23, 1943 if before such suit was filed such person had in his possession and voluntarily disclosed to the Attorney General substantial evidence and information which was not theretofore in the possession of the Department of Justice. (D) In any suit whether or not on appeal pending on December 23, 1943, brought under this section, the court in which such suit is pending shall stay all further proceedings, and shall forthwith cause written notice, by registered mail, to be given the Attorney General that such suit is pending, and the Attorney General shall have sixty days from the date of such notice to appear and carry on such suit in accordance with clause (C). (E) (1) In any such suit, if carried on by the United States as herein provided, the court may award to the person who brought such suit, out of the proceeds of such suit or any settlement of any claim involved therein, which shall be collected, an amount which in the judgment of the court is fair and reasonable compensation to such person for disclosure of the information or evidence not in the possession of the United States when such suit was brought. Any such award shall in no event exceed one-tenth of the proceeds of such suit or any settlement theerof. (2) In any such suit when not carried on by the United States as herein provided, whether heretofore or hereafter brought, the court may award to the person who brought such suit and prosecuted it to final judgment, or to settlement, as provided in clause (B), out of the proceeds of such suit or any settlement of any claim involved therein, which shall be collected, an amount, not in excess of one-fourth of the proceeds of such suit or any settlement thereof, which in the judgment of the court is fair and reasonable compensation to such person for the collection of any forfeiture and damages; and such person shall be entitled to receive to his own use such reasonable expenses as the court shall find to have been necessarily incurred and all costs the court may award against the defendant, to be allowed and taxed according to any provision of law or rule of court in force, or that shall be in force in suits between private parties in said court: Provided, That such person shall be liable for all costs incurred by himself in such case and shall have no claim therefor on the United States. (R. S. § 3491; June 25, 1936, ch. 804, 49 Stat. 1921; Dec. 23, 1943, ch. 377, § 1, 57 Stat. 608.) § 233. Duty of district attorney as to such cases-It shall be the duty of the several district attorneys of the United States for the respective districts for the District of Columbia, and for the several Territories, to be diligent in inquiring into any violation of the provisions of section 231 of this title by persons. liable to such suit, and found within their respective districts or Territories, and to cause them to be proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the sum of $2,000, and twice the amount of damages sworn to in the affidavit of the person bringing the suit. (R. S. § 3492.) DERIVATION Act Mar. 2, 1863, ch. 67, § 5, 12 Stat. 698. § 235. Limitation of suit.-Every such suit shall be commenced within six years from the commission of the act, and not afterward. (R. S. § 3494.) DERIVATION Act Mar. 2, 1863, ch. 67, § 7, 12 Stat. 698. 8 236. Meritorious claims against United States not subject to lawful adjustment; submission to Congress by Comptroller General. When there is filed in the General Accounting Office a claim or demand against the United States that may not lawfully be adjusted by the use of an appropriation theretofore made, but which claim or demand in the judgment of the Comptroller General of the United States contains such elements of legal liability or equity as to be deserving of the consideration of the Congress, he shall submit the same to the Congress by a special report containing the material facts and his recommendation thereon. (Apr. 10, 1928, ch. 334, 45 Stat. 413.) CROSS REFERENCE For limitations of time on claims and demands see section 71a of this title. THE PUBLIC MONEYS § 481. Bond of special agents.-Whenever it becomes necessary for the head of any department or office to employ special agents, other than officers of the Army or Navy, who may be charged with the disbursement of public moneys, such agents shall, before entering upon duty, give bond in such form and with such security as the head of the department or office employing them may approve. (R. S. § 3614.) DERIVATION Act Aug. 4, 1854, ch. 242, § 14, 10 Stat. 573. § 482.-Collectors of public moneys to pay over. All collectors and receivers of public money of every description, within the District of Columbia, shall, as often as they may be directed by the Secretary of the Treasury or the Postmaster General so to do, pay over to the Treasurer of the United States, at the Treasury, all public moneys collected by them or in their hands. All such collectors and receivers of public moneys within the cities of New York, Boston, Philadelphia, New Orleans, San Francisco, Baltimore, Charleston, and Saint Louis shall, upon the same direction, pay over to the designated depositary in their respective cities, at such offices, respectively, all the public moneys collected by them, or in their hands; to be safely kept by the respective depositaries, until otherwise disposed of according to law. It shall be the duty of the Secretary and Postmaster General, respectively, to direct such payments by collectors and receivers, at least as often as one in each week, and as much oftener as they may think proper. (R. S. § 3615; May 29, 1920, ch. 214, § 1, 41 Stat. 654.) DERIVATION Act Aug. 6, 1846, ch. 90, § 9, 9 Stat. 61; act Feb. 12, 1873, ch. 131. § 65, 17 Stat. 435. § 483. Marshals and district attorneys paying into Treasury.All marshals, district attorneys, and other persons than those mentioned in section 482 of this title, having public money to pay to the United States, may pay the same to any depositary constituted by or in pursuance of law, which may be designated by the Secretary of the Treasury. (R. S. § 3616.) DERIVATION Act Aug. 6, 1846, ch. 90, § 15, 9 Stat. 62; act July 8, 1870, ch. 230, § 111, 16 Stat. 216. § 484. Deposit without deduction. The gross amount of all moneys received from whatever source for the use of the United States, except as otherwise provided in section 487 of this title, shall be paid by the officer or agent receiving the same into the Treasury, at as early a day as practicable, without any abatement or deduction on account of salary, fees, costs, charges, expenses, or claim of any description whatever. But nothing herein shall affect any provision relating to the revenues of the of the Post Office Department. (R. S. § 3617.) DERIVATION Act Mar. 3, 1849, ch. 110, § 1, 9 Stat. 398; act Sept. 28, 1850, ch. 78, § 3, 9 Stat. 507. § 485. Receipts from private messages sent over Government lines. All moneys received for the transmission of private dispatches over any and all telegraph lines owned or operated by the United States, shall be paid into the Treasury of the United States, as required by section 484 of this title. (Mar. 3, 1883, ch. 143, 22 Stat. 616.) § 487. Proceeds of sales of material.—All proceeds of sales of old material, condemned stores, supplies, or other public property of any kind, except the proceeds of the sale or leasing of marine hospitals, or the sale of Coast Guard cutters, or the sales of commissary stores to the officers and enlisted men of the Army, or of materials, stores, or supplies sold to officers and soldiers of the Army or of the sale of condemned Navy clothing, or of sales of materials, stores, or supplies to any exploring or surveying expedition authorized by law, shall be deposited and covered into the Treasury as miscellaneous receipts, on account of "proceeds of Government property", and shall not be withdrawn or applied, except in consequence of a subsequent appropriation made by law. Under such regulations as the Secretary of War may prescribe, the commanding officers of mounted units of the National Guard may sell all stable refuse and empty grain sacks and containers at public or private sale and apply the proceeds derived therefrom to the purchase of feed, supplementing the regular allowance and issue for the animals of the said units, and for the purchase of stable equipment, and horseshoers', saddlers', blacksmiths', and wagoners' tools not an article of issue to such organizations. (R. S. § 3618; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 249; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Oct. 14, 1940, ch. 875, § 4, 54 Stat. 1136.) DERIVATION Act Mar. 3, 1847, ch. 48, § 1, 9 Stat. 171; act Apr. 20, 1866, ch. 63, §§ 1, 2, 14 Stat. 40; act July 28, 1866, ch. 299, § 25, 14 Stat. 336; act May 3, 1872, ch. 140, § 5, 17 Stat. 83; act June 8, 1872, ch. 348, 17 Stat. 337. 489. Payment of expenses of sales from proceeds. From the proceeds of sales of old material, condemned stores, supplies, or other public property of any kind, before being deposited into the Treasury, either as miscellaneous receipts on account of "proceeds of Government property" or to the credit of the appropriations to which such proceeds are by law authorized to be made, there may be paid the expenses of such sales, as approved by the General Accounting Office, so as to require only the net proceeds of such sales to be deposited into the Treasury, either as miscellaneous receipts or to the credit of such appropriations, as the case may be. (June 8, 1896, ch. 373, § 1, 29 Stat. 268; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) § 490. Penalty for withholding money.-Every officer or agent who neglects or refuses to comply with the provisions of section 484 of this title shall be subject to be removed from office, and to forfeit to the United States any share or part of the moneys withheld, to which he might otherwise be entitled. (R. S. § 3619.) DERIVATION Act July 18, 1866, ch. 201, § 40, 14 Stat. 187. § 492. Duty of disbursing officers.-Except as otherwise provided by law it shall be the duty of every disbursing officer having any public money entrusted to him for disbursement, to deposit the same with the Treasurer or with one of the depositaries of the United States mentioned in section 476 of this title, and to draw for the same only as it may be required for payments to be made by him in pursuance of law and draw for the same only in favor of the persons to whom payment is made; and all transfers from the Treasurer of the United States to a disbursing officer shall be by draft or warrant on the Treasury. In places, however, where there is no treasurer or depositary, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in wriitng the deposit of such public money in any other public depositary, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors. (R. S. § 3620; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 249; May 29, 1920, ch. 214, § 1, 41 Stat. 654, 655.) DERIVATION Act June 14, 1866, ch. 122, § 1, 14 Stat. 64. § 495. Deposit of moneys with public depositary; receipts; postal revenues.-Every person who shall have moneys of the United States in his hands or possession, and disbursing officers having moneys in their possession not required for current expenditure, shall pay the same to the Treasurer, or some public depositary of the United States, without delay, and in all cases within thirty days of their receipt. And the Treasurer or the public depositary shall issue duplicate receipts for the moneys so paid, transmitting forthwith the original to the Secretary of the Treasury, and delivering the duplicate to the depositor: Provided, That postal revenues and debts due to the Post Office Department shall be paid into the Treasury in the manner required by law. (R. S. § 3621; May 28, 1896, ch. 252, § 5, 29 Stat. 179; May 29, 1920, ch. 214, § 1, 41 Stat. 654, 655.) DERIVATION Act Mar. 3, 1857, ch. 114, § 3, 11 Stat. 249. § 496. Accounts.-Except as otherwise provided, every officer or agent of the United States who receives public money which he is not authorized to retain as salary, pay or emolument, shall render his accounts monthly. Such accounts, with the vouchers necessary to the correct and prompt settlement thereof, shall be sent by mail, or otherwise, to the bureau to which they pertain, within ten days after the expiration of each successive month, and, after examination there, shall be passed to the General Accounting Office for settlement. Disbursing officers of the Navy shall, however, render their accounts and vouchers direct to the General Accounting Office. In case of the nonreceipt at the General Accounting Office or proper bureau of any accounts within a reasonable and proper time thereafter, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this section. Nothing contained in this section shall, however, be construed to restrain the heads of any of the departments from requiring such other returns or reports from the officer or agent, subject to the control of such heads of departments, as the public interest may require. (R. S. § 3622; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 249; July 31, 1894, ch. 174, § 12, 28 Stat. 209; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) § 498. Same; distinct accounts required.-All officers, agents, or other perosns receiving public moneys shall render distinct accounts of the application thereof, according to the appropriation under which the same may have been advanced to them. (R. S. § 3623.) DERIVATION Act Mar. 3, 1809, ch. 28, § 1, 2 Stat. 535. § 505. Suits to recover money from officers.-Whenever any person accountable for public money neglects or refuses to pay into the Treasury the sum or balance reported to be due to the United States, upon the adjustment of his account, the Department of Justice shall institute suit for the recovery of the same, adding to the sum stated to be due on such account, the commissions of the delinquent, which shall be forfeited in every instance where suit is commenced and judgment obtained thereon, and an interest of 6 per centum per annum, from the time of receiving the money until it shall be repaid into the Treasury. (R. S. § 3624; June 10, 1921, ch. 18, § 304, 42 Stat. 24; Ex. Ord. No. 6166, § 5, June 10, 1933.) DERIVATION Act Mar. 3, 1797, ch. 20, § 1, 1 Stat. 512. TRANSFER OF FUNCTIONS Function of prosecuting in the courts claims and demands by the Government of the United States transferred to Department of Justice, see Ex. |