44 U.S.C.
United States Code, 2008 Edition
Title 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 3 - GOVERNMENT PRINTING OFFICE
From the U.S. Government Printing Office, www.gpo.gov

CHAPTER 3—GOVERNMENT PRINTING OFFICE

Sec.
301.
Public Printer: appointment.
302.
Deputy Public Printer: appointment; duties.
303.
Public Printer and Deputy Public Printer: pay.
304.
Public Printer: vacancy in office.
305.
Public Printer: employees; pay.
306.
Public Printer: employment of skilled workmen; trial of skill.
307.
Public Printer: night work.
308.
Disbursing officer; deputy disbursing officer; certifying officers and employees.
309.
Revolving fund for operation and maintenance of Government Printing Office: capitalization; reimbursements and credits; accounting and budgeting; reports.
310.
Payments for printing, binding, blank paper, and supplies.
311.
Purchases exempt from the Federal Property and Administrative Services Act; contract negotiation authority; small purchase threshold.
312.
Machinery, material, equipment, or supplies from other Government agencies.
313.
Examining boards: paper; bindery materials; machinery.
314.
Inks, glues, and other supplies furnished to other Government agencies: payment.
315.
Branches of Government Printing Office; limitations.
316.
Detail of employees of Government Printing Office to other Government establishments.
317.
Special policemen.
318.
Transfer of surplus property; acceptance of voluntary services.

        

Amendments

2003—Pub. L. 108–83, title I, §1302(b), Sept. 30, 2003, 117 Stat. 1034, added item 318.

1999—Pub. L. 106–57, title II, §210(c), Sept. 29, 1999, 113 Stat. 425, inserted “; small purchase threshold” after “authority” in item 311.

1985—Pub. L. 99–151, title III, §305(b)(2), Nov. 13, 1985, 99 Stat. 808, inserted “; contract negotiation authority” in item 311.

1975—Pub. L. 94–82, title II, §204(c)(2), Aug. 9, 1975, 89 Stat. 421, substituted “pay” for “compensation” in item 303.

1974—Pub. L. 93–459, §1(b), Oct. 20, 1974, 88 Stat. 1385, substituted “Disbursing officer; deputy disbursing officer; certifying officers and employees.” for “Disbursing officer: continuation and settlement of accounts during vacancy in office; responsibility for accounts; disbursements for Superintendent of Documents.” in item 308.

1972—Pub. L. 92–310, title II, §210(a)(3), June 6, 1972, 86 Stat. 204, struck out “; bond” in item 301.

1970—Pub. L. 91–359, §1(b), July 31, 1970, 84 Stat. 668, added item 317.

Federal Records Management Provisions Without Effect on Chapter

Authority and responsibilities under chapter not limited or repealed by Federal Records Management Amendments of 1976, see section 5(b) of Pub. L. 94–575, set out as a note under section 2901 of this title.

§301. Public Printer: appointment

The President of the United States shall nominate and, by and with the advice and consent of the Senate, appoint a suitable person, who must be a practical printer and versed in the art of bookbinding, to take charge of and manage the Government Printing Office. His title shall be Public Printer.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239; Pub. L. 92–310, title II, §210(a)(1), (2), June 6, 1972, 86 Stat. 204.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §31 (Jan. 12, 1895, ch. 23, §17, 28 Stat. 603; June 12, 1917, ch. 27, §1, 40 Stat. 173; Feb. 20, 1923, ch. 98, 42 Stat. 1278; Mar. 4, 1925, ch. 549, §1, 43 Stat. 1299; May 29, 1928, ch. 909, 45 Stat. 1006).

Changes are made in phraseology.

Amendments

1972—Pub. L. 92–310 struck out “; bond” in section catchline, and provisions from text which required the Public Printer to give a bond in the sum of $25,000.

§302. Deputy Public Printer: appointment; duties

The Public Printer shall appoint a suitable person, who must be a practical printer and versed in the art of bookbinding, to be the Deputy Public Printer. He shall perform the duties formerly required of the chief clerk, supervise the buildings occupied by the Government Printing Office, and perform any other duties required of him by the Public Printer.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §39 (May 27, 1908, ch. 200, §1, 35 Stat. 382).

Phraseology is changed to conform with section 301 of this revision.

§303. Public Printer and Deputy Public Printer: pay

The annual rate of pay for the Public Printer shall be a rate which is equal to the rate for level II of the Executive Schedule under subchapter II of chapter 53 of title 5. The annual rate of pay for the Deputy Public Printer shall be a rate which is equal to the rate for level III of such Executive Schedule.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239; Pub. L. 94–82, title II, §204(c)(1), Aug. 9, 1975, 89 Stat. 421; Pub. L. 101–520, title II, §209, Nov. 5, 1990, 104 Stat. 2274; Pub. L. 108–83, title I, §1301(a), Sept. 30, 2003, 117 Stat. 1033.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §39a (Pub. L. 88–426, title II, §203(c), (d), Aug. 14, 1964, 78 Stat. 415, as amended Pub. L. 90–206, title II, §219(2), (3), Dec. 16, 1967, 81 Stat. 639.)

References in Text

Levels II and III of the Executive Schedule, referred to in text, are set out in sections 5313 and 5314, respectively, of Title 5, Government Organization and Employees.

Amendments

2003—Pub. L. 108–83 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The annual rate of pay for the Public Printer shall be a rate which is equal to the rate for level III of the Executive Schedule of subchapter II of chapter 53 of Title 5. The annual rate of pay for the Deputy Public Printer shall be a rate which is equal to the rate for level IV of such Executive Schedule.”

1990—Pub. L. 101–520 amended section generally. Prior to amendment, section read as follows: “The annual rate of pay for the Public Printer shall be a rate which is equal to the rate for level IV of the Executive Schedule of subchapter II of chapter 53 of title 5. The annual rate of pay for the Deputy Public Printer shall be a rate which is equal to the rate for level V of such Executive Schedule.”

1975—Pub. L. 94–82 substituted “pay” for “compensation” in section catchline, and substituted provisions setting the rate of pay for the Public Printer at a rate equal to the rate for level IV of the Executive Schedule and the rate of pay for Deputy Public Printer at a rate equal to the rate for level V of such Schedule for provisions setting the compensation of the Public Printer and the Deputy Public Printer at the rate of $28,750 and $27,500 per annum, respectively.

Effective Date of 2003 Amendment

Pub. L. 108–83, title I, §1301(b), Sept. 30, 2003, 117 Stat. 1033, provided that: “The amendment made by this section [amending this section] shall take effect on the first day of the first applicable pay period beginning on or after the date of enactment of this Act [Sept. 30, 2003].”

Salary Increases

1987—Salaries of Public Printer and Deputy Public Printer increased respectively to $77,500 and $72,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

1977—Salaries of the Public Printer and Deputy Public Printer increased respectively to $50,000 and $47,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2.

1969—Salaries of the Public Printer and Deputy Public Printer increased respectively from $28,750 and $27,500 to $38,000 and $36,000 per annum, commencing on the first day of the pay period which begins after Feb. 14, 1969, on recommendation of the President of the United States, see note set out under section 358 of Title 2.

§304. Public Printer: vacancy in office

In case of the death, resignation, absence, or sickness of the Public Printer, the Deputy Public Printer shall perform the duties of the Public Printer until a successor is appointed or his absence or sickness ceases; but the President may direct any other officer of the Government, whose appointment is vested in the President by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the Public Printer ceases. A vacancy occasioned by death or resignation may not be filled temporarily under this section for longer than ten days, and a temporary appointment, designation, or assignment of another officer may not be made except to fill a vacancy happening during a recess of the Senate.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §32 (Jan. 12, 1895, ch. 23, §36, 28 Stat. 606; May 27, 1908, ch. 200, §1, 35 Stat. 382.)

§305. Public Printer: employees; pay

(a) The Public Printer may employ journeymen, apprentices, laborers, and other persons necessary for the work of the Government Printing Office at rates of wages and salaries, including compensation for night and overtime work, he considers for the interest of the Government and just to the persons employed, except as otherwise provided by this section. He may not employ more persons than the necessities of the public work require nor more than four hundred apprentices at one time. The minimum pay of journeymen printers, pressmen, and bookbinders employed in the Government Printing Office shall be at the rate of 90 cents an hour for the time actually employed. Except as provided by the preceding part of this section the rate of wages, including compensation for night and overtime work, for more than ten employees of the same occupation shall be determined by a conference between the Public Printer and a committee selected by the trades affected, and the rates and compensation so agreed upon shall become effective upon approval by the Joint Committee on Printing. When the Public Printer and the committee representing the trade fail to agree as to wages, salaries, and compensation, either party may appeal to the Joint Committee on Printing, and the decision of the Joint Committee is final. The wages, salaries, and compensation so determined are not subject to change oftener than once a year.

(b) The Public Printer may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 91–167, Dec. 26, 1969, 83 Stat. 453; Pub. L. 91–369, July 31, 1970, 84 Stat. 693.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §40 (Jan. 12, 1895, ch. 23, §§39, 49, 50, 28 Stat. 607, 608; June 6, 1900, ch. 791, §1, 31 Stat. 643; Mar. 4, 1909, ch. 299, §1, 35 Stat. 1021, 1024; Aug. 24, 1912, ch. 355, §1, 37 Stat. 482; July 8, 1918, ch. 139, §1, 40 Stat. 836; Aug. 2, 1919, ch. 30, 41 Stat. 272; Feb. 20, 1923, ch. 98, 42 Stat. 1278; June 7, 1924, ch. 354, §1, 43 Stat. 658).

Last sentence of this section was deleted as executed.

Amendments

1970—Pub. L. 91–369 designated existing provisions as subsec. (a) and added subsec. (b).

1969—Pub. L. 91–167 substituted “four hundred” for “two hundred” as the number of apprentices which the Public Printer may employ at one time.

Repeals

General repealer of provisions inconsistent with Pub. L. 92–392 as not repealing or affecting this section, see section 13 of Pub. L. 92–392, set out as a note under section 5341 of Title 5, Government Organization and Employees.

Voluntary Separation Incentives

Pub. L. 105–275, title III, §309, Oct. 21, 1998, 112 Stat. 2454, as amended by Pub. L. 107–68, title II, §210(a), Nov. 12, 2001, 115 Stat. 590, provided that:

“(a) Severance Pay.—[Amended section 5595 of Title 5, Government Organization and Employees.]

“(b) Early Retirement.—(1) This subsection applies to an employee of the Government Printing Office who—

“(A) voluntarily separates from service on or after the date of enactment of this Act [Oct. 21, 1998] and before October 1, 2004; and

“(B) on such date of separation—

“(i) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5, United States Code; or

“(ii) has completed 20 years of such service and is at least 50 years of age.

“(2) Notwithstanding any provision of chapter 83 or 84 of title 5, United States Code, an employee described under paragraph (1) is entitled to an annuity which shall be computed consistent with the provisions of law applicable to annuities under section 8336(d) or 8414(b) of title 5, United States Code.

“(c) Voluntary Separation Incentive Payments.—(1) In this subsection, the term ‘employee’ means an employee of the Government Printing Office, serving without limitation, who has been currently employed for a continuous period of at least 12 months, except that such term shall not include—

“(A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government;

“(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A); or

“(C) an employee who is employed on a temporary when actually employed basis.

“(2) Notwithstanding any other provision of law, in order to avoid or minimize the need for involuntary separations due to a reduction in force, reorganization, transfer of function, or other similar action affecting the agency, the Public Printer shall establish a program under which voluntary separation incentive payments may be offered to encourage eligible employees to separate from service voluntarily (whether by retirement or resignation) during the period beginning on the date of the enactment of this Act [Oct. 21, 1998] through September 30, 2004.

“(3) Such voluntary separation incentive payments shall be paid in accordance with the provisions of section 5597(d) of title 5, United States Code. Any such payment shall not be a basis of payment, and shall not be included in the computation, of any other type of Government benefit.

“(4)(A) Not later than January 15, 1999, the Public Printer shall submit a plan described under subparagraph (C) to the Joint Committee on Printing (or any applicable successor committees).

“(B) No voluntary separation incentive payment may be paid under this section unless the Public Printer submits a plan described under subparagraph (C) to the Joint Committee on Printing (or any applicable successor committees) and the Joint Committee on Printing approves the plan (or such successor committees approve the plan).

“(C) The plan referred to under subparagraph (B) shall include—

“(i) the positions and functions to be reduced or eliminated, identified by organizational unit, occupational category, and pay or grade level;

“(ii) the number and amounts of voluntary separation incentive payments to be offered; and

“(iii) a description of how the Government Printing Office will operate without the eliminated positions and functions.

“(5)(A) In addition to any other payments which the Public Printer is required to make under subchapter III of chapter 83 of title 5, United States Code, the Public Printer shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section.

“(B) For the purpose of this paragraph, the term ‘final basic pay’, with respect to an employee—

“(i) means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay; and

“(ii) includes an appropriate adjustment to the amount computed under clause (i) if the employee is last serving on other than a full-time basis.

“(6)(A) Subject to subparagraph (B), an employee who has received a voluntary separation incentive payment under this section and accepts employment with the Government of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay the entire amount of the incentive payment to the agency that paid the incentive payment.

“(B)(i) If the employment is with an Executive agency (as defined by section 105 of title 5, United States Code), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.

“(ii) If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.

“(iii) If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.

“(C) For purposes of subparagraph (A) (but not subparagraph (B)), the term ‘employment’ includes employment under a personal services contract with the United States.

“(7) Not later than January 15, 1999, the Public Printer shall prescribe regulations to carry out this subsection.

“(d) Retraining, Job Placement, and Counseling Services.—(1) In this subsection, the term ‘employee’—

“(A) means an employee of the Government Printing Office; and

“(B) shall not include—

“(i) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; or

“(ii) an employee who is employed on a temporary when actually employed basis.

“(2) The Public Printer may establish a program to provide retraining, job placement, and counseling services to employees and former employees.

“(3) A former employee may not participate in a program established under this subsection, if—

“(A) the former employee was separated from service with the Government Printing Office for more than 1 year; or

“(B) the separation was by removal for cause on charges of misconduct or delinquency.

“(4) Retraining costs for the program established under this subsection may not exceed $5,000 for each employee or former employee.

“(e) Administrative Provisions.—(1) The Public Printer—

“(A) may use employees of the Government Printing Office to establish and administer programs and carry out the provisions of this section; and

“(B) may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, to carry out such provisions—

“(i) not subject to the 1 year of service limitation under such section 3109(b); and

“(ii) at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

“(2) Funds to carry out subsections (a) and (c) may be expended only from funds available for the basic pay of the employee who is receiving the applicable payment.

“(3) Funds to carry out subsection (d) may be expended from any funds made available to the Public Printer.”

[Pub. L. 107–68, title II, §210(b), Nov. 12, 2001, 115 Stat. 590, provided that: “The amendments made by this section [amending section 309 of Pub. L. 105–275, set out above] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 1999 [Pub. L. 105–275].”]

§306. Public Printer: employment of skilled workmen; trial of skill

The Public Printer shall employ workmen who are thoroughly skilled in their respective branches of industry, as shown by trial of their skill under his direction.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §41 (Jan. 12, 1895, ch. 23, §45, 28 Stat. 607).

§307. Public Printer: night work

The Public Printer shall cause the public printing in the Government Printing Office to be done at night as well as through the day, when the exigencies of the public service require it.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §42 (Jan. 12, 1895, ch. 23, §47, 28 Stat. 607).

§308. Disbursing officer; deputy disbursing officer; certifying officers and employees

(a) The Public Printer shall appoint from time to time a disbursing officer of the Government Printing Office (including the Office of the Superintendent of Documents) who shall be under the direction of the Public Printer. The disbursing officer shall (1) disburse moneys of the Government Printing Office only upon, and in strict accordance with, vouchers certified by the Public Printer or by an officer or employee of the Government Printing Office authorized in writing by the Public Printer to certify such vouchers, (2) make such examination of vouchers as may be necessary to ascertain whether they are in proper form, certified, and approved, and (3) be held accountable accordingly. However, the disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which, under subsection (c) of this section, is imposed upon a certifying officer or employee of the Government Printing Office.

(b)(1) Upon the death, resignation, or separation from office of the disbursing officer, his accounts may be continued, and payments and collection may be made in his name, by any individual designated as a deputy disbursing officer by the Public Printer, for a period of time not to extend beyond the last day of the second month following the month in which the death, resignation, or separation occurred. Accounts and payments shall be allowed, audited, and settled, and checks signed in the name of the former disbursing officer by a deputy disbursing officer shall be honored in the same manner as if the former disbursing officer had continued in office.

(2) A former disbursing officer of the Government Printing Office or his estate may not be subject to any legal liability or penalty for the official accounts or defaults of the deputy disbursing officer acting in the name or in the place of the former disbursing officer. Each deputy disbursing officer is responsible for accounts entrusted to him under paragraph (1) of this subsection, and the deputy disbursing officer is liable for any default occurring during his service under such paragraph.

(c)(1) The Public Printer may designate in writing officers and employees of the Government Printing Office to certify vouchers for payment from appropriations and funds. Such officers and employees shall (A) be responsible for the existence and correctness of the facts recited in the certificate or other voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved, (B) be responsible and accountable for the correctness of the computations of certified vouchers, and (C) be accountable for, and required to make restitution to, the United States for the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. However, the Comptroller General of the United States, may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds that (i) the certification was based on the official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts, or (ii) when the obligation was incurred in good faith, the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment. The Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.

(2) The liability of such certifying officers or employees shall be enforced in the same manner and to the same extent as provided by law with respect to the enforcement of the liability of disbursing and other accountable officers. Such certifying officers and employees shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 92–310, title II, §210(b), June 6, 1972, 86 Stat. 204; Pub. L. 93–459, §1(a), Oct. 20, 1974, 88 Stat. 1384; Pub. L. 95–473, §2(a)(5), Oct. 17, 1978, 92 Stat. 1466; Pub. L. 97–258, §3(m)(1), Sept. 13, 1982, 96 Stat. 1066.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §§52a, 63, 73 (part) (June 25, 1910, ch. 384, §1, 36 Stat. 770; Feb. 20, 1923, ch. 98, 42 Stat. 1278; Pub. L. 86–31, May 26, 1959, 73 Stat. 60).

The last paragraph of this section is from former section 73; the remainder of that section will be found in section 1702 of the revision.

Paragraph (a) deleted as executed.

Amendments

1982—Subsec. (c)(1). Pub. L. 97–258 substituted “section 3726 of title 31” for “section 244 of title 31”.

1978—Subsec. (c)(1). Pub. L. 95–473 substituted “section 244 of title 31” for “section 66 of title 49”.

1974—Pub. L. 93–459 substituted “Disbursing officer; deputy disbursing officer; certifying officers and employees” for “Disbursing officer: continuation and settlement of accounts during vacancy in office; responsibility for accounts; disbursements for Superintendent of Documents” in section catchline.

Subsec. (a). Pub. L. 93–459 added subsec. (a). Former subsec. (a) redesignated (b)(1).

Subsec. (b)(1). Pub. L. 93–459 redesignated provisions of former subsec. (a) as subsec. (b)(1) and substituted “by any individual designated as a deputy disbursing officer by the Public Printer” for “by the deputy disbursing officer or officers designated by the Public Printer”.

Subsec. (b)(2). Pub. L. 93–459 redesignated provisions of former subsec. (b) as subsec. (b)(2) and substituted “paragraph (1) of this subsection” for “subsection (a) of this section”, and “under such paragraph” for “under subsection (a) of this section”.

Subsec. (c). Pub. L. 93–459 added subsec. (c). Former subsec. (c), relating to disbursements on account of salaries or other expenses of the office of the Superintendent of Documents, was struck out.

1972—Subsec. (b). Pub. L. 92–310 struck out provisions which related to sureties on official bonds.

§309. Revolving fund for operation and maintenance of Government Printing Office: capitalization; reimbursements and credits; accounting and budgeting; reports

(a) The revolving fund of $1,000,000 established July 1, 1953, is available without fiscal year limitation, for—

the operation and maintenance of the Government Printing Office (except for those programs of the Superintendent of Documents which are funded by specific appropriations), including rental of buildings;

attendance at meetings;

maintenance and operation of the emergency room;

uniforms or uniform allowances;

boots, coats, and gloves;

repairs and minor alterations to buildings; and

expenses authorized in writing by the Joint Committee on Printing for inspection of Government printing activities.


In addition, the Public Printer shall provide capital for the fund by capitalizing, at fair and reasonable values as jointly determined by him and the Comptroller General, the current inventories, plant, and building appurtenances, except building structures and land, equipment, and other assets of the Government Printing Office.

(b) The fund shall be—

(1) reimbursed for the cost of all services and supplies furnished, including those furnished other appropriations of the Government Printing Office, at rates which include charges for overhead and related expenses, depreciation of plant and building appurtenances, except building structures and land, and equipment, and accrued leave; and

(2) credited with all receipts including sales of Government publications, waste, condemned, and surplus property and with payments received for losses or damage to property.


(c) An adequate system of accounts for the fund shall be maintained on the accrual method, and financial reports prepared on the basis of the accounts. The Public Printer shall prepare and submit an annual business-type budget program for the operations under this fund. This budget program shall be considered and enacted as prescribed by section 9104 of title 31.

(d) The Inspector General of the Government Printing Office shall audit the financial and operational activities of the Government Printing Office each year. The audits shall be conducted under the direction of the Joint Committee on Printing. For purposes of the audits, the Inspector General shall have such access to the records, files, personnel, and facilities of the Government Printing Office as the Inspector General considers appropriate. The Inspector General shall furnish reports of the audits to the Congress and the Public Printer.

(e) The Public Printer shall prepare an annual financial statement meeting the requirements of section 3515(b) of title 31, United States Code. Each financial statement shall be audited in accordance with applicable generally accepted Government auditing standards—

(1) by an independent external auditor selected by the Public Printer, or

(2) at the request of the Joint Committee on Printing, by the Inspector General of the Government Printing Office.


(f) The Comptroller General of the United States may audit the financial statement prepared under subsection (e) at his or her discretion or at the request of the Joint Committee on Printing. An audit by the Comptroller General shall be in lieu of the audit otherwise required by that subsection.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1241; Pub. L. 93–604, title VII, §707, Jan. 2, 1975, 88 Stat. 1965; Pub. L. 97–258, §3(m)(2), Sept. 13, 1982, 96 Stat. 1066; Pub. L. 100–458, title III, §310, Oct. 1, 1988, 102 Stat. 2184; Pub. L. 101–163, title III, §309, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 101–520, title II, §207, Nov. 5, 1990, 104 Stat. 2274; Pub. L. 103–69, title II, §207(a), Aug. 11, 1993, 107 Stat. 707; Pub. L. 104–316, title I, §123(a), Oct. 19, 1996, 110 Stat. 3839.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §63, 63a (Aug. 1, 1953, ch. 304, title I, §101, 67 Stat. 330; Aug. 5, 1955, ch. 568, §101, 69 Stat. 519; June 27, 1956, ch. 453, §101, 70 Stat. 369); §63a (July 28, 1967, Pub. L. 90–57, §101 (part), 81 Stat. 141).

Amendments

1996—Subsec. (d). Pub. L. 104–316, §123(a)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Comptroller General shall audit the activities of the Government Printing Office at least once every 3 years and shall furnish reports of such audits to the Congress and the Public Printer. For these purposes the Comptroller General shall have such access to the records, files, personnel, and facilities of the Government Printing Office as he considers necessary.”

Subsecs. (e), (f). Pub. L. 104–316, §123(a)(2), added subsecs. (e) and (f).

1993—Subsec. (b). Pub. L. 103–69 substituted “shall be—” for “shall be:” in introductory provisions, inserted “and” at end of par. (1), substituted a period for “; and” at end of par. (2), and struck out par. (3) which read as follows: “charged with payment into miscellaneous receipts of the Treasury of that part of the receipts from the sales of Government publications required by law.”

1990—Subsec. (a). Pub. L. 101–520 substituted “uniforms or uniform allowances” for “uniforms, or allowances therefor, as authorized by section 5901 of Title 5”.

1989—Subsec. (a). Pub. L. 101–163 struck out “not to exceed $3,000 in any fiscal year” after “attendance at meetings”.

1988—Subsec. (a). Pub. L. 100–458, §310(a), substituted in the first sentence “(except for those programs of the Superintendent of Documents which are funded by specific appropriations),” for “, except the Office of Superintendent of Documents”.

Subsec. (c). Pub. L. 100–458, §310(b), substituted “This budget program shall be considered and enacted as prescribed by section 9104 of title 31.” for “The Comptroller General shall audit the activities of the Government Printing Office at least once in every three years and shall furnish reports of such audits to the Congress and the Public Printer. For these purposes the Comptroller General shall have such access to the records, files, personnel, and facilities of the Government Printing Office as he considers necessary.”

Subsec. (d). Pub. L. 100–458, §310(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Commencing with the fiscal year 1969, the annual business-type budget for the fund shall be considered and enacted as prescribed by section 9104 of title 31.”

1982—Subsec. (d). Pub. L. 97–258 substituted “section 9104 of title 31” for “section 849 of title 31”.

1975—Subsec. (c). Pub. L. 93–604 substituted provisions that the Comptroller General shall audit the activities of the Government Printing Office at least once in every three years and furnish reports of the audits to the Congress and the Public Printer for provisions that the General Accounting Office shall audit the activities of the Government Printing Office and furnish an audit report annually to the Congress and the Public Printer.

Effective Date of 1993 Amendment

Section 207(c) of Pub. L. 103–69 provided that: “The amendments made by subsections (a) and (b) [amending this section and section 1708 of this title] shall take effect on October 1, 1993.”

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 23rd item on page 4 identifies a reporting provision which, as subsequently amended, is contained in subsec. (d) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

Federal Register Program; Use of Revolving Fund; Reimbursement

Title II of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law, provided in part: “That hereafter the revolving fund shall be available to finance the costs of printing and binding all other publications of the Federal Register program and be reimbursed from appropriated funds available therefor”.

§310. Payments for printing, binding, blank paper, and supplies

An executive department or independent establishment of the Government ordering printing and binding or blank paper and supplies from the Government Printing Office shall pay promptly by check to the Public Printer upon his written request, either in advance or upon completion of the work, all or part of the estimated or actual cost, as the case may be, and bills rendered by the Public Printer are not subject to audit or certification in advance of payment. Adjustments on the basis of the actual cost of delivered work paid for in advance shall be made monthly or quarterly and as may be agreed by the Public Printer and the department or establishment concerned.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1241.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §230 (Aug. 1, 1953, ch. 304, title I, §101, 67 Stat. 331).

§311. Purchases exempt from the Federal Property and Administrative Services Act; contract negotiation authority; small purchase threshold

(a) Purchases may be made from appropriations under the “Government Printing Office” without reference to subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) concerning purchases for the Federal Government.

(b) In addition to the authority to negotiate otherwise provided by law, the Public Printer may negotiate purchases and contracts for supplies or services for which the Public Printer determines that it is impracticable to secure competition by advertising. The Public Printer may not award a contract under this subsection unless he justifies the use of negotiation in writing and certifies the accuracy and completeness of the justification. The justification shall set out facts and circumstances that clearly and convincingly establish that advertising would not be practicable for such contract. Such a justification is final and a copy thereof shall be maintained in the Government Printing Office for at least 6 years after the date of the determination. The Public Printer may designate one or more employees of the Government Printing Office to carry out this subsection.

(c) Notwithstanding any other provision of law, section 3709 of the Revised Statutes (41 U.S.C. 5) shall apply with respect to purchases and contracts for the Government Printing Office as if the reference to “$25,000” in clause (1) of such section were a reference to “$100,000”.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242; Pub. L. 99–151, title III, §305(a), (b)(1), Nov. 13, 1985, 99 Stat. 808; Pub. L. 106–57, title II, §210(a), (b), Sept. 29, 1999, 113 Stat. 425; Pub. L. 107–217, §3(l)(1), Aug. 21, 2002, 116 Stat. 1301.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §64 (Aug. 1, 1953, ch. 304, title I, §102, 67 Stat. 332).

Reference to Printing Act of 1895 deleted as superseded by section 309.

References in Text

The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (§251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40, Public Buildings, Property, and Works, and Tables.

Amendments

2002—Subsec. (a). Pub. L. 107–217 substituted “subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” for “the Federal Property and Administrative Services Act, approved June 30, 1949, as amended,”.

1999—Pub. L. 106–57, §210(b), inserted “; small purchase threshold” after “authority” in section catchline.

Subsec. (c). Pub. L. 106–57, §210(a), added subsec. (c).

1985—Pub. L. 99–151, §305(b)(1), inserted “; contract negotiation authority” in section catchline.

Pub. L. 99–151, §305(a), designated existing provisions as subsec. (a) and added subsec. (b).

§312. Machinery, material, equipment, or supplies from other Government agencies

An officer of the Government having machinery, material, equipment, or supplies for printing, binding, and blank-book work, including lithography, photolithography, and other processes of reproduction, no longer required or authorized for his service, shall submit a detailed report of them to the Public Printer. The Public Printer, with the approval of the Joint Committee on Printing, may requisition such articles as are serviceable in the Government Printing Office, and they shall be promptly delivered to that office.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §59 (July 19, 1919, ch. 24, §3, 41 Stat. 233).

§313. Examining boards: paper; bindery materials; machinery

The Deputy Public Printer, the superintendent of printing, and a person designated by the Joint Committee on Printing, shall constitute a board to examine and report in writing on paper delivered under contract, or by purchase or otherwise, at the Government Printing Office.

The Deputy Public Printer, the superintendent of binding, and a person designated by the Joint Committee on Printing shall constitute a board to examine and report in writing on material, except paper, for the use of the bindery.

The Deputy Public Printer, the superintendent of printing, and a person designated by the Joint Committee on Printing shall constitute a board of condemnation, who, upon the call of the Public Printer, shall determine the condition of presses and other machinery and material used in the Government Printing Office, with a view to condemnation.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.)

Historical and Revision Notes

Based on U.S. Code, 1964 ed., §49 (Jan. 12, 1895, ch. 23, §20, 28 Stat. 603; May 27, 1908, ch. 200, §1, 35 Stat. 382; June 7, 1924, ch. 303, §1, 43 Stat. 509).

§314. Inks, glues, and other supplies furnished to other Government agencies: payment

Inks, glues, and other supplies manufactured by the Government Printing Office in connection with its work may be furnished to departments and other establishments of the Government upon requisition, and payment made from appropriations available.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §62 (June 30, 1932, ch. 314; pt. I, §1, 47 Stat. 397).

§315. Branches of Government Printing Office; limitations

Money appropriated by any Act may not be used for maintaining more than one branch of the Government Printing Office in any one building occupied by an executive department of the Government, and a branch of the Government Printing Office may not be established unless specifically authorized by law.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §61 (Aug. 1, 1914, ch. 223, §1, 38 Stat. 673).

§316. Detail of employees of Government Printing Office to other Government establishments

An employee of the Government Printing Office may not be detailed to duties not pertaining to the work of public printing and binding in an executive department or other Government establishment unless expressly authorized by law.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1242.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §47 (June 25, 1910, ch. 384, §1, 36 Stat. 770).

§317. Special policemen

The Public Printer or his delegate may designate employees of the Government Printing Office to serve as special policemen to protect persons and property in premises and adjacent areas occupied by or under the control of the Government Printing Office. Under regulations to be prescribed by the Public Printer, employees designated as special policemen are authorized to bear and use arms in the performance of their duties; make arrest for violations of laws of the United States, the several States, and the District of Columbia; and enforce the regulations of the Public Printer, including the removal from Government Printing Office premises of individuals who violate such regulations. The jurisdiction of special policemen in premises occupied by or under the control of the Government Printing Office and adjacent areas shall be concurrent with the jurisdiction of the respective law enforcement agencies where the premises are located.

(Added Pub. L. 91–359, §1(a), July 31, 1970, 84 Stat. 668.)

§318. Transfer of surplus property; acceptance of voluntary services

(a) The Public Printer may—

(1) transfer or donate surplus Government publications and condemned Government Printing Office machinery, material, equipment, and supplies to—

(A) other Federal entities;

(B) any organization described under section 501(c)(3) or (4) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of such Code; or

(C) State or local governments; and


(2) accept voluntary and uncompensated services, notwithstanding section 1342 of title 31.


(b) Individuals providing voluntary and uncompensated services under subsection (a)(2) shall not be considered Federal employees, except for purposes of chapter 81 of title 5 (relating to compensation for work injuries) and chapter 171 of title 28 (relating to tort claims).

(Added Pub. L. 108–83, title I, §1302(a), Sept. 30, 2003, 117 Stat. 1033.)