Page:United States Statutes at Large Volume 115 Part 2.djvu/203

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1187 "(B) to establish, or otherwise have, a physical presence on the property or premises of any private sector entity for the purposes of performing the contract; or "(C) to act as agents for the Government in the recovery of funds erroneously paid to contractors. "(7) Policies for the appropriate types of management improvement programs authorized by section 3564 of this title that executive agencies may carry out to address overpayment problems and the recovery of overpayments. "§ 3562. Disposition of recovered funds " (a) AVAILABILITY OF FUNDS FOR RECOVERY AUDITS AND ACTIVI- TIES PROGRAM.—Funds collected under a program carried out by an executive agency under section 3561 of this title shall be available to the executive agency for the following purposes: "(1) To reimburse the actual expenses incurred by the executive agency in the administration of the program. "(2) To pay contractors for services under the program in accordance with the guidance issued under section 3561(c)(5) of this title. "(b) FUNDS NOT USED FOR PROOHAM.Any amounts erroneously paid by an executive agency that are recovered under such a program of an executive agency and are not used to reimburse expenses or pay contractors under subsection (a)— "(1) shall be credited to the appropriations from which the erroneous payments were made, shall be merged with other amounts in those appropriations, and shall be available for the purposes and period for which such appropriations are available; or "(2) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts. " (c) PRIORITY OF OTHER AUTHORIZED DISPOSITIONS.—Notwithstanding subsection (b), the authority under such subsection may not be exercised to use, credit, or deposit funds collected under such a program as provided in that subsection to the extent that any other provision of law requires or authorizes the crediting of such funds to a nonappropriated fund instrumentality, revolving fund, working-capital fund, trust fund, or other fund or account. "§ 3563. Sources of recovery services " (a) CONSIDERATION OF AVAILABLE RECOVERY RESOURCES.— (1) In carrying out a program under section 3561 of this title, the head of an executive agency shall consider all resources available to that official to carry out the program. "(2) The resources considered by the head of an executive agency for carrying out the program shall include the resources available to the executive agency for such purpose from the following sources: "(A) The executive agency. "(B) Other departments and agencies of the United States. "(C) Private sector sources. "(b) COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS. — Before entering into a contract with a private sector source for the performance of services under a program of the executive agency carried out under section 3561 of this title, the head of an executive agency shall comply with—

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