’’ for ‘‘annual appropria- tions. Those appropriations are authorized to be made.’’ 1984—Subsec. (a)(12). Pub. L. 98–426 substituted ‘‘Longshore’’ for ‘‘Longshoremen’s’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title IX, § 906(f)(3), Oct. 17, 1998, 112 Stat. 2096, provided that: ‘‘The amendments made by this subsection [amending this section and repealing section 2221 of Title 10, Armed Forces] shall take effect 90 days after the date of the enactment of this Act [Oct. 17, 1998].’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title III, § 341(b), Nov. 29, 1989, 103 Stat. 1419, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to appropriations for the operation of the United States Soldiers’ and Airmen’s Home [now Armed Forces Retirement Home—Washington] made for fiscal years after fiscal year 1990.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters. INVESTMENT OF NATIONAL PARK SERVICE TRUST FUNDS Pub. L. 114–113, div. G, title I, Dec. 18, 2015, 129 Stat. 2533, provided in part that: ‘‘In fiscal year 2016 and each fiscal year thereafter, any amounts deposited into the National Park Service trust fund accounts (31 U.S.C. 1321(a)(l7)–(18)) shall be invested by the Secretary of the Treasury in interest bearing obligations of the United States to the extent such amounts are not, in his judg- ment, required to meet current withdrawals: Provided, That interest earned by such investments shall be available for obligation without further appropriation, to the benefit of the project.’’ TRUST FUNDS FOR INDIVIDUAL INDIANS Section 725s of former Title 31 (now this section) was modified by act June 25, 1936, ch. 814, 49 Stat. 1928, pro- viding that it shall not be applicable to funds held in trust for individual Indians, associations of individual Indians, or for Indian corporations chartered under sec- tions 5101 to 5103, 5107 to 5113, 5115, 5116, 5118, 5120, 5121, 5123 to 5125, and 5129 of Title 25, Indians. § 1322. Payments of unclaimed trust fund amounts and refund of amounts erroneously deposited (a) On September 30 of each year, the Sec- retary of the Treasury shall transfer to the Treasury trust fund receipt account ‘‘Unclaimed Moneys of Individuals Whose Whereabouts are Unknown’’ that part of the balance of a trust fund account named in section 1321(a)(1)–(82) of this title or an analogous trust fund established under section 1321(b) of this title that has been in the fund for more than one year and rep- resents money belonging to individuals whose whereabouts are unknown. Subsequent claims to the transferred funds shall be paid from the ac- count ‘‘Unclaimed Moneys of Individuals Whose Whereabouts are Unknown’’. (b) Except as provided in subsection (c) of this section, necessary amounts are appropriated to the Secretary of the Treasury to make pay- ments from— (1) the Treasury trust fund receipt account ‘‘Unclaimed Moneys of Individuals Whose Whereabouts are Unknown’’; and (2) the United States Government account ‘‘Refund of Moneys Erroneously Received and Covered’’ and other collections erroneously de- posited that are not properly chargeable to an- other appropriation. (c)(1) The Secretary of the Treasury shall hold in the Treasury trust fund receipt account ‘‘Un- claimed Moneys of Individuals Whose Where- abouts Are Unknown’’ the balance remaining after the final distribution of unclaimed Postal Savings System deposits under subsection (a) of the first section of the Act of August 13, 1971 (Public Law 92–117; 85 Stat. 337). The Secretary shall use the balance to pay claims for Postal Savings System deposits without regard to the State law or the law of other jurisdictions of de- posit concerning the disposition of unclaimed or abandoned property. Page 172 TITLE 31—MONEY AND FINANCE § 1323 (2) Necessary amounts may be appropriated without fiscal year limitation to the trust fund receipt account to pay claims for deposits when the balance in the account is not sufficient to pay the claims made within the time limitation set forth in paragraph (3) of this subsection. (3) No claim for any Postal Savings System deposit may be brought more than one year from the date of the enactment of the Postal Savings System Statute of Limitations Act. (4) The United States Postal Service shall as- sist the Secretary of the Treasury in providing public notice of the time limitation set forth in paragraph (3) of this subsection by posting no- tices thereof in all post offices as soon as prac- ticable after the date of the enactment of the Postal Savings System Statute of Limitations Act. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 922; Pub. L. 98–359, § 2, July 13, 1984, 98 Stat. 402.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1322(a) ..... 31:725s(a)(last sen- tence last pro- viso). June 26, 1934, ch. 756, § 20(a)(last sentence last proviso), 48 Stat. 1233; Apr. 21, 1976, Pub. L. 94–273, § 2(16), 90 Stat. 375. 1322(b) ..... 31:725p–1. June 30, 1949, ch. 286, § 101(par. under heading ‘‘Payments of Unclaimed Moneys’’), 63 Stat. 359. 31:725q–1. June 30, 1949, ch. 286, § 101(par. under heading ‘‘Refund of Moneys Erroneously Re- ceived and Covered’’), 63 Stat. 358. 1322(c) ..... 31:725p(note). Aug. 13, 1971, Pub. L. 92–117, 85 Stat. 337. In subsection (a), the words ‘‘directed to be estab- lished in section 725p of this title’’ are omitted as sur- plus. In subsection (b), before clause (1), the words ‘‘Sec- retary of the Treasury’’ are substituted for ‘‘Treasury Department’’ for consistency. The words ‘‘out of any money in the Treasury not otherwise appropriated’’ in 31:725q–1 are omitted as surplus. In clause (1), the words ‘‘of the character formerly chargeable to the appropria- tion accounts abolished under section 725p of this title’’ in 31:725p–1 are omitted as unnecessary because of the restatement. In clause (2), the words ‘‘United States Government account ‘Refund of Moneys Erroneously Received and Covered’ ’’ are substituted for ‘‘of the character formerly chargeable to the appropriation ac- counts abolished under section 725q of this title’’ in 31:725q–1 for clarity and to eliminate unnecessary words. In subsection (c)(1), the words ‘‘claims for . . . depos- its’’ are substituted for ‘‘claims by or on behalf of de- positors’’ to eliminate unnecessary words. The text of section 1(a) of the Act of August 13, 1971 (Pub. L. 92–117, 85 Stat. 337), is omitted as executed. Editorial Notes REFERENCES IN TEXT Subsection (a) of the first section of the Act of Au- gust 13, 1971 (Public Law 92–117; 85 Stat. 337), referred to in subsec. (c)(1), was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1081. The date of the enactment of the Postal Savings Sys- tem Statute of Limitations Act, referred to in subsec. (c)(3) and (4), is the date of enactment of Pub. L. 98–359, which was approved July 13, 1984. AMENDMENTS 1984—Subsec. (c)(1). Pub. L. 98–359 substituted provi- sion authorizing the balance to be held by the Sec- retary for provision authorizing the balance to be held by the Secretary in perpetuity. Subsec. (c)(2). Pub. L. 98–359 substituted reference to par. (3) of this subsection for reference to par. (1) of this subsection. Subsec. (c)(3), (4). Pub. L. 98–359 added pars. (3) and (4). § 1323. Trust funds for certain fees, donations, quasi-public amounts, and unearned amounts (a) Amounts from the following sources held in checking accounts of disbursing officials shall be deposited in the Treasury to the appropriate trust fund receipt accounts: (1) unearned money, lands (Department of the Interior). (2) reentry permit fees (Department of Jus- tice). (3) naturalization fees (Department of Jus- tice). (4) registry fees (Department of Justice). (b) Amounts deposited under subsection (a) of this section are appropriated for refunds. Earned parts of those amounts shall be transferred and credited to the appropriate receipt fund ac- counts. (c) Donations, quasi-public amounts, and un- earned amounts shall be deposited in the Treas- ury as trust funds and are appropriated for dis- bursement under the terms of the trusts when the donation or amount is— (1) administered by officers and employees of the United States Government; and (2) carried in checking accounts of dis- bursing officials or others required to account to the Comptroller General (except clerks and marshals of the United States district courts). (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 922.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1323(a), (b). 31:725r(less proviso). June 26, 1934, ch. 756, § 19, 48 Stat. 1232; Dec. 21, 1944, ch. 631, § 2, 58 Stat. 845. 1323(c) ..... 31:725r(proviso). In subsection (a), before clause (1), the words ‘‘Effec- tive July 1, 1935’’ are omitted as executed. In clauses (2)–(4), the words ‘‘Department of Justice’’ are sub- stituted for ‘‘Labor Department’’ (subsequently changed to ‘‘Justice Department’’ because of Reorga- nization Plan No. 5 of 1940 (eff. June 14, 1940, 54 Stat. 1238)) for consistency with title 28. The words related to Patent Office (subsequently changed to Patent and Trademark Office because of section 3 of the Act of January 2, 1975 (Pub. L. 93–596, 88 Stat. 1949)), are omitted as superseded by 35:42. In subsection (c), the words ‘‘officers and employees of the United States Government’’ are substituted for ‘‘officers of the United States by virtue of their official capacity’’ for consistency and to eliminate unnecessary words. § 1324. Refund of internal revenue collections (a) Necessary amounts are appropriated to the Secretary of the Treasury for refunding internal revenue collections as provided by law, includ- ing payment of— (1) claims for prior fiscal years; and (2) accounts arising under— (A) ‘‘Allowance or drawback (Internal Rev- enue)’’;