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§ 528. Duplicates for lost, stolen, destroyed, mutilated or defaced checks.

(a) Issuance of duplicates; bond of indemnity; liability for erroneous issuance.

Except as provided in this section, whenever it is clearly proved to the satisfaction of the Secretary of the Treasury that any original check of the United States is lost, stolen, or wholly or partly destroyed, or is so mutilated or defaced as to impair its value to its owner or holder, the Secretary of the Treasury is authorized to issue to the owner or holder thereof against funds available for the payment of the original check a substitute showing such information as may be necessary to identify the original check, upon receipt and approval by the Secretary of the Treasury of an undertaking to indemnify the United States, in such form and amount and with such surety, sureties or security, if any, as the Secretary of the Treasury may require; but no such substitute shall be payable if the original check shall first have been paid: Provided, That nothing contained in this section shall be deemed to relieve any certifying officer or any disbursing officer of any liability to the United States on account of any payment resulting from the erroneous issuance of the original check.

(c) Checks drawn on depositaries in foreign countries or United States Territories and possessions; liability for erroneous issuance.

Notwithstanding the provisions of subsections (a) and (b) of this section whenever it is clearly proved to the satisfaction of the Secretary of the Treasury that any original check of the United States drawn on a depositary in a foreign country or a Territory or possession of the United States, including the Panama Canal Zone, is lost, stolen, or wholly or partly destroyed, or is so mutilated or defaced as to impair its value to its owner or holder, the drawer of the original check or such other officer or employee of the United States as may be authorized by the Secretary of the Treasury with the concurrence of the head of the department or agency upon whose behalf the original check was issued is authorized, prior to the close of the fiscal year next following the fiscal year in which the check was issued, to issue to the owner or holder thereof a substitute under current date showing such information as may be necessary to identify the original check, drawn against the account of the drawer of the original check or such other account as may be available for the payment of such substitute, upon the receipt and approval by the Secretary of the Treasury of an undertaking, to indemnify the United States, in such form and amount and with such surety, sureties, or security, if any, as the Secretary of the Treasury may require; but no such substitute shall be payable if the original check shall first have been paid. Nothing contained in this section shall be deemed to relieve any certifying officer or any disbursing officer of any liability to the United States on account of any payment resulting from the erroneous issuance of the original check.

(As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (s), 86 Stat. 211.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-310, § 231 (s) (1), eliminated from the proviso references to the sureties of a certifying or disbursing officer.

Subsec. (c). Pub. L. 92-310, § 231 (s) (2), eliminated from the last sentence reference to the sureties of a certifying or disbursing officer.

§ 529. Advances of public moneys; prohibition against. CROSS REFERENCES

Urban mass transportation grants, advance or progress payments on account of, notwithstanding this section, see section 1603 of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 475; title 5 section 3381; title 10 section 2127; title 20 section 1221e; title 21 section 1118; title 22 section 287e-1; title 33 section 1254; title 42 sections 286d, 287b, 295f-2, 2951-4, 295f-6, 296d; 300d-5, 300e-2, 300e-3, 4101; title 49 section 66. § 533. Repealed. Pub. L. 92-310, title II, § 231(u), June 6, 1972, 86 Stat. 211.

Section, act June 3, 1902, ch. 985, 32 Stat. 303, related to advances of public money from the appropriations for the Department of Agriculture to only certain bonded persons.

§ 534. Same; Forest Service for fighting forest fires in emergency cases.

Advances of money under any appropriation for the Forest Service may be made to the Forest Service and by authority of the Secretary of Agriculture to chiefs of field parties for fighting forest fires in emergency cases and detailed accounts arising under such advances shall be rendered through and by the Department of Agriculture to the General Accounting Office. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (v), 86 Stat. 211.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required chiefs of field parties to give bonds.

§ 535. Advances from appropriation "Boundary line, Alaska and Canada, and the United States and Canada."

Advances of money under the appropriation "Boundary line, Alaska and Canada, and the United States and Canada", may be made to the commissioner on the part of the United States and by his authority to chiefs of parties and accounts arising under advances shall be rendered through and by the commissioner on the part of the United States to the General Accounting Office as under advances made to chiefs of parties prior to March 2, 1921. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (aa), 86 Stat. 212.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required chiefs of parties to give bonds.

§ 546. Appropriations for construction of public buildings; disbursement.

All disbursements of money appropriated for the construction of public buildings under the control of the Treasury Department shall be made by the Treasury Department at Washington, District of Columbia, except in cases of public buildings located so remote from the seat of government as to occasion hardship by undue delay in making payments to contractors. In every such exceptional case the Secretary of the Treasury may, in his discretion, require the collector of customs at or nearest the place

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where such building is being constructed to make the disbursement, as provided in section 5536 of Title 5, but in such exceptional cases no additional compensation shall be paid to any collector of customs for disbursements made under this section; and no compensation or commissions shall be allowed for the disbursement of any appropriation for the construction, extension, enlargement, remodeling, or repairs of any public building under the control of the Treasury Department, except to disbursing agents appointed before March 4, 1911. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(y), 86 Stat. 212.)

REFERENCES IN TEXT

"Section 5536 of Title 5" was substituted for "section seventeen hundred and sixty-five of the Revised Statutes of the United States (5 U.S.C. 70)" on authority of section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5, Government Organization and Employees.

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which related to disbursing agents appointed before March 4, 1911 and who qualified by giving bonds.

§ 550. Advances to Coast and Geodetic Survey.

Advances of money from available appropriations may be made to the Coast and Geodetic Survey and by authority of the Director thereof to chiefs of parties and accounts arising under such advances shall be rendered through and by the disbursing officer of the Coast and Geodetic Survey to the General Accounting Office as under advances made to chiefs of parties prior to June 1, 1918. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (z), 86 Stat. 212.) AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required chiefs of parties to give bonds.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed, of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

§ 551. Use of public moneys for expenses of conventions or other assemblages.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 3764.

NONESSENTIAL FEDERAL EXPENDITURES

§ 571. Joint Committee on Reduction of Nonessential Federal Expenditures.

(a) Establishment; composition; appointment; vacancies; quorum; majority voting.

There is hereby established a committee to investigate Federal expenditures (hereinafter referred to as the "committee"), to be composed of (1) three members of the Senate Committee on Finance and three members of the Senate Committee on Appropriations, to be appointed by the President of the Senate; (2) three members of the House Committee on Ways and Means and three members of the House Committee on Appropriations, to be appointed by the Speaker of the House of Representatives; and (3) the Secretary of the Treasury, and the Director of the Office of Management and Budget. A vacancy in the committee shall not affect the power of the remaining members to execute the functions of the committee, and shall be filled in the same manner

as the original selection. A majority of the committee shall constitute a quorum, and the powers conferred upon them by this section may be exercised by a majority vote.

(b) Duties of Joint Committee; report to President and Congress.

It shall be the duty of the committee to make a full and complete study and investigation of all expenditures of the Federal Government with a view to recommending the elimination or reduction of all such expenditures deemed by the committee to be nonessential. The committee shall report to the President and to the Congress the results of its study, together with its recommendations, at the earliest practicable date.

(c) Hearings; sessions; actions; employment of experts and clerical and other assistants; process for attendance of witnesses and production of books, papers, and documents; administration of oaths; taking testimony; expenditures of Joint Committee; failure to comply with subpena.

The committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings, to sit and act at such times and places, to employ such experts and such clerical and other assistants, to require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents to administer such oaths, to take such testimony, and to make such expenditures, as it deems advisable. The provisions of sections 192 to 194 of Title 2, shall apply in case of any failure of any witness to comply with any supena, or to testify when summoned under the authority of this section.

(d) Utilization of services, information, facilities, and personnel of departments and agencies of the Government.

The committee is authorized to utilize the services, information, facilities, and personnel of the departments and agencies of the Government.

(e) Authorization of appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

(f) Termination of authority.

All authority conferred by this section shall terminate upon the submission of the committee's final report. (Sept. 20, 1941, ch. 412, title VI, § 601, 55 Stat. 726, amended Oct. 21, 1965, Pub. L. 89-284, title VI, § 601, 79 Stat. 1026.)

AMENDMENTS

1965 Subsec. (e). Pub. L. 89-284 substituted appropriations authorization of necessary sums for prior appropriations authorization of $10,000, or so much thereof as may be necessary, to carry out the provisions of this section.

TRANSFER OF FUNCTIONS

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by section 102 of 1970 Reorg. Plan No. 2; the records, property, personnel, and funds of the Bureau of the Budget were transferred to the Office of Management and Budget by section 103 of 1970 Reorg. Plan No. 2; and all functions vested by law

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581c-1. Reports on impounded funds [New].

665b.

700d.

(a) Presidential reports to Congress; information required.

(b) Subsequent Presidential reports to Congress; additional information required. (c) Transmittal dates; acceptance of reports when Senate or House of Representatives not in session.

(d) Presidential reports to Comptroller General.

(e) Publication in Federal Register. Litigation involving right to unexpended funds returned to general fund of the Treasury [New]. Veterans Administration; settlement of construction contracts prohibited without independent audit as to reasonableness and appropriateness and specific provision in Appropriation Act [New].

GENERAL PROVISIONS

§ 581b. Prior approval by agency head of requests for legislation authorizing appropriations.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 581c. Adjustment of appropriations in connection with reorganizations.

(b) Transfer of functions between departments or establishments.

When under authority of law a function or activity is transferred or assigned from one department or establishment to another department or establishment, the balance of appropriations which are determined by the President to be available and necessary to finance or discharge the function or activity so transferred or assigned, shall be transferred to and be available for use by the department or establishment to which said function or activity is transferred or assigned for any purpose for which said funds were originally available. Balances so transferred shall be credited to any applicable existing appropriation account or accounts, or to any new appropriation account or accounts, which are hereby authorized to be established, and shall be merged with funds in the applicable existing or newly established appropriation account or accounts and thereafter accounted for as one fund. (Sept. 12, 1950, ch. 946, title II, § 202, 64 Stat. 838.)

DELEGATION OF FUNCTIONS

Authority of the President under this section to approve the transfers of balances of appropriations provided for in subsecs. (a) and (b) of this section delegated to the Director of the Office of Mangement and Budget, see

section 9(3) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

OIL POLICY COMMITTEE

Section 6 of Ex. Ord. No. 11703, Feb. 7, 1973, 38 F.R. 3579, set out as a note under section 1862 of Title 19, Customs Duties, provides for the transfer of appropriations, allocations, personnel, etc., from the Director of the Office of Emergency Preparedness to the Chairman of the Oil Policy Committee respecting the oil import control program.

§ 581c-1. Reports on impounded funds.

(a) Presidential reports to Congress; information required.

On or before the dates set forth in subsection (c) of this section, the President shall transmit to the Congress a report on funds impounded during the periods specified in such subsection containing the following information with respect to each impoundment:

(1) the amount of the funds impounded; (2) the date on which the funds were ordered to be impounded;

(3) the date the funds were impounded;

(4) any department or establishment of the Government to which such impounded funds would have been available for obligation except for such impoundment;

(5) the period of time during which the funds are to be impounded;

(6) the reasons for the impoundment; and

(7) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the impoundment.

(b) Subsequent Presidential reports to Congress; additional information required.

The reports transmitted pursuant to subsection (a) of this section for the second, third, and fourth periods of a fiscal year shall also contain the following information:

(1) any revisions in the information transmitted with respect to any impoundment for any prior period of the fiscal year, and

(2) a cumulative statement, by program, activity, or project and by the department or establshment of the Government, of impoundments since the beginning of the fiscal year, including impoundments during the period for which the report is transmitted.

(c) Transmittal dates; acceptance of reports when Senate or House of Representatives not in session.

The first report for any fiscal year shall be transmitted on or before October 15 of such year and shall cover the period through September 30 of such year. The second and third reports for any fiscal year shall be submitted on or before the fifteenth and ninetieth days, respectively, after the submission of the Budget for such fiscal year and shall cover the periods through the date of the submission of the Budget and seventy-five days after such date, respectively. The Fourth Report for any fiscal year shall be submitted on or before July 15 following the close of such fiscal year and shall cover the remainder of the fiscal year. If on the day of transmittal of any report pursuant to subsection (a) of this section, the Senate or the House of Representatives, or both, are not in session, the Secretary of

the Senate or the Clerk of the House of Representatives is authorized to receive such report for the Senate or the House of Representatives, as the case may be.

(d) Presidential reports to Comptroller General.

The President shall transmit to the Comptroller General of the United States a copy of each report transmitted pursuant to subsection (a) of this section on the same day on which such report is transmitted to the Congress.

(e) Publication in Federal Register.

Each report transmitted pursuant to subsection (a) of this section shall be printed in the first issue of the Federal Register published after the date on which such report is transmitted. (Sept. 12, 1950, ch. 946, title II, § 203, as added Oct. 27, 1972, Pub. L. 92-599, title IV, § 402, 86 Stat. 1325, and amended Mar. 8, 1973, Pub. L. 93-9, § 3, 87 Stat. 7.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-9 substituted introductory text "On or before the dates set forth in subsection (c) of this section, the President shall transmit to the Congress a report on funds impounded during the periods specified in such subsection containing the following information with respect to each impoundment", for "If any funds are appropriated and then partially or completely impounded, the President shall promptly transmit to the Congress and to the Comptroller General of the United States a report containing the following

information".

Subsec. (b). Pub. L. 93-9 added subsec. (b). Former subsec. (b) provided for prompt Presidential transmission to the Congress and to the Comptroller General of a supplementary report stating and explaining each revision of transmitted information.

Subsec. (c). Pub. L. 93-9 added subsec. (c). Former subsec. (c) redesignated (e).

Subsec. (d). Pub. L. 93-9 added subsec. (d). Former subsec. (a) of this section provided in part for Presidential transmission of an information report to the Congress and the Comptroller General.

Subsec. (e). Pub. L. 93-9 redesignated former subsec. (c) as (e) and substituted "Each report transmitted pursuant to subsection (a) of this section" and "after the date on which such report is transmitted", for "Any report or supplementary report transmitted under this section" and "after that report or supplementary report is so transmitted".

EFFECTIVE DATE OF 1973 AMENDMENT

Section 4 of Pub. L. 93-9 provided that: "This joint resolution [amending this section] shall be effective March 1, 1973."

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All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 624. Statements accompanying estimates.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President

of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 638a. Restrictions on purchase, operation, use and maintenance of passenger motor vehicles and aircraft.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 1138a. SECTION REFERRED TO IN D.C. CODE

This section is referred to in D.C. Code, § 40-501a.

§ 638c. Same; maximum purchase price of motor vehicles; exceptions.

Unless otherwise specifically provided, the maximum amount allowable in accordance with section 638a of this title, for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $2,100 except station wagons for which the maximum shall be $2,400. (Pub. L. 93-143, title VI, § 601, Oct. 30, 1973, 87 Stat. 524.)

SIMILAR PROVISIONS

Section is from the Treasury, Postal Service, and General Government Appropriation Act, 1974, Pub. L. 93-143. Similar provisions were contained in the following prior Appropriation Acts:

1972-July 13, 1972, Pub. L. 92-351, title VI, § 601, 86 Stat. 487.

1971-July 9, 1971, Pub. L. 92-49, title VI, § 601, 85 Stat. 122.

§ 638f. Same; Department of Defense.

Funds appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. (Pub. L. 93-194, § 105, Dec. 20, 1973, 87 Stat. 768.)

SIMILAR PROVISIONS

Section is from the Military Construction Appropriation Act, 1974. Similar provisions were contained in the following prior appropriation acts:

1972-Pub. L. 92-547, § 105, Oct. 25, 1972, 86 Stat. 1158. 1971-Pub. L. 92-160, § 105, Nov. 18, 1971, 85 Stat. 484.

§ 649a. Appropriations of Air Force, Army, and Navy available for pay and allowances of prisoners of war and similar persons.

REPEATED

Pub. L. 92-204, title VII, § 705, Dec. 18, 1971, 85 Stat. 727; Pub. L. 92-570, title VII, § 705, Oct. 26, 1972, 86 Stat. 1196; Pub. L. 93-238, title VII, § 705, Jan. 2, 1974, 87 Stat. 1038.

§ 649c. Availability of military appropriations for military equipment and supplies, construction of public works, and research and development. Unless otherwise provided in the appropriation Act concerned, moneys appropriated to the Department of Defense (1) for the procurement of technical military equipment and supplies and the construction of public works, including moneys appropriated to the Department of the Navy for the procurement and construction of guided missiles, remain available until spent, and (2) for research and development remain available for obligation for a period of two successive fiscal years. (As amended Nov. 17, 1971, Pub. L. 92-156, title II, § 201(b), 85 Stat. 424.)

AMENDMENTS

1971-Pub. L. 92-156 substituted "Department of Defense" for "Departments of the Army, Navy, or Air

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(g) Administrative division of apportionment; simplification of system for subdividing funds.

Any appropriation which is apportioned or reapportioned pursuant to this section may be devided and subdivided administratively within the limits of such apportionments or reapportionments. The officer having administrative control of any such appropriation available to the legislative branch, the judiciary, or the District of Columbia, and the head of each agency, subject to the approval of the Director of the Office of Management and Budget, shall prescribe, by regulation, a system of administrative control (not inconsistent with any accounting procedures prescribed by or pursuant to law) which shall be designed to (A) restrict obligations or expenditures against each appropriation to the amount of apportionments or reapportionments made for each such appropriation, and (B) enable such officer or agency head to fix responsibility for the creation of any obligation or the making of any expenditure in excess of an apportionment or reapportionment. In order to have a simplified system for the administrative subdivision of appropriations or funds, each agency shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative subdivision for each appropriation or fund affecting such unit.

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TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 575; title 15 sections 687j; 2076.

§ 665b. Litigation involving right to unexpended funds
returned to general fund of the Treasury.
Any provision of law which requires unexpended
funds to return to the general fund of the Treasury
at the end of the fiscal year shall not be held to
affect the status of any lawsuit or right of action
involving the right to those funds. (Pub. L. 93-52,
§ 111, July 1, 1973, 87 Stat. 134.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 29 section 987.

§ 679. Expenditure from appropriations for private telephone service.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 287e.

§ 686. Purchase or manufacture of stores or materials or performance of services by bureau or department of another bureau or department.

FEDERAL SERVICES FOR DISTRICT GOVERNMENT AND DISTRICT SERVICES FOR Federal GovERNMENT

Pub. L. 93-198, title VIII, § 731, Dec. 24, 1973, 87 Stat. 822, effective Jan. 2, 1975 if title IV of Pub. 93-198 [District Charter] is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum, reads as follows:

"(a) For the purpose of preventing duplication of effort or for the purpose of otherwise promoting efficiency and economy, any Federal officer or agency may furnish services to the District government and any District officer or agency may furnish services to the Federal Government. Except where the terms and conditions governing the furnishing of such services are prescribed by other provisions of law, such services shall be furnished pursuant to an agreement (1) negotiated by the Federal and District authorities concerned, and (2) approved by the Director of the Federal Office of Management and Budget and by the Mayor. Each such agreement shall provide that the cost of furnishing such services shall be borne in the manner provided in subsection (c) by the government to which such services are furnished at rates or charges based on the actual cost of furnishing such services.

"(b) For the purpose of carrying out any agreement negotiated and approved pursuant to subsection (a), any District officer or agency may in the agreement delegate any of his or its functions to any Federal officer or agency, and any Federal officer or agency may in the agreement delegate any of his or its functions to any District officer or agency. Any function so delegated may be exercised in accordance with the terms of the delegation.

"(c) The cost to each Federal officer and agency in furnishing services to the District pursuant to any such agreement are authorized to be paid, in accordance with the terms of the agreement, out of appropriations available to the District officers and agencies to which such services are furnished. The costs to each District officer and agency in furnishing services to the Federal Government pursuant to any such agreement are authorized to be paid, in accordance with the terms of the agreement, out of appropriations made by the Congress or other funds available to the Federal officers and agencies to which such services are furnished, except that the Chief of the Metropolitan Police shall on a nonreimbursable basis when requested by the Director of the United States Secret Service assist the Secret Service and the Executive Protection Service in the performance of their respective duties under section 3056 of title 18 of the United States Code and section 302 of title 3 of the United States Code."

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