§3113 — Title 31 Money and Finance | U.S. Code

Summary

The Treasury Secretary and the Administrator of General Services may take gifts that must be used to lower the public debt. The Treasury can accept money given only to reduce the debt, government debt papers given only to be canceled and retired, and other non‑physical items that must be sold and the money used to reduce the debt. The General Services Administrator can accept physical property that must be sold and the sale money used to reduce the debt. Either official may refuse a gift if that is best for the government. Accepted gifts must be turned into cash on the best terms. If gift or inheritance tax is due, the Treasury or the Administrator may pay it from the gift proceeds. The money goes into a Treasury account and is used to pay off, redeem, or buy government debt. Any debt paid that way must be canceled and not reissued. The Treasury Secretary must redeem certain government securities received as gifts, under trust, or paid to the government at the owner’s death.

Title 31, §3113

Money and Finance — Source: USLM XML via OLRC

(a)To provide the people of the United States with an opportunity to make gifts to the United States Government to be used to reduce the public debt—

(1)the Secretary of the Treasury may accept for the Government a gift of—

(A)money made only on the condition that it be used to reduce the public debt;

(B)an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; and

(C)other intangible personal property made only on the condition that the property is sold and the proceeds from the sale used to reduce the public debt; and

(2)the Administrator of General Services may accept for the Government a gift of tangible property made only on the condition that it be sold and the proceeds from the sale be used to reduce the public debt.

(b)The Secretary and the Administrator each may reject a gift under this section when the rejection is in the interest of the Government.

(c)The Secretary and the Administrator shall convert a gift either of them accepts under subsection (a)(1)(C) or (2) of this section to money on the best terms available. If a gift accepted under subsection (a) of this section is subject to a gift or inheritance tax, the Secretary or the Administrator may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift.

(d)The Treasury has an account into which money received as gifts and proceeds from the sale or redemption of gifts under this section shall be deposited. The Secretary shall use the money in the account to pay at maturity, or to redeem or buy before maturity, an obligation of the Government included in the public debt. An obligation of the Government that is paid, redeemed, or bought with money from the account shall be canceled and retired and may not be reissued. Money deposited in the account is appropriated and may be expended to carry out this section.

(e)(1)The Secretary shall redeem a direct obligation of the Government bearing interest or sold on a discount basis on receiving it when the obligation—

(A)is given to the Government;

(B)becomes the property of the Government under the conditions of a trust; or

(C)is payable on the death of the owner to the Government (or to an officer of the Government in the officer’s official capacity).

(2)If the gift or transfer to the Government is subject to a gift or inheritance tax, the Secretary shall pay the tax out of the proceeds of redemption.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3113(a)31:901(less (b)(proviso)).June 27, 1961, Pub. L. 87–58, 75 Stat. 119. 3113(b)31:901(b)(proviso). 3113(c)31:902, 903. 3113(d)31:904. 3113(e)31:757e.Sept. 24, 1917, ch. 56, 40 Stat. 288, § 24; added Apr. 3, 1945, ch. 51, § 4, 59 Stat. 48. In subsection (a), before clause (1), the words “In order” are omitted as surplus. The words “To provide” are substituted for “to afford” for clarity. The words “for the purpose” are omitted as unnecessary. In clauses (1) and (2), the word “for” is substituted for “on behalf of” for consistency. The word “realized” is omitted as surplus. In clause (2), the word “tangible” is substituted for “real or personal” to eliminate unnecessary words. In subsections (b) and (c), the words “as the case may be” are omitted as unnecessary. In subsection (c), the words “under applicable law” are omitted as surplus. In subsection (d), the words “on the books of” and “special” are omitted as surplus. The words “proceeds from the sale or redemption of gifts” are substituted for “all money received as a result of the conversion into money of gifts of property other than money received” for clarity and consistency. In subsection (e)(1), the word “Secretary” is substituted for “Treasurer of the United States” because of the source provisions restated in section 321(c) of the revised title. In clause (A), the word “given” is substituted for “is donated . . . is bequeathed by will” to eliminate unnecessary words. In clause (B), the word “conditions” is substituted for “terms” for consistency in the revised title and with other titles of the United States Code. In clause (C), the words “by its terms” are omitted as surplus. In subsection (e)(2), the words “under applicable law” and “bequest” are omitted as surplus. The words “and shall deposit the balance in the Treasury as miscellaneous receipts or as otherwise authorized by law” are omitted as surplus because of section 3302(a) of the revised title. The text of 31:757e(last sentence) is omitted because of the restatement.

§3113 Accepting Gifts

Summary

Title 31, §3113

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata