USC Chapter 3

in effect

44 U.S.C. § 301 Director of the Government Publishing Office: appointment

(a) The President of the United States shall nominate and, by and with the advice and consent of the Senate, appoint a suitable person to take charge of and manage the Government Publishing Office. The title shall be Director of the Government Publishing Office. (b) The Director shall be appointed for a term of 10 years. (c) An individual appointed to the position of Director, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with subsections (a) and (b).

44 U.S.C. § 302 Deputy Director of the Government Publishing Office: appointment; duties

The Director of the Government Publishing Office shall appoint a suitable person to be the Deputy Director of the Government Publishing Office. The Deputy Director of the Government Publishing Office shall supervise the buildings occupied by the Government Publishing Office and perform any other duties required by the Director of the Government Publishing Office.

44 U.S.C. § 303 Director of the Government Publishing Office and Deputy Director of the Government Publishing Office: pay

The annual rate of pay for the Director of the Government Publishing Office 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 Director of the Government Publishing Office shall be a rate which is equal to the rate for level III of such Executive Schedule.

44 U.S.C. § 304 Director of the Government Publishing Office: vacancy in office

In case of the death, resignation, absence, or sickness of the Director of the Government Publishing Office, the Deputy Director of the Government Publishing Office shall perform the duties of the Director of the Government Publishing Office until a successor is appointed or the Director’s 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 Director of the Government Publishing Office 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.

44 U.S.C. § 305 Director of the Government Publishing Office: employees; pay

(a) The Director of the Government Publishing Office may employ journeymen, apprentices, laborers, and other persons necessary for the work of the Government Publishing Office at rates of wages and salaries, including compensation for night and overtime work, the Director considers for the interest of the Government and just to the persons employed, except as otherwise provided by this section. The Director of the Government Publishing Office 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 Publishing 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 Director of the Government Publishing Office 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 Director of the Government Publishing Office 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 Director of the Government Publishing Office may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work.

44 U.S.C. § 306 Director of the Government Publishing Office: employment of skilled workmen; trial of skill

The Director of the Government Publishing Office shall employ workmen who are thoroughly skilled in their respective branches of industry, as shown by trial of their skill under the direction of the Director.

44 U.S.C. § 307 Director of the Government Publishing Office: night work

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

44 U.S.C. § 308 Disbursing officer; deputy disbursing officer; certifying officers and employees

(a) The Director of the Government Publishing Office shall appoint from time to time a disbursing officer of the Government Publishing Office (including the Office of the Superintendent of Documents) who shall be under the direction of the Director of the Government Publishing Office. The disbursing officer shall (1) disburse moneys of the Government Publishing Office only upon, and in strict accordance with, vouchers certified by the Director of the Government Publishing Office or by an officer or employee of the Government Publishing Office authorized in writing by the Director of the Government Publishing Office 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 Publishing Office. (b)(1) Upon the death, resignation, or separation from office of the disbursing officer, the accounts of the disbursing officer may be continued, and payments and collection may be made in the name of the disbursing officer, by any individual designated as a deputy disbursing officer by the Director of the Government Publishing Office, 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 Publishing Office or the estate of the disbursing officer 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 the deputy disbursing officer under paragraph (1) of this subsection, and the deputy disbursing officer is liable for any default occurring during the service of the deputy disbursing officer under such paragraph. (c)(1) The Director of the Government Publishing Office may designate in writing officers and employees of the Government Publishing 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 such officer or employee, 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 the discretion of the Comptroller General, relieve such certifying officer or employee of liability for any payment otherwise proper whenever the Comptroller General 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 the Comptroller General 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.

44 U.S.C. § 309 Revolving fund for operation and maintenance of Government Publishing 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 Publishing 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 Director of the Government Publishing Office shall provide capital for the fund by capitalizing, at fair and reasonable values as jointly determined by the Director and the Comptroller General, the current inventories, plant, and building appurtenances, except building structures and land, equipment, and other assets of the Government Publishing 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 Publishing 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 Director of the Government Publishing Office 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 Publishing Office shall audit the financial and operational activities of the Government Publishing 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 Publishing Office as the Inspector General considers appropriate. The Inspector General shall furnish reports of the audits to the Congress and the Director of the Government Publishing Office. (e) The Director of the Government Publishing Office 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 Director of the Government Publishing Office, or (2) at the request of the Joint Committee on Printing, by the Inspector General of the Government Publishing Office. (f) The Comptroller General of the United States may audit the financial statement prepared under subsection (e) at the discretion of the Comptroller General 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.

44 U.S.C. § 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 Publishing Office shall pay promptly by check to the Director of the Government Publishing Office upon the written request of the Director, 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 Director of the Government Publishing Office 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 Director of the Government Publishing Office and the department or establishment concerned.

44 U.S.C. § 311 Purchases exempt from subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41; contract negotiation authority; small purchase threshold

(a) Purchases may be made from appropriations under the “Government Publishing Office” without reference to subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 concerning purchases for the Federal Government. (b) In addition to the authority to negotiate otherwise provided by law, the Director of the Government Publishing Office may negotiate purchases and contracts for supplies or services for which the Director of the Government Publishing Office determines that it is impracticable to secure competition by advertising. The Director of the Government Publishing Office may not award a contract under this subsection unless the Director 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 Publishing Office for at least 6 years after the date of the determination. The Director of the Government Publishing Office may designate one or more employees of the Government Publishing Office to carry out this subsection. (c) Notwithstanding any other provision of law, section 6101(b) to (d) of title 41 shall apply with respect to purchases and contracts for the Government Publishing Office as if the reference to “$25,000” in clause (1) of such section were a reference to “$100,000”.

44 U.S.C. § 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 the service of such officer, shall submit a detailed report of them to the Director of the Government Publishing Office. The Director of the Government Publishing Office, with the approval of the Joint Committee on Printing, may requisition such articles as are serviceable in the Government Publishing Office, and they shall be promptly delivered to that office.

44 U.S.C. § 313 Examining boards: paper; bindery materials; machinery

The Deputy Director of the Government Publishing Office, 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 Publishing Office. The Deputy Director of the Government Publishing Office, 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 Director of the Government Publishing Office, 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 Director of the Government Publishing Office, shall determine the condition of presses and other machinery and material used in the Government Publishing Office, with a view to condemnation.

44 U.S.C. § 314 Inks, glues, and other supplies furnished to other Government agencies: payment

Inks, glues, and other supplies manufactured by the Government Publishing 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.

44 U.S.C. § 315 Branches of Government Publishing Office; limitations

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

44 U.S.C. § 316 Detail of employees of Government Publishing Office to other Government establishments

An employee of the Government Publishing 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.

44 U.S.C. § 317 Special policemen

The Director of the Government Publishing Office or a delegate of the Director may designate employees of the Government Publishing 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 Publishing Office. Under regulations to be prescribed by the Director of the Government Publishing Office, 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 Director of the Government Publishing Office, including the removal from Government Publishing Office premises of individuals who violate such regulations. The jurisdiction of special policemen in premises occupied by or under the control of the Government Publishing Office and adjacent areas shall be concurrent with the jurisdiction of the respective law enforcement agencies where the premises are located.

44 U.S.C. § 318 Transfer of surplus property; acceptance of voluntary services

(a) The Director of the Government Publishing Office may—(1) transfer or donate surplus Government publications and condemned Government Publishing 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).