United States Code
USC most recently checked for updates: Jun 05, 2023
Use of eligible obligations instead of surety bonds
If a person is required under a law of the United States to give a surety bond, the person may give an eligible obligation as security instead of a surety bond. The obligation shall—
be given to the official having authority to approve the surety bond;
as determined by the Secretary of the Treasury, have a market value that is equal to or greater than the amount of the required surety bond; and
authorize the official receiving the obligation to collect or sell the obligation if the person defaults on a required condition.
An official receiving an eligible obligation under subsection (a) of this section may deposit it with—
the Secretary of the Treasury;
a Federal reserve bank; or
a depositary designated by the Secretary.
The Secretary, bank, or depositary shall issue a receipt that describes the obligation deposited.
Using an eligible obligation instead of a surety bond for security is the same as using—
a personal or corporate surety bond;
a certified check;
a bank draft;
a post office money order; or
When security is no longer required, an eligible obligation given instead of a surety bond shall be returned to the person giving the obligation. If a person, supplying labor or material to a contractor defaulting under sections 3131 and 3133 of title 40, files with the United States Government the application and affidavit provided under section 3133(a) of title 40, the Government—
may return to the contractor the eligible obligation given as security (or proceeds of the eligible obligation given) under sections 3131 and 3133 of title 40 only after the 90-day period for bringing a civil action under section 3133(b) of title 40; and
if a civil action is brought in the 90-day period, shall hold the eligible obligation or the proceeds subject to the order of the court having jurisdiction of the action.
This section does not affect the—
priority of a claim of the Government against an eligible obligation given under this section;
right or remedy of the Government for default on an obligation provided under—
sections 3131 and 3133 of title 40; or
authority of a court over an eligible obligation given as security in a civil action; and
authority of an official of the Government authorized by another law to receive an eligible obligation as security.
To avoid frequent substitution of eligible obligations, the Secretary may prescribe regulations limiting the effect of this section to an eligible obligation maturing more than one year after the date the obligation is given as security.
(Pub. L. 97–258,
Sept. 13, 1982, 96 Stat. 1046; Pub. L. 107–217, § 3(h)(9), Aug. 21, 2002, 116 Stat. 1300; Pub. L. 108–178, § 4(f)(2), Dec. 15, 2003, 117 Stat. 2641; Pub. L. 109–351, title IX, § 901(b), (c), Oct. 13, 2006, 120 Stat. 2007.)
cite as: 31 USC 9303