31 U.S.C. § 9304

Surety corporations

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(a) When a law of the United States Government requires or permits a person to give a surety bond through a surety, the person satisfies the law if the surety bond is provided for the person by a corporation—(1) incorporated under the laws of—(A) the United States; or(B) a State, the District of Columbia, or a territory or possession of the United States;(2) that may under those laws guarantee—(A) the fidelity of persons holding positions of trust; and(B) bonds and undertakings in judicial proceedings; and(3) complying with sections 9305 and 9306 of this title.(b) Each surety bond shall be approved by the official of the Government required to approve or accept the bond. The official may not require that the surety bond be given through a guaranty corporation or through any particular guaranty corporation.(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1047.)

Historical and Revision Notes

Revised Section

Source (U.S. Code)

Source (Statutes at Large)

9304

6:6.

Subsection (a) is substituted for 6:6(1st sentence) to eliminate unnecessary words and for clarity and consistency. Clause (3) is added for clarity.

In subsection (b), the words “Each surety bond” are substituted for “Such recognizance, stipulation, bond, or undertaking”, the words “official of the Government” are substituted for “head of department, court, judge, officer, board, or body executive, legislative, or judicial”, and the word “official” is substituted for “officer or person having the approval of any bond”, to eliminate unnecessary words and for clarity and consistency.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1983–2023 · leading case: Liberty Mut. Ins. v. United States Ex Rel. Lamesa Nat'l Bank (In Re Schooler), 725 F.3d 498 (5th Cir. 2013).
Liberty Mut. Ins. v. United States Ex Rel. Lamesa Nat'l Bank (In Re Schooler), 725 F.3d 498 (5th Cir. 2013). · cites it 2× “Of particular relevance, 31 U.S.C. § 9304 provides that when a surety bond is permitted or required by federal law, the bond must be issued by a surety that satisfies certain criteria, and it must “be approved by the official of the [g]overnment required to approve or accept the…”
Am. Druggists Ins. Co., Inc., & John H. Brown v. Joseph I. Bogart, Clerk of the Court, S. Dist. of Florida, 707 F.2d 1229 (11th Cir. 1983). · cites it 2× “” 31 U.S.C.S. § 9304 (b). 4 Moreover, as recognized by the Second Circuit, the Court’s bond approval process embraces an evaluation of both the moral and financial integrity of the surety.”
AGK Sierra de Montserrat, L.P. v. Comerica Bank (E.D. Cal. 2023). · cites it 3× “In addition, Local Rule 151(f) requires that bonds with corporate 26 surety be “in compliance with the provisions of 31 U.S.C. §§ 9304–06” and have “either attached 27 to the face of the security, bond, or undertaking or on file with the Clerk, a duly authenticated 28 power of…”
Vahora v. Valley Diagnostics Lab'y Inc. (E.D. Cal. 2019). · cites it 2× “cal Rule 151 also provides that “[e]very security, bond, undertaking, or deposit 2 instrument shall state the conditions of the obligation and shall contain a provision expressly 3 subjecting it to all applicable federal law,” and “[n]o security, bond, or undertaking with 4…”
Liberty Mut. Ins. Co. v. USA by Lamesa Nati (5th Cir. 2013). · cites it 2× “Of particular relevance, 31 U.S.C. § 9304 provides that when a surety bond is permitted or required by federal law, the bond must be issued by a surety that satisfies certain criteria, and it must “be approved by the official of the [g]overnment required to approve or accept the…”
Colorado Div. of Ins. v. Statewide Bonding, Inc. (Colo. Ct. App. 2022). “¶ 37 For instance, 31 U.S.C. § 9304 , on which Respondents rely, specifies that, (a) [w]hen a law of the United States Government requires or permits a person to give a surety bond through a surety, the person satisfies the law if the surety bond is provided for the person by a…”
Jordan v. Wonderful Citrus Packing LLC (E.D. Cal. 2020). “Where a corporate 19 surety is used, Local Rule 151(f) provides that no bond shall be accepted “unless the corporate 20 surety is in compliance with the provisions of 31 U.S.C. §§ 9304−06” and the party offering the 21 bond has presented “a duly authenticated power of attorney…”
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