SUBTITLE II—THE BUDGET PROCESS
CHAPTER 11 —THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
Editorial Notes
Amendments
2011—
1994—
1993—
1 So in original. Does not conform to section catchline.
§1101. Definitions
In this chapter—
(1) "agency" includes the District of Columbia government but does not include the legislative branch or the Supreme Court.
(2) "appropriations" means appropriated amounts and includes, in appropriate context—
(A) funds;
(B) authority to make obligations by contract before appropriations; and
(C) other authority making amounts available for obligation or expenditure.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1101(1) | 31:2(1st–4th pars.). | June 10, 1921, ch. 18, §2(1st–5th pars.), |
| 1101(2) | 31:2(last par.). | June 10, 1921, ch. 18, |
In the section, a reference to 31:71 and 471 is omitted because the definitions in the section are not used in 31:71 and 471.
In clause (1), "agency" (which is defined for purposes of this title in section 101 to mean a department, agency, or instrumentality of the United States) is coextensive with and substituted for the term "department or establishment" which was defined in 31:2 as in part meaning "any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board". This definition merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words "includes the District of Columbia government" are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia Self-Government and Governmental Reorganizational Act (
Statutory Notes and Related Subsidiaries
Short Title of 2022 Amendment
Short Title of 2019 Amendment
Short Title of 2011 Amendment
Short Title of 2010 Amendment
Short Title of 1993 Amendment
Short Title of 1984 Amendment
Construction of 1993 Amendment
"(1) creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person who is not an officer or employee of the United States acting in such capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act; or
"(2) superseding any statutory requirement, including any requirement under
Congressional Findings and Statement of Purposes
"(a)
"(1) waste and inefficiency in Federal programs undermine the confidence of the American people in the Government and reduces the Federal Government's ability to address adequately vital public needs;
"(2) Federal managers are seriously disadvantaged in their efforts to improve program efficiency and effectiveness, because of insufficient articulation of program goals and inadequate information on program performance; and
"(3) congressional policymaking, spending decisions and program oversight are seriously handicapped by insufficient attention to program performance and results.
"(b)
"(1) improve the confidence of the American people in the capability of the Federal Government, by systematically holding Federal agencies accountable for achieving program results;
"(2) initiate program performance reform with a series of pilot projects in setting program goals, measuring program performance against those goals, and reporting publicly on their progress;
"(3) improve Federal program effectiveness and public accountability by promoting a new focus on results, service quality, and customer satisfaction;
"(4) help Federal managers improve service delivery, by requiring that they plan for meeting program objectives and by providing them with information about program results and service quality;
"(5) improve congressional decisionmaking by providing more objective information on achieving statutory objectives, and on the relative effectiveness and efficiency of Federal programs and spending; and
"(6) improve internal management of the Federal Government."
Congressional Oversight
Executive Documents
Executive Order No. 13037
Ex. Ord. No. 13037, Mar. 3, 1997, 62 F.R. 10185, as amended by Ex. Ord. No. 13066, Oct. 29, 1997, 62 F.R. 59273; Ex. Ord. No. 13108, Dec. 11, 1998, 63 F.R. 69175, which established the Commission to Study Capital Budgeting, was revoked by Ex. Ord. No. 13138, §3(d), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees.
§1102. Fiscal year
The fiscal year of the Treasury begins on October 1 of each year and ends on September 30 of the following year. Accounts of receipts and expenditures required under law to be published each year shall be published for the fiscal year.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1102 | 31:1020. | R.S. §237; Oct. 1, 1890, ch. 1256, §9, |
The words "in all matters of accounts, receipts, expenditures, estimates, and appropriations" are omitted as being included in "fiscal". The word "prepared" is omitted as being included in "published". The words "as established by subsection (a) of this section" are omitted as unnecessary because of the restatement. The text of 31:1020(a)(1) and the words "beginning on October 1, 1976" are omitted as executed.
Statutory Notes and Related Subsidiaries
Fiscal Year Transition Period of July 1, 1976, Through September 30, 1976
§1103. Budget ceiling
Congress reaffirms its commitment that budget outlays of the United States Government for a fiscal year may be not more than the receipts of the Government for that year.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1103 | 31:27. | Oct. 10, 1978, |
The word "total" is omitted as surplus. The words "for a fiscal year" are substituted for "beginning with Fiscal Year 1981" because of the restatement and to eliminate executed words. The words "for that year" are added because of the restatement.
§1104. Budget and appropriations authority of the President
(a) The President shall prepare budgets of the United States Government under
(b) Except as provided in this chapter, the President shall prescribe the contents and order of statements in the budget on expenditures and estimated expenditures and statements on proposed appropriations and information submitted with the budget and proposed appropriations. The President shall include with the budget and proposed appropriations information on personnel and other objects of expenditure in the way that information was included in the budget for fiscal year 1950. However, the requirement that information be included in the budget in that way may be waived or changed by joint action of the Committees on Appropriations of both Houses of Congress. This subsection does not limit the authority of a committee of Congress to request information in a form it prescribes.
(c) When the President makes a basic change in the form of the budget, the President shall submit with the budget information showing where items in the budget for the prior fiscal year are contained in the present budget. However, the President may change the functional categories in the budget only in consultation with the Committees on Appropriations and on the Budget of both Houses of Congress. Committees of the House of Representatives and Senate shall receive prompt notification of all such changes.
(d) The President shall develop programs and prescribe regulations to improve the compilation, analysis, publication, and dissemination of statistical information by executive agencies. The President shall carry out this subsection through the Administrator for the Office of Information and Regulatory Affairs in the Office of Management and Budget.
(e) Under regulations prescribed by the President, each agency shall provide information required by the President in carrying out this chapter. The President has access to, and may inspect, records of an agency to obtain information.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1104(a) | 31:16(last sentence related to preparation of budgets and appropriations). | June 10, 1921, ch. 18, §207(last sentence related to preparation of budgets and appropriations), |
| 31:623. | June 23, 1913, ch. 3, §3, |
|
| 1104(b) | 31:581. | June 10, 1921, ch. 18, §204, |
| 1104(c) | 31:11d. | July 12, 1974, |
| 31:581a. | June 10, 1921, ch. 18, §205, |
|
| 1104(d) | 31:18b. | Sept. 12, 1950, ch. 946, §103, |
| 44:3503(note). | Dec. 11, 1980, |
|
| 1104(e) | 31:21. | June 10, 1921, ch. 18, §213, |
In the section, the word "President" is substituted for "Office" in 31:16(last sentence), "President, through the Director of the Office of Management and Budget" in 31:18b, "President and the Director of the Office of Management and Budget" in 44:3503(note), and "Office of Management and Budget" in 31:21 and 623, because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (a), the words "under such rules and regulations as the President may prescribe" in 31:16(last sentence) are omitted as unnecessary because of section 101 of Reorganization Plan No. 2 of 1970. The words "use uniform terms in stating" are substituted for "make uniform the language commonly used in expressing" in 31:623 for consistency. The words "eliminate from all estimates unnecessary words" are omitted as unnecessary because of the authority of the President under this subsection to prepare the budget. The text of section 3(words before semicolon) in the Act of June 23, 1913 (ch. 13,
In subsection (b), the word "arrangement" is omitted as being included in "order". The word "information" is substituted for "notes and other data", and the word "submitted" is substituted for "transmitted", for consistency. The words "The President shall include" are substituted for "shall be accompanied by" because of the authority of the President under subsection (a) to prepare the budget. The words "proposed appropriations" are substituted for "proposed supplemental or deficiency appropriations" because of the restatement. The word "personnel" is substituted for "personal services" for clarity. The word "way" is substituted for "manner and form" for consistency. The words "either generally or in specific cases" are omitted as surplus. The word "request" is substituted for "request and receive" to eliminate unnecessary words. The words "it prescribes" are substituted for "as they may desire in consideration of and action upon budget estimates" to eliminate unnecessary words.
In subsection (c), the words "President makes" are substituted for "is made" in 31:581a as being more precise. The word "information" is substituted for "explanatory notes and tables" for consistency in the revised title. The words "to Congress", "as may be necessary", and "various" are omitted as surplus. The words "The President may change" are substituted for "Any change . . . shall be made only" in 31:11d because the President prepares and submits the budget under 31:11. The word "budget" is substituted for "Budget of the United States Government transmitted pursuant to
In subsection (d), the word "gathering" in 31:18b is omitted as being included in "compilation". The text of 31:18b(last sentence) is omitted as unnecessary because of the restatement of the source provisions in subsection (e). The words "carry out . . . through" are substituted for "delegate to" in 44:3503(note) for consistency.
In subsection (e), the word "provide" is substituted for "furnish" for consistency. The words "required by the President in carrying out this chapter" are substituted for "as the Office may from time to time require" because of section 101 of Reorganization Plan No. 2 of 1970 and to provide comparable limiting language on when information may be required. The words "the director and the assistant director, or any employee of the Office when duly authorized" are omitted because of 3:301. The word "inspect" is substituted for "examine" for consistency in the revised title. The word "records" is substituted for "books, documents, papers, or records" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
1985—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
Executive Documents
Ex. Ord. No. 10253. Provisions for Improvement of Work of Federal Executive Agencies With Respect to Statistical Information
Ex. Ord. No. 10253, June 11, 1951, 16 F.R. 5605, as amended by Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug. 12, 1981, 46 F.R. 42833, provided:
(a) To achieve an adequate program of statistical work in the agencies of the executive branch, in relation to over-all needs for statistical information, including the filling of gaps and overcoming of weaknesses in presently available statistical information.
(b) To achieve the most effective use of resources available for statistical work by the agencies, in relation to over-all needs.
(c) To minimize the burden upon those furnishing statistical data needed by the various Federal agencies.
(d) To improve the reliability and timeliness of statistical information.
(e) To achieve maximum comparability among the several statistical series and studies.
(f) To improve the presentation of statistical information and of explanations regarding the sources and reliability of such information, and regarding the limitations on the uses that can appropriately be made of it.
§1105. Budget contents and submission to Congress
(a) On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
(11) other financial information the President decides is desirable to explain in practicable detail the financial condition of the Government.
(12) for each proposal in the budget for legislation that would establish or expand a Government activity or function, a table showing—
(A) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; and
(B) the estimated appropriation required because of the proposal for each of the 4 fiscal years after that year that the proposal will be in effect.
(13) an allowance for additional estimated expenditures and proposed appropriations for the fiscal year for which the budget is submitted.
(14) an allowance for unanticipated uncontrollable expenditures for that year.
(15) a separate statement on each of the items referred to in section 301(a)(1)–(5) of the Congressional Budget Act of 1974 (
(16) the level of tax expenditures under existing law in the tax expenditures budget (as defined in section 3(a)(3) of the Congressional Budget Act of 1974 (
(17) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for grants, contracts, and other payments under each program for which there is an authorization of appropriations for that following fiscal year when the appropriations are authorized to be included in an appropriation law for the fiscal year before the fiscal year in which the appropriation is to be available for obligation.
(18) a comparison of the total amount of budget outlays for the prior fiscal year, estimated in the budget submitted for that year, for each major program having relatively uncontrollable outlays with the total amount of outlays for that program in that year.
(19) a comparison of the total amount of receipts for the prior fiscal year, estimated in the budget submitted for that year, with receipts received in that year, and for each major source of receipts, a comparison of the amount of receipts estimated in that budget with the amount of receipts from that source in that year.
(20) an analysis and explanation of the differences between each amount compared under clauses (18) and (19) of this subsection.
(21) a horizontal budget showing—
(A) the programs for meteorology and of the National Climate Program established under section 5 of the National Climate Program Act (
(B) specific aspects of the program of, and appropriations for, each agency; and
(C) estimated goals and financial requirements.
(22) a statement of budget authority, proposed budget authority, budget outlays, and proposed budget outlays, and descriptive information in terms of—
(A) a detailed structure of national needs that refers to the missions and programs of agencies (as defined in
(B) the missions and basic programs.
(23) separate appropriation accounts for appropriations under the Occupational Safety and Health Act of 1970 (
(24) recommendations on the return of Government capital to the Treasury by a mixed-ownership corporation (as defined in
(25) a separate appropriation account for appropriations for each Office of Inspector General of an establishment defined under
(26) a separate statement of the amount of appropriations requested for the Office of National Drug Control Policy and each program of the National Drug Control Program.
(27) a separate statement of the amount of appropriations requested for the Office of Federal Financial Management.
(28) beginning with fiscal year 1999, a Federal Government performance plan for the overall budget as provided for under section 1115.
(29) information about the Violent Crime Reduction Trust Fund, including a separate statement of amounts in that Trust Fund.
(30) an analysis displaying, by agency, proposed reductions in full-time equivalent positions compared to the current year's level in order to comply with section 5 of the Federal Workforce Restructuring Act of 1994.
(31) a separate statement of the amount of appropriations requested for the Chief Financial Officer in the Executive Office of the President.
(32) a statement of the levels of budget authority and outlays for each program assumed to be extended in the baseline as provided in section 257(b)(2)(A) and for excise taxes assumed to be extended under section 257(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(33) a separate appropriation account for appropriations for the Council of the Inspectors General on Integrity and Efficiency, and, included in that account, a separate statement of the aggregate amount of appropriations requested for each academy maintained by the Council of the Inspectors General on Integrity and Efficiency.
(34) with respect to the amount of appropriations requested for use by the Export-Import Bank of the United States, a separate statement of the amount requested for its program budget, the amount requested for its administrative expenses, and of the amount requested for its administrative expenses, the amount requested for technology expenses.
(35)(A)(i) a detailed, separate analysis, by budget function, by agency, and by initiative area (as determined by the administration) for the prior fiscal year, the current fiscal year, the fiscal years for which the budget is submitted, and the ensuing fiscal year identifying the amounts of gross and net appropriations or obligational authority and outlays that contribute to cybersecurity, with separate displays for mandatory and discretionary amounts, including—
(I) summaries of the total amount of such appropriations or new obligational authority and outlays requested for cybersecurity;
(II) an estimate of the current service levels of cybersecurity spending;
(III) the most recent risk assessment and summary of cybersecurity needs in each initiative area (as determined by the administration); and
(IV) an estimate of user fees collected by the Federal Government on behalf of cybersecurity activities;
(ii) with respect to subclauses (I) through (IV) of clause (i), amounts shall be provided by account for each program, project and activity; and
(iii) an estimate of expenditures for cybersecurity activities by State and local governments and the private sector for the prior fiscal year and the current fiscal year.
(B) Prior to implementing this paragraph, including determining what Federal activities or accounts constitute cybersecurity for purposes of budgetary classification, the Office of Management and Budget shall consult with the Committees on Appropriations and the Committees on the Budget of the House of Representatives and the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate.
(36) as supplementary materials, a separate analysis of the budgetary effects for all prior fiscal years, the current fiscal year, the fiscal year for which the budget is submitted, and ensuing fiscal years of the actions the Secretary of the Treasury has taken or plans to take using any authority provided in the Emergency Economic Stabilization Act of 2008, including—
(A) an estimate of the current value of all assets purchased, sold, and guaranteed under the authority provided in the Emergency Economic Stabilization Act of 2008 using methodology required by the Federal Credit Reform Act of 1990 (
(B) an estimate of the deficit, the debt held by the public, and the gross Federal debt using methodology required by the Federal Credit Reform Act of 1990 and section 123 of the Emergency Economic Stabilization Act of 2008;
(C) an estimate of the current value of all assets purchased, sold, and guaranteed under the authority provided in the Emergency Economic Stabilization Act of 2008 calculated on a cash basis;
(D) a revised estimate of the deficit, the debt held by the public, and the gross Federal debt, substituting the cash-based estimates in subparagraph (C) for the estimates calculated under subparagraph (A) pursuant to the Federal Credit Reform Act of 1990 and section 123 of the Emergency Economic Stabilization Act of 2008; and
(E) the portion of the deficit which can be attributed to any action taken by the Secretary using authority provided by the Emergency Economic Stabilization Act of 2008 and the extent to which the change in the deficit since the most recent estimate is due to a reestimate using the methodology required by the Federal Credit Reform Act of 1990 and section 123 of the Emergency Economic Stabilization Act of 2008.
(37) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs:
(A) Veterans Benefits Administration, Compensation and Pensions.
(B) Veterans Benefits Administration, Readjustment Benefits.
(C) Veterans Benefits Administration, Veterans Insurance and Indemnities.
(D) Veterans Health Administration, Medical Services.
(E) Veterans Health Administration, Medical Support and Compliance.
(F) Veterans Health Administration, Medical Facilities.
(G) Veterans Health Administration, Medical Community Care.
(38) a separate statement for the Crow Settlement Fund established under section 411 of the Crow Tribe Water Rights Settlement Act of 2010, which shall include the estimated amount of deposits into the Fund, obligations, and outlays from the Fund.
(39) the list of plans and reports, as provided for under section 1125, that agencies identified for elimination or consolidation because the plans and reports are determined outdated or duplicative of other required plans and reports.
(b) Estimated expenditures and proposed appropriations for the legislative branch and the judicial branch to be included in each budget under subsection (a)(5) of this section shall be submitted to the President before October 16 of each year and included in the budget by the President without change.
(c) The President shall recommend in the budget appropriate action to meet an estimated deficiency when the estimated receipts for the fiscal year for which the budget is submitted (under laws in effect when the budget is submitted) and the estimated amounts in the Treasury at the end of the current fiscal year available for expenditure in the fiscal year for which the budget is submitted, are less than the estimated expenditures for that year. The President shall make recommendations required by the public interest when the estimated receipts and estimated amounts in the Treasury are more than the estimated expenditures.
(d) When the President submits a budget or supporting information about a budget, the President shall include a statement on all changes about the current fiscal year that were made before the budget or information was submitted.
(e)(1) The President shall submit with materials related to each budget transmitted under subsection (a) on or after January 1, 1985, an analysis for the ensuing fiscal year that shall identify requested appropriations or new obligational authority and outlays for each major program that may be classified as a public civilian capital investment program and for each major program that may be classified as a military capital investment program, and shall contain summaries of the total amount of such appropriations or new obligational authority and outlays for public civilian capital investment programs and summaries of the total amount of such appropriations or new obligational authority and outlays for military capital investment programs. In addition, the analysis under this paragraph shall contain—
(A) an estimate of the current service levels of public civilian capital investment and of military capital investment and alternative high and low levels of such investments over a period of ten years in current dollars and over a period of five years in constant dollars;
(B) the most recent assessment analysis and summary, in a standard format, of public civilian capital investment needs in each major program area over a period of ten years;
(C) an identification and analysis of the principal policy issues that affect estimated public civilian capital investment needs for each major program; and
(D) an identification and analysis of factors that affect estimated public civilian capital investment needs for each major program, including but not limited to the following factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for operation and maintenance;
(iv) estimates of expenditures for similar investments by State and local governments; and
(v) estimates of demand for public services derived from such capital investments and estimates of the service capacity of such investments.
To the extent that any analysis required by this paragraph relates to any program for which Federal financial assistance is distributed under a formula prescribed by law, such analysis shall be organized by State and within each State by major metropolitan area if data are available.
(2) For purposes of this subsection, any appropriation, new obligational authority, or outlay shall be classified as a public civilian capital investment to the extent that such appropriation, authority, or outlay will be used for the construction, acquisition, or rehabilitation of any physical asset that is capable of being used to produce services or other benefits for a number of years and is not classified as a military capital investment under paragraph (3). Such assets shall include (but not be limited to)—
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related facilities,
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
(3) For purposes of this subsection, any appropriation, new obligational authority, or outlay shall be classified as a military capital investment to the extent that such appropriation, authority, or outlay will be used for the construction, acquisition, or rehabilitation of any physical asset that is capable of being used to produce services or other benefits for purposes of national defense and security for a number of years. Such assets shall include military bases, posts, installations, and facilities.
(4) Criteria and guidelines for use in the identification of public civilian and military capital investments, for distinguishing between public civilian and military capital investments, and for distinguishing between major and nonmajor capital investment programs shall be issued by the Director of the Office of Management and Budget after consultation with the Comptroller General and the Congressional Budget Office. The analysis submitted under this subsection shall be accompanied by an explanation of such criteria and guidelines.
(5) For purposes of this subsection—
(A) the term "construction" includes the design, planning, and erection of new structures and facilities, the expansion of existing structures and facilities, the reconstruction of a project at an existing site or adjacent to an existing site, and the installation of initial and replacement equipment for such structures and facilities;
(B) the term "acquisition" includes the addition of land, sites, equipment, structures, facilities, or rolling stock by purchase, lease-purchase, trade, or donation; and
(C) the term "rehabilitation" includes the alteration of or correction of deficiencies in an existing structure or facility so as to extend the useful life or improve the effectiveness of the structure or facility, the modernization or replacement of equipment at an existing structure or facility, and the modernization of, or replacement of parts for, rolling stock.
(f) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared in a manner consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 that apply to that and subsequent fiscal years.
(g)(1) The Director of the Office of Management and Budget shall establish the funding for advisory and assistance services for each department and agency as a separate object class in each budget annually submitted to the Congress under this section.
(2)(A) In paragraph (1), except as provided in subparagraph (B), the term "advisory and assistance services" means the following services when provided by nongovernmental sources:
(i) Management and professional support services.
(ii) Studies, analyses, and evaluations.
(iii) Engineering and technical services.
(B) In paragraph (1), the term "advisory and assistance services" does not include the following services:
(i) Routine automated data processing and telecommunications services unless such services are an integral part of a contract for the procurement of advisory and assistance services.
(ii) Architectural and engineering services, as defined in
(iii) Research on basic mathematics or medical, biological, physical, social, psychological, or other phenomena.
(h)(1) If there is a medicare funding warning under section 801(a)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 made in a year, the President shall submit to Congress, within the 15-day period beginning on the date of the budget submission to Congress under subsection (a) for the succeeding year, proposed legislation to respond to such warning.
(2) Paragraph (1) does not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue medicare funding (as defined in section 801(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003) for the 7-fiscal-year reporting period, as certified by the Board of Trustees of each medicare trust fund (as defined in section 801(c)(5) of such Act) not later than 30 days after the date of the enactment of such legislation.
(i)(1) The Director of the Office of Management and Budget shall make publicly available on a website, and continuously update, a tabular list for each fiscal year of each agency that submits budget justification materials, which shall include—
(A) the name of the agency;
(B) a unique identifier that identifies the agency;
(C) to the extent practicable, the date on which the budget justification materials of the agency are first submitted to Congress;
(D) the date on which the budget justification materials of the agency are posted online under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (
(E) the uniform resource locator where the budget justification materials are published on the website of the agency; and
(F) a single data set that contains the information described in subparagraphs (A) through (E) with respect to the agency for all fiscal years for which budget justifications of the agency are made available under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (
(2)(A) Each agency that submits budget justification materials shall make the materials available on the website of the agency, in accordance with the policies established by the Director of the Office of Management and Budget under subparagraph (B).
(B) Not later than 1 year after the date of enactment of this subsection, the Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, shall establish policies and data standards for agencies relating to making available materials under subparagraph (A), which shall include guidelines for making budget justification materials available in a format aligned with the requirements of section 3(b)(2)(C) of the Federal Funding Accountability and Transparency Act of 2006 (
(C) If the Director of the Office of Management and Budget maintains a public website that contains the budget of the United States Government submitted under subsection (a) and any related materials, such website shall also contain a link to the tabular list required under paragraph (1).
(3) In this subsection, the term "budget justification materials" has the meaning given that term in section 3(b)(2) of the Federal Funding Accountability and Transparency Act of 2006 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1105(a) (1)–(14) | 31:11(a)(less (5)(words after 2d comma)). | June 10, 1921, ch. 18, §201(a), |
| 31:19. | June 10, 1921, ch. 18, §211, |
|
| 1105(a)(15) | 31:11(d). | June 10, 1921, ch. 18, |
| 1105(a)(16) | 31:11(e). | |
| 1105(a)(17) | 31:11(h). | |
| 1105(a) (18)–(20) | 31:11(f). | |
| 1105(a)(21) | 31:25 | Oct. 18, 1962, |
| 1105(a)(22) | 31:11(i)(1st sentence). | |
| 1105(a)(23) | 31:11(note). | Nov. 9, 1977, |
| 1105(a)(24) | 31:859. | Dec. 6, 1945, ch. 557, §204, |
| 1105(b) | 28:605(last par.). | |
| 31:11(a)(5)(words after 2d comma). | ||
| 1105(c) | 31:13. | June 10, 1921, ch. 18, §202, |
| 1105(d) | 31:11(g)(last sentence). |
In the section, the word "current" is substituted for "in progress", and the word "prior" is substituted for "last completed", for consistency in the revised title.
In subsection (a), before clause (1), the text of 31:19 is omitted as superseded by the broader authority of 31:11(a)(5). The words "for the following fiscal year" are added for clarity. The words "summary and supporting information" are substituted for "summary data and text, and supporting detail" in the introductory matter of 31:11(a) for consistency. The words "in such form and detail as the President may determine" are omitted as unnecessary because of the authority of the President under section 1104(a) of the revised title to prepare the budget. The words "The President shall . . . in each budget the following" are substituted for "The Budget transmitted pursuant to subsection (a) of this section for each fiscal year shall" in 31:11(d)–(f), (h), and (i) because of the restatement. The word "President" is substituted for "Office of Management and Budget" in 31:25 because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (a)(1), the words "information on" are added for clarity.
In subsection (a)(2), the word "Government" is added for clarity.
In subsection (a)(3), the word "information" is substituted for "data" for consistency.
In subsection (a)(5) and (6), the words "fiscal year for which the budget is submitted" are substituted for "ensuing fiscal year" the first time they appear for clarity. The words "the 4 fiscal years after that year" are substituted for "projections for the four fiscal years immediately following the ensuing fiscal year" to eliminate unnecessary words.
In subsection (a)(6), the words "proposals . . . to increase revenues" are substituted for "revenue proposals" for consistency in the revised title.
In subsection (a)(7), the word "actual" is omitted as surplus.
In subsection (a)(8), the words "appropriations and" are substituted for "actual or" for clarity.
In subsection (a)(9), the words "fiscal year for which the budget is submitted" are substituted for "ensuing fiscal year" for clarity.
In subsection (a)(10), the words "bonded and other" are omitted as surplus.
In subsection (a)(11), the words "information the President decides" are substituted for "statements and data as in his opinion" for clarity and consistency. The word "desirable" is substituted for "necessary or desirable" and the words "to explain" are substituted for "in order to make known", to eliminate unnecessary words.
In subsection (a)(12), before subclause (A), the word "legislation" is substituted for "new or additional legislation" to eliminate unnecessary words. The words "activity or function" are substituted for "function, activity, or authority" for consistency. The words "in addition to those functions, activities, and authorities then existing or as then being administered and operated" are omitted as surplus.
In subsection (a)(16), the words "fiscal year for which the budget is submitted" are substituted for "such fiscal year" for clarity.
In subsection (a)(17), the words "fiscal year following the fiscal year for which the budget is submitted" are substituted for "next succeeding fiscal year", the words "that following fiscal year" are substituted for "such succeeding fiscal year", and the words "fiscal year before" are substituted for "fiscal year preceding", for clarity and consistency.
In subsection (a)(18), the words "uncontrollable or" are omitted as being included in "relatively uncontrollable".
In subsection (a)(19) and (20), the word "receipts" is substituted for "revenues" for consistency in the revised title.
Subsection (a)(20) is substituted for 31:11(f)(3) to eliminate unnecessary words.
In subsection (a)(21), the words "the totality of" are omitted as surplus.
In subsection (a)(22), the words "budget outlays" are substituted for "outlays" for consistency. The words "beginning with the fiscal year ending September 30, 1979" are omitted as executed.
In subsection (a)(23), the words "for appropriations" are substituted for "amounts required for appropriations" to eliminate unnecessary words. The words "for mine health and safety" and "for occupational safety and health" are omitted as unnecessary because of the restatement.
In subsection (a)(24), the words "(as defined in
In subsection (b), the words "for such years" in 31:11(a)(5)(words after 2d comma) are omitted because of the restatement. The words "of the United States" and "by him" are omitted as surplus. The words "to be included in each budget under subsection (a)(5) of this section" are added because of the restatement. The words "before October 16" are substituted for "on or before October 15", and the word "change" is substituted for "revision", for consistency.
In subsection (c), the words "new taxes, loans, or other" are omitted as being included in "appropriate action". The words "in effect" are substituted for "existing" for consistency. The word "aggregate" is omitted as surplus.
In subsection (d), the words "When the President submits a budget or supporting information about a budget, the President" are substituted for "The Budget transmitted pursuant to subsection (a) of this section for any fiscal year, or the supporting detail transmitted in connection therewith" because of the restatement. The word "changes" is substituted for "amendments and revisions" to eliminate unnecessary words.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1105(a)(25) | 31 App.:11(k)(1). | June 10, 1921, ch. 18, |
The words "The President shall include in the supporting detail accompanying each Budget" are omitted as being included in the introductory provisions of 31:1105(a). The words "submitted on or after January 1, 1983" are omitted as executed. The words "by the President" and "if any" are omitted as surplus.
Editorial Notes
References in Text
The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(23), is
The Federal Mine Safety and Health Act of 1977, referred to in subsec. (a)(23), is
Section 5 of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (a)(30), is section 5 of
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a)(32) and (f), is title II of
The Emergency Economic Stabilization Act of 2008, referred to in subsec. (a)(36), is div. A of
The Federal Credit Reform Act of 1990, referred to in subsec. (a)(36), is title V of
Section 411 of the Crow Tribe Water Rights Settlement Act of 2010, referred to in subsec. (a)(38), is section 411 of
Section 801 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, referred to in subsec. (h), is section 801 of
Section 3 of the Federal Funding Accountability and Transparency Act of 2006, referred to in subsec. (i), is section 3 of
The date of enactment of this subsection, referred to in subsec. (i)(2)(B), is the date of enactment of
Amendments
2022—Subsec. (a)(25).
2021—Subsec. (i).
2017—Subsec. (a)(35).
Subsec. (a)(35)(B).
Subsec. (a)(35)(C).
2016—Subsec. (a)(37)(G).
2014—Subsec. (a)(37).
Subsec. (a)(39).
2011—Subsec. (a)(33), (35).
Subsec. (a)(37).
2010—Subsec. (a)(33), (35).
Subsec. (a)(36) to (38).
2009—Subsec. (a)(36).
2008—Subsec. (a)(33).
Subsec. (a)(35).
2003—Subsec. (g)(2)(B)(ii).
Subsec. (h).
2002—Subsec. (a)(33).
Subsec. (a)(34).
Subsec. (g)(2)(B)(ii).
2000—Subsec. (a)(33).
1999—Subsec. (a)(31).
1998—Subsec. (a)(26).
1997—Subsec. (a)(32).
1996—Subsecs. (a)(26) to (31).
1994—Subsec. (a)(26), (27).
Subsec. (a)(30), (31).
Subsec. (g).
1993—Subsec. (a)(29).
1990—Subsec. (a).
Subsec. (a)(28).
Subsec. (f).
"(f)(1) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared on the basis of the best estimates then available, in such a manner as to ensure that the deficit for such fiscal year shall not exceed the maximum deficit amount for such fiscal year as determined under paragraph (7) of section 3 of the Congressional Budget and Impoundment Control Act of 1974.
"(2) The deficit set forth in the budget so transmitted for any fiscal year shall not exceed the maximum deficit amount for such fiscal year as determined under paragraph (7) of section 3 of the Congressional Budget and Impoundment Control Act of 1974, with budget outlays and Federal revenues at such levels as the President may consider most desirable and feasible.
"(3) The budget transmitted pursuant to subsection (a) for a fiscal year shall include a budget baseline estimate made in accordance with section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 and using economic and technical assumptions consistent with the current services budget submitted under section 1109 for the fiscal year. If such budget baseline estimate differs from the estimate in the current services budget, the President shall explain the differences. The budget transmitted pursuant to subsection (a) for such fiscal year shall include the information required by section 251(a)(2) of such Act (other than account-level detail) assuming that the deficit in such budget baseline were the amount estimated by the Director of the Office of Management and Budget on August 25 of the calendar year in which the fiscal year begins.
"(4) Paragraphs (1) and (2) shall not apply with respect to fiscal year 1989 if the budget transmitted for such fiscal year provides for deficit reduction from a budget baseline deficit for such fiscal year (as defined by section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 and based on laws in effect on January 1, 1988) equal to or greater than $36,000,000,000.
"(5) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect."
1988—Subsec. (a)(25).
Subsec. (a)(26).
"(A) the amount of borrowing by the Government in private credit markets;
"(B) net domestic savings (defined as personal savings, corporate savings, and the fiscal surplus of State and local governments);
"(C) net private domestic investment;
"(D) the merchandise trade and current accounts;
"(E) the net increase or decrease in foreign indebtedness (defined as net foreign investment); and
"(F) the estimated direction and extent of the influence of the Government's borrowing in private credit markets on United States dollar interest rates and on the real effective exchange rate of the United States dollar."
See Effective and Termination Dates of 1988 Amendments note below.
1987—Subsec. (f)(3) to (5).
1985—Subsec. (a).
Subsec. (f).
1984—Subsec. (e).
1983—Subsec. (a)(25).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Effective Date of 2016 Amendment
Effective Date of 2008 Amendment
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Effective and Termination Dates of 1988 Amendments
Amendment by
Section 5303 of
Amendment by
Effective and Termination Dates of 1985 Amendment
Amendment of subsec. (a) and enactment of subsec. (f) of this section by
Repeal on Failure To Meet Enforceability Date
"(1) this title [see Short Title of 2010 Amendment note set out under
"(2) any action taken by the Secretary and any contract or agreement pursuant to the authority provided under any provision of this title shall be void;
"(3) any amounts made available under section 414 [
"(4) any amounts made available under section 414 that remain unexpended shall immediately revert to the general fund of the Treasury; and
"(5) the United States shall be entitled to set off against any claims asserted by the Tribe against the United States relating to water rights—
"(A) any funds expended or withdrawn from the amounts made available pursuant to this title; and
"(B) any funds made available to carry out the activities authorized in this title from other authorized sources."
[For definitions of terms used in section 415 of
[For notice of statement of findings under section 410(e) of
Construction of 1993 Amendment
Amendment made by
Reports on Outstanding Government Accountability Office and Inspector General Recommendations
"(a)
"(1) a designated Federal entity, as defined in section 8G(a)(2) of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see
"(2) an establishment, as defined in section 12(2) of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see
"(3) legislative branch agencies, including the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, and the United States Capitol Police.
"(b)
"(1) a report listing each public recommendation of the Government Accountability Office that is designated by the Government Accountability Office as 'open' or 'closed, unimplemented' for a period of not less than 1 year preceding the date on which the annual budget justification is submitted;
"(2) a report listing each public recommendation for corrective action from the Office of Inspector General of the agency that—
"(A) was published not less than 1 year before the date on which the annual budget justification is submitted; and
"(B) for which no final action was taken as of the date on which the annual budget justification is submitted; and
"(3) a report on the implementation status of each public recommendation described in paragraphs (1) and (2), which shall include—
"(A) with respect to a public recommendation that is designated by the Government Accountability Office as 'open' or 'closed, unimplemented'—
"(i) that the agency has decided not to implement, a detailed justification for the decision; or
"(ii) that the agency has decided to adopt, a timeline for full implementation, to the extent practicable, if the agency determines that the recommendation has clear budget implications;
"(B) with respect to a public recommendation for corrective action from the Office of Inspector General of the agency for which no final action or action not recommended has been taken, an explanation of the reasons why no final action or action not recommended was taken with respect to each audit report to which the public recommendation for corrective action pertains;
"(C) with respect to an outstanding unimplemented public recommendation from the Office of Inspector General of the agency that the agency has decided to adopt, a timeline for implementation;
"(D) an explanation for any discrepancy between—
"(i) the reports submitted under paragraphs (1) and (2);
"(ii) the semiannual reports submitted by the Office of Inspector General of the agency under section 5 of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see
"(iii) reports submitted by the Government Accountability Office relating to public recommendations that are designated by the Government Accountability Office as 'open' or 'closed, unimplemented'; and
"(E) for the first 12 months after a public recommendation is made, if the agency is determining whether to implement the public recommendation, a statement describing that the agency is doing so, which shall exempt the agency from the requirements under subparagraphs (B) and (C) with respect to that public recommendation.
"(c)
Annual Agency Reports Required
Administrative Expenses of Executive Branch Entities; Separate Categories
"(a)
"(1)
"(2)
"(A) means an agency as defined under
"(B) shall not include the District of Columbia government.
"(3)
"(b)
"(1)
"(2)
"(c)
Consultation
Procedures in the House of Representatives
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or
"(B) any bill the title of which is as follows: 'A bill to respond to a medicare funding warning.'.
"(3)
"(A) whether or not such legislation eliminates excess general revenue medicare funding (as defined in section 801(c) [set out as a note under
"(B) with respect to such an amendment, whether the legislation, as amended, would eliminate excess general revenue medicare funding (as defined in section 801(c)) for each fiscal year in such 7-fiscal-year reporting period.
"(c)
"(1) After July 30 of any year during which the President is required to submit proposed legislation to Congress under
"(2) A motion to discharge may be made only by an individual favoring the legislation, may be made only if supported by one-fifth of the total membership of the House (a quorum being present), and is highly privileged in the House. Debate thereon shall be limited to not more than one hour, the time to be divided in the House equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
"(3) Only one motion to discharge a particular committee may be adopted under this subsection in any session of a Congress.
"(4) Notwithstanding paragraph (1), it shall not be in order to move to discharge a committee from further consideration of medicare funding legislation pursuant to this subsection during a session of a Congress if, during the previous session of the Congress, the House passed medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A).
"(d)
"(1) In the House, not later than 3 legislative days after any committee has been discharged from further consideration of legislation under subsection (c), the Speaker shall resolve the House into the Committee of the Whole for consideration of the legislation.
"(2) The first reading of the legislation shall be dispensed with. All points of order against consideration of the legislation are waived. General debate shall be confined to the legislation and shall not exceed five hours, which shall be divided equally between those favoring and those opposing the legislation. After general debate the legislation shall be considered for amendment under the five-minute rule. During consideration of the legislation, no amendments shall be in order in the House or in the Committee of the Whole except those for which there has been an affirmative certification under subsection (b)(3)(B). All points of order against consideration of any such amendment in the Committee of the Whole are waived. The legislation, together with any amendments which shall be in order, shall be considered as read. During the consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of Rule XVIII of the Rules of the House of Representatives. Debate on any amendment shall not exceed one hour, which shall be divided equally between those favoring and those opposing the amendment, and no pro forma amendments shall be offered during the debate. The total time for debate on all amendments shall not exceed 10 hours. At the conclusion of consideration of the legislation for amendment, the Committee shall rise and report the legislation to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the legislation and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House shall, immediately after the third daily order of business under clause 1 of Rule XIV of the Rules of the House of Representatives, resolve into the Committee of the Whole for further consideration of the bill.
"(3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any such legislation shall be decided without debate.
"(4) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any such legislation and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances.
"(e)
"(f)
"(g)
"(1) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of that House and shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of that House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House."
Procedures in the Senate
"(a)
"(1)
"(2)
"(b)
"(1) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or
"(2) any bill the title of which is as follows: 'A bill to respond to a medicare funding warning.'.
"(c)
"(1)
"(A) is medicare funding legislation that is passed by the House of Representatives; or
"(B) contains matter within the jurisdiction of the Committee on Finance in the Senate.
"(2)
"(d)
"(1)
"(2)
"(3)
"(4)
"(e)
"(f)
"(1) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
"(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate."
[For definition of "7-fiscal-year reporting period" as used in section 804 of
Transportation Security Administration
[For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
Annual Statement and Report on Rules and Regulations
"(a)
"(1) an estimate of the total annual costs and benefits (including quantifiable and nonquantifiable effects) of Federal rules and paperwork, to the extent feasible—
"(A) in the aggregate;
"(B) by agency and agency program; and
"(C) by major rule;
"(2) an analysis of impacts of Federal regulation on State, local, and tribal government, small business, wages, and economic growth; and
"(3) recommendations for reform.
"(b)
"(c)
"(1) measures of costs and benefits; and
"(2) the format of accounting statements.
"(d)
Similar provisions were contained in the following prior appropriation acts:
Federal Motor Carrier Safety Administration
Administrative Expenses of Legislative Branch Entities; Separate Categories; Compliance Reporting
Separate Object Class for Consulting Services in Annual Budgets
NASA Triennial Budget Requests and Estimates
Two-Year Budget Cycle for Coast Guard
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
"(a)
"(b)
"(c)
"(1) the Secretary's views on the advantages and disadvantages of operating the Coast Guard on a 2-year budget cycle;
"(2) the Secretary's plans for converting to a 2-year budget cycle; and
"(3) a description of any impediments (statutory or otherwise) to converting the operations of the Coast Guard to a 2-year budget cycle beginning with fiscal year 1990."
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Water and Sewer Services Furnished to Government Facilities in District of Columbia
Two-Year Budget Cycle for Department of Defense
Federal Capital Investment Program; Congressional Statement of Purposes
"(1) to provide budget projections for major Federal capital investment programs;
"(2) to provide a summary of the most recent needs assessment analyses for these programs;
"(3) to provide information on the sensitivity of the needs estimates to major policy issues and technical and economic variables;
"(4) to assist the planning capabilities of State and local governments on the assessment of major capital investment programs; and
"(5) to improve legislative oversight over Federal capital investment programs."
Deficit Reduction Fund
For provisions requiring information about Deficit Reduction Fund, including a separate statement of amounts in and Federal debt redeemed by that Fund to be included in budget transmitted under this section, see Ex. Ord. No. 12858, §3, Aug. 4, 1993, 58 F.R. 42185, set out as a note under
Budget Control
For provisions requiring annual review of direct spending and receipts to be part of each budget submitted under subsec. (a) of this section, see Ex. Ord. No. 12857, §3, Aug. 4, 1993, 58 F.R. 42181, formerly set out as a note under
Executive Documents
Ex. Ord. No. 6715. Filing of Functional Organization Charts With the Director of the Bureau of the Budget
Ex. Ord. No. 6715, May 23, 1934, provided in part:
(1) Each executive department, independent establishment, and emergency agency shall file with the Director of the Bureau of the Budget [now Director of Office of Management and Budget] a functional organization chart, indicating its various existing bureaus, divisions, sections, etc., and containing a description of the functions respectively performed, and shall file such additional charts from time to time, as may be necessary to show all changes made therein.
(2) Every executive department, independent establishment, and emergency agency hereafter created shall within 5 days after the appointment of the head thereof file a preliminary functional organization chart with the Director of the Bureau of the Budget.
(3) The Director of the Bureau of the Budget is hereby authorized to prescribe, subject to the approval of the President, such rules and regulations as will indicate the information desired and the form of chart to be furnished.
Franklin D. Roosevelt.
Assignment of Function Regarding Medicare Funding
Memorandum of the President of the United States, Feb. 14, 2008, 73 F.R. 9169, provided:
Memorandum for the Secretary of Health and Human Services
By the authority vested in me as President by the Constitution and the laws of the United States, including
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
§1106. Supplemental budget estimates and changes
(a) Before July 16 of each year, the President shall submit to Congress a supplemental summary of the budget for the fiscal year for which the budget is submitted under
(1) for that fiscal year—
(A) substantial changes in or reappraisals of estimates of expenditures and receipts;
(B) substantial obligations imposed on the budget after its submission;
(C) current information on matters referred to in section 1105(a)(8) and (9)(B) and (C) of this title; and
(D) additional information the President decides is advisable to provide Congress with complete and current information about the budget and current estimates of the functions, obligations, requirements, and financial condition of the United States Government;
(2) for the 4 fiscal years following the fiscal year for which the budget is submitted, information on estimated expenditures for programs authorized to continue in future years, or that are considered mandatory, under law; and
(3) for future fiscal years, information on estimated expenditures of balances carried over from the fiscal year for which the budget is submitted.
(b) Before July 16 of each year, the President shall submit to Congress a statement of changes in budget authority requested, estimated budget outlays, and estimated receipts for the fiscal year for which the budget is submitted (including prior changes proposed for the executive branch of the Government) that the President decides are necessary and appropriate based on current information. The statement shall include the effect of those changes on the information submitted under section 1105(a)(1)–(14) and (b) of this title and shall include supporting information as practicable. The statement submitted before July 16 may be included in the information submitted under subsection (a)(1) of this section.
(c) Subsection (f) of section 1105 shall apply to revisions and supplemental summaries submitted under this section to the same extent that such subsection applies to the budget submitted under section 1105(a) to which such revisions and summaries relate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1106(a) | 31:11(b), (c). | June 10, 1921, ch. 18, |
| 1106(b) | 31:11(g)(1st–3d sentences). | June 10, 1921, ch. 18, |
In subsection (a), before clause (1), the words "Before July 16" are substituted for "on or before July 15" for consistency. The words "budget for the fiscal year for which the budget is submitted" are substituted for "Budget for the ensuing fiscal year transmitted to the Congress by the President" to eliminate unnecessary words and for consistency in the chapter. The words "in such form and detail as he may determine" are omitted as unnecessary. In clause (1)(D), the words "in summary form" and "summary of" are omitted as unnecessary. The word "necessary" is omitted as being included in "advisable". In clauses (2) and (3), the word "information" is substituted for "summaries" because of the restatement. In clause (2), the words "programs authorized to continue in future years, or that are considered mandatory, under law" are substituted for "continuing programs which have a legal commitment for future years or are considered mandatory under existing law" for consistency.
In subsection (b), the words "Before April 11 and July 16" are substituted for "on or before April 10 and July 15", the word "changes" is substituted for "all amendments to or revisions in", and the words "budget outlays" are substituted for "outlays", the words "fiscal year for which the budget is submitted" are substituted for "ensuing fiscal year set forth in the Budget transmitted pursuant to subsection (a) of this section", for consistency. The word "information" is substituted for "summary data" because of the restatement.
Editorial Notes
Amendments
1985—Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1985 Amendment
Amendment by
§1107. Deficiency and supplemental appropriations
The President may submit to Congress proposed deficiency and supplemental appropriations the President decides are necessary because of laws enacted after the submission of the budget or that are in the public interest. The President shall include the reasons for the submission of the proposed appropriations and the reasons the proposed appropriations were not included in the budget. When the total proposed appropriations would have required the President to make a recommendation under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1107 | 31:14. | June 10, 1921, ch. 18, §203, |
In the section, the words "reach an aggregate which" are omitted as surplus.
Editorial Notes
Amendments
2011—
§1108. Preparation and submission of appropriations requests to the President
(a) In this section (except subsections (b)(1) and (e)), "agency" means a department, agency, or instrumentality of the United States Government.
(b)(1) The head of each agency shall prepare and submit to the President each appropriation request for the agency. The request shall be prepared and submitted in the form prescribed by the President under this chapter and by the date established by the President. When the head of an agency does not submit a request by that date, the President shall prepare the request for the agency to be included in the budget or changes in the budget or as deficiency and supplemental appropriations. The President may change agency appropriation requests. Agency appropriation requests shall be developed from cost-based budgets in the way and at times prescribed by the President. The head of the agency shall use the cost-based budget to administer the agency and to divide appropriations or amounts.
(2) An officer or employee of an agency in the executive branch may submit to the President or Congress a request for legislation authorizing deficiency or supplemental appropriations for the agency only with the approval of the head of the agency.
(c) The head of an agency shall include with an appropriation request submitted to the President a report that the statement of obligations submitted with the request contains obligations consistent with
(1) in a form that makes audits and reconciliations easy; and
(2) for a period necessary to carry out audits and reconciliations.
(d) To the extent practicable, the head of an agency shall—
(1) provide information supporting the agency's budget request for its missions by function and subfunction (including the mission of each organizational unit of the agency); and
(2) relate the agency's programs to its missions.
(e) Except as provided in subsection (f) of this section, an officer or employee of an agency (as defined in
(f) The Interstate Commerce Commission shall submit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the President or the Office of Management and Budget. An officer of an agency may not impose conditions on or impair communication by the Commission with Congress, or a committee or member of Congress, about the information.
(g) Amounts available under law are available for field examinations of appropriation estimates. The use of the amounts is subject only to regulations prescribed by the appropriate standing committees of Congress.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1108(a) | (no source). | |
| 1108(b)(1) | 31:16(last sentence related to appropriations requests). | June 10, 1921, ch. 18, §207(last sentence related to appropriations requests), |
| 31:22, 23. | June 10, 1921, ch. 18, §§214, 215, |
|
| 31:24(a). | June 10, 1921, ch. 18, §216(a), |
|
| 31:24(b), (c). | June 10, 1921, ch. 18, |
|
| 1108(b)(2) | 31:581b. | Sept. 12, 1950, ch. 946, §201, |
| 1108(c) | 31:200(b). | Aug. 26, 1954, ch. 935, §1311(b), |
| 31:200(c). | Aug. 26, 1954, ch. 935, §1311(c), |
|
| 1108(d) | 31:11(i)(last sentence). | June 10, 1921, ch. 18, |
| 1108(e) | 31:15. | June 10, 1921, ch. 18, §206, |
| 1108(f) | 31:11(j). | June 10, 1921, ch. 18, |
| 1108(g) | 31:22a. | Aug. 7, 1953, ch. 340, §1314, |
Subsection (a) is included because the source provisions restated in subsections (c), (d), (f), and (g) of the revised section are derived from laws that apply to all organizational units and branches of the United States Government rather than the units and branches included in the chapter-wide definition in section 1101.
In subsection (b)(1), the word "President" is substituted for "Office" in 31:16(last sentence) and "Office of Management and Budget" in 31:23 and 24(a) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (b)(2), the words "deficiency or supplemental appropriations" are substituted for "subsequent appropriations" for consistency. The words "the Office of Management and Budget" are omitted because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words "the agency" are substituted for "by such department or establishment, or by any organization unit thereof" to eliminate unnecessary words.
In subsection (c), before clause (1), the word "President" is substituted for "Office of Management and Budget" in 31:200(b) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words "submitted with the request contains obligations consistent with" are substituted for "furnished therewith consists of valid obligations as defined in" for clarity and because of the restatement. The words "The head of the agency shall support the report with a certification of the consistency" are substituted for "Each report made pursuant to subsection (b) of this section shall be supported by certifications" in 31:200(c) for clarity. The words "duty to make certifications" are substituted for "responsibility" for consistency.
In subsection (d)(1), the words "its missions" are substituted for "its assigned mission", and the words "the mission" are substituted for "mission responsibilities", to eliminate unnecessary words.
In subsection (d)(2), the word "mission" is substituted for "agency missions" to eliminate unnecessary words.
In subsection (e), the words "Except as provided in subsection (f) of this section" are added because of the restatement. The word "financial" is substituted for "revenue" for consistency in the revised title.
In subsection (f), the word "personnel" is substituted for "manpower", and the words "at the same time" are substituted for "concurrently", for clarity. The words "officer of an agency" are substituted for "officer or agency" as being more precise. The word "prohibit" is omitted as being included in "impose conditions on or impair". The word "communication" is substituted for "free communication" to eliminate a surplus word. The words "about the information" are substituted for "with respect to any budget estimate or request of the Commission" for consistency and to eliminate unnecessary words.
In subsection (g), the word "Amounts" is substituted for "Funds", the word "law" is substituted for "Act", and the words "regulations prescribed" are substituted for "regulations", for consistency in the revised title. The words "of Congress" are added for clarity.
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
§1109. Current programs and activities estimates
(a) On or before the first Monday after January 3 of each year (on or before February 5 in 1986), the President shall submit to both Houses of Congress the estimated budget outlays and proposed budget authority that would be included in the budget for the following fiscal year if programs and activities of the United States Government were carried on during that year at the same level as the current fiscal year without a change in policy. The President shall state the estimated budget outlays and proposed budget authority by function and subfunction under the classifications in the budget summary table under the heading "Budget Authority and Outlays by Function and Agency", by major programs in each function, and by agency. The President also shall include a statement of the economic and program assumptions on which those budget outlays and budget authority are based, including inflation, real economic growth, and unemployment rates, program caseloads, and pay increases.
(b) The Joint Economic Committee shall review the estimated budget outlays and proposed budget authority and submit an economic evaluation of the budget outlays and budget authority to the Committees on the Budget of both Houses before March 1 of each year.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1109(a) | 31:11a(a). | July 12, 1974, |
| 1109(b) | 31:11a(b). |
In the section, the words "budget outlays" are substituted for "outlays" for consistency in the revised title.
In subsection (a), the words "Before November 11" are substituted for "On or before November 10", the words "both Houses of Congress" are substituted for "the Senate and the House of Representatives", the word "following" is substituted for "ensuing", and the word "current" is substituted for "in progress", for consistency. The words "(beginning with 1975)" are omitted as executed. The words "of the United States Government" are added for clarity. The words "in such programs and activities" are omitted as surplus. The words "The President shall state" are substituted for "shall be shown", and the words "The President also shall include" are substituted for "Accompanying these estimates shall be", because of the restatement.
In subsection (b), the words "so submitted" are omitted as unnecessary. The words "before January 1" are substituted for "on or before December 31" for consistency.
Editorial Notes
Amendments
1985—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§1110. Year-ahead requests for authorizing legislation
A request to enact legislation authorizing new budget authority to continue a program or activity for a fiscal year shall be submitted to Congress before May 16 of the year before the year in which the fiscal year begins. If a new program or activity will continue for more than one year, the request must be submitted for at least the first and 2d fiscal years.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1110 | 31:11c. | July 12, 1974, |
The words "Notwithstanding any other provision of law" are omitted as unnecessary. The words "the enactment of" before "new" are omitted as surplus. The words "(beginning with the fiscal year commencing October 1, 1976)" are omitted as executed. The words "a request for the enactment of legislation authorizing the enactment of new budget authority for" are omitted for consistency in the chapter.
§1111. Improving economy and efficiency
To improve economy and efficiency in the United States Government, the President shall—
(1) make a study of each agency to decide, and may send Congress recommendations, on changes that should be made in—
(A) the organization, activities, and business methods of agencies;
(B) agency appropriations;
(C) the assignment of particular activities to particular services; and
(D) regrouping of services; and
(2) evaluate and develop improved plans for the organization, coordination, and management of the executive branch of the Government.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1111 | 31:18. | June 10, 1921, ch. 18, §209, |
| 31:18a. | Sept. 12, 1950, ch. 946, §104, |
In the section, before clause (1), the words "To improve economy and efficiency in the United States Government" are substituted for "(with a view of securing greater economy and efficiency in the conduct of the public service)" in 31:18 and "with a view to efficient and economical service" in 31:18a to eliminate unnecessary words. The word "President" is substituted for "Office of Management and Budget, when directed by the President" in 31:18 and "President, through the Director of the Office of Management and Budget" in 31:18a because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
Executive Documents
Regulatory Reductions
For provisions requiring executive departments and agencies to undertake to eliminate not less than 50 percent of its civilian internal management regulations not required by law, see Ex. Ord. No. 12861, Sept. 11, 1993, 58 F.R. 48255, set out as a note under
§1112. Fiscal, budget, and program information
(a) In this section, "agency" means a department, agency, or instrumentality of the United States Government except a mixed-ownership Government corporation.
(b) In cooperation with the Comptroller General, the Secretary of the Treasury and the Director of the Office of Management and Budget shall establish and maintain standard data processing and information systems for fiscal, budget, and program information for use by agencies to meet the needs of the Government, and to the extent practicable, of State and local governments.
(c) The Comptroller General—
(1) in cooperation with the Secretary, the Director of the Office of Management and Budget, and the Director of the Congressional Budget Office, shall establish, maintain, and publish standard terms and classifications for fiscal, budget, and program information of the Government, including information on fiscal policy, receipts, expenditures, programs, projects, activities, and functions;
(2) when advisable, shall report to Congress on those terms and classifications, and recommend legislation necessary to promote the establishment, maintenance, and use of standard terms and classifications by the executive branch of the Government; and
(3) in carrying out this subsection, shall give particular consideration to the needs of the Committees on Appropriations and on the Budget of both Houses of Congress, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office.
(d) Agencies shall use the standard terms and classifications published under subsection (c)(1) of this section in providing fiscal, budget, and program information to Congress.
(e) In consultation with the President, the head of each executive agency shall take actions necessary to achieve to the extent possible—
(1) consistency in budget and accounting classifications;
(2) synchronization between those classifications and organizational structure; and
(3) information by organizational unit on performance and program costs to support budget justifications.
(f) In cooperation with the Director of the Congressional Budget Office, the Comptroller General, and appropriate representatives of State and local governments, the Director of the Office of Management and Budget (to the extent practicable) shall provide State and local governments with fiscal, budget, and program information necessary for accurate and timely determination by those governments of the impact on their budgets of assistance of the United States Government.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1112(a) | 31:1157. | Oct. 26, 1970, |
| 1112(b) | 31:1151. | Oct. 26, 1970, |
| 1112(c) | 31:1152(a)(1)(1st, 2d sentences), (2), (b). | |
| 1112(d) | 31:1152(a)(1)(last sentence). | |
| 1112(e) | 31:18c. | Sept. 12, 1950, ch. 946, |
| 1112(f) | 31:1153(d). |
In the section, the words "program information" are substituted for "program-related data and information" to eliminate unnecessary words.
In subsection (a), the words " 'agency' . . . of the United States Government except a mixed-ownership Government corporation" are substituted for " 'Federal agency' . . . wholly owned Government corporation" for clarity and consistency in the revised title and with other titles of the United States Code. The word "establishment" is omitted as surplus. The words "government of the District of Columbia" are omitted as superseded by sections 441–455, 501, and 736 of the District of Columbia Self-Government and Governmental Reorganization Act (
In subsections (b) and (c)(1), the word "develop" is omitted as being included in "establish".
In subsection (b), the words "The development, establishment, and maintenance of such systems shall be carried out so as" are omitted as unnecessary because of the restatement.
In subsection (c)(1) and (2), the words "terms and classifications" are substituted for "terminology, definitions, classifications, and codes" to eliminate unnecessary words. In clause (1), the words "The authority contained in this section shall include, but not be limited to" are omitted as surplus. In clause (2), the words "After June 30, 1975" are omitted as executed. The word "additional" is omitted as surplus. The words "establishment, maintenance, and use of" are substituted for "development, establishment, and maintenance, modification . . . implementation" to eliminate unnecessary words and for consistency in the revised section. The words "by the executive branch of the Government" are substituted for "executive" for clarity. The text of 31:1152(a)(2)(1st sentence) is omitted as executed. In clause (3), the words "this subsection" are substituted for "this responsibility" because of the restatement.
In subsection (c)(1), the word "revenues" is omitted as being included in "receipts". The word "spending" is substituted for "expenditures" for consistency in the revised title.
In subsection (e), the word "President" is substituted for "Director of the Office of Management and Budget" because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
§1113. Congressional information
(a)(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
(b) When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
(c) In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory.
(d) To the extent they consider necessary, the Comptroller General and the Director of the Congressional Budget Office individually or jointly shall establish and maintain a file of information to meet recurring needs of Congress for fiscal, budget, and program information to carry out this section and
(e)(1) The Comptroller General shall—
(A) carry out a continuing program to identify the needs of committees and members of Congress for fiscal, budget, and program information to carry out this section and
(B) assist committees of Congress in developing their information needs;
(C) monitor recurring reporting requirements of Congress and committees; and
(D) make recommendations to Congress and committees for changes and improvements in those reporting requirements to meet information needs identified by the Comptroller General, to improve their usefulness to congressional users, and to eliminate unnecessary reporting.
(2) Before September 2 of each year, the Comptroller General shall report to Congress on—
(A) the needs identified under paragraph (1)(A) of this subsection;
(B) the relationship of those needs to existing reporting requirements;
(C) the extent to which reporting by the executive branch of the United States Government currently meets the identified needs;
(D) the changes to standard classifications necessary to meet congressional needs;
(E) activities, progress, and results of the program of the Comptroller General under paragraph (1)(B)–(D) of this subsection; and
(F) progress of the executive branch in the prior year.
(3) Before March 2 of each year, the Director of the Office of Management and Budget and the Secretary shall report to Congress on plans for meeting the needs identified under paragraph (1)(A) of this subsection, including—
(A) plans for carrying out changes to classifications to meet information needs of Congress;
(B) the status of information systems in the prior year; and
(C) the use of standard classifications.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1113(a) | 31:20. | June 10, 1921, ch. 18, §212, |
| 1113(b)–(d) | 31:1153(a)–(c). | Oct. 26, 1970, |
| 1113(e)(1) | 31:1152(c), (d). | Oct. 26, 1970, |
| 1113(e)(2) | 31:1152(e). | |
| 1113(e)(3) | 31:1152(f). |
In the section, the words "committee of Congress" are substituted for "committee of either House, of any joint committee of the two Houses" and variations of the substituted phrase to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the word "President" is substituted for "Office of Management and Budget" because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsections (b)–(d), the words "program information" are substituted for "program-related data and information" to eliminate unnecessary words.
In subsection (b)(1) and (3), the words "to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office" are omitted as unnecessary because of the restatement. In clause (1), the word "kind" is substituted for "nature" for consistency in the revised title. In clause (2), the words "that fiscal, budgetary, and program information" are substituted for "such data and information" because of the restatement.
In subsection (c), the word "inventory" is omitted as unnecessary. In clause (1), the word "develop" is omitted as being included in "establish". In clause (2), the word "obtaining" is substituted for "securing" as being more precise. In clause (3), the word "evaluating" is substituted for "appraising and analyzing" for clarity and to eliminate unnecessary words.
In subsection (d), the words "individually or jointly . . . file" are substituted for "central file or files" for clarity. The word "information" is substituted for "data and information", and the word "needs" is substituted for "requirements", for consistency in the section. The words "carry out" are substituted for "carry out the purposes of" because of the restatement. A cross reference to 31:1155–1156 is not included because those sections are not relevant to the information file described in the source provisions. The words "so that it is easier" are substituted for "facilitate" for clarity. The word "modern" is omitted as surplus.
In subsection (e)(1)(A), the word "specify" is omitted as being included in "identify". The words "carry out" are substituted for "support the objectives" for consistency. A cross reference to 31:1154–1156 is not included because those sections are not relevant to the continuing program described in the source provisions. In clause (B), the words "including such needs expressed in legislative requirements" are omitted as surplus. In clause (D), the word "duplicative" is omitted as being included in "unnecessary".
In subsection (e)(2), the words "Before September 2 of each year" are substituted for "On or before September 1, 1974, and each year thereafter" for consistency.
In subsection (e)(3), the words "Before March 2 of each year" are substituted for "On or before March 1, 1975, and each year thereafter" for consistency. The word "codes" is omitted as being included in "classifications". The words "information systems" are substituted for "systems", and the words "use of standard classifications" are substituted for "classification implementations", for consistency in the revised section.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1113(e)(2) | 31 App.:11(k)(2). | June 10, 1921, ch. 18, |
Editorial Notes
Amendments
1983—Subsec. (a).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements Contained in This Section
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under subsec. (e)(2)(A), (E), (3) of this section are listed on pages 9, 6, and 149, respectively), see section 3003 of
Oversight of Counterterrorism and Antiterrorism Activities; Report
Termination of Reporting Requirements
"(1)(A) Section 201(c)(2) of the Social Security Act (
"(B) Section 1817(b)(2) of the Social Security Act (
"(C) Section 1841(b)(2) of the Social Security Act (
"(2)(A) Section 221(c)(3)(C) of the Social Security Act (
"(B) Section 221(i)(3) of the Social Security Act (
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(1) Section 801(b) and (c) of the Department of Energy Organization Act (
"(2) Section 822(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (
"(3) Section 7(a) of the Marine Resources and Engineering Development Act of 1966 (
"(4) Section 206 of the National Aeronautics and Space Act of 1958 ([former] 42 U.S.C. 2476) [now
"(5) Section 404 of the Communications Satellite Act of 1962 ([former] 47 U.S.C. 744).
"(6) Section 205(a)(1) of the National Critical Materials Act of 1984 (
"(7) Section 17(c)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(8) Section 10(h) of the National Institute of Standards and Technology Act (
"(9) Section 212(f)(3) of the National Institute of Standards and Technology Authorization Act for Fiscal Year 1989 (
"(10) Section 11(g)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(11) Section 5(d)(9) of the National Climate Program Act (
"(12) Section 7 of the National Climate Program Act (
"(13) Section 703 of the Weather Service Modernization Act (
"(14) Section 118(d)(2) of the Federal Water Pollution Control Act (
"(15) Section 304(d) of the Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 (
"(16)
"(17) Section 303(c)(7) of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253(c)(7)) [see
"(18) Section 102(e)(7) of the Global Change Research Act of 1990 (
"(19) Section 5(b)(1)(C) and (D) of the Earthquake Hazards Reduction Act of 1977 (
"(20) Section 11(e)(6) of the Stevenson-Wydler Technology Innovation Act of 1980 (
"(21)
"(22) Section 4(j)(1) of the National Science Foundation Act of 1950 (
"(23) Section 36(e) of the Science and Engineering Equal Opportunities Act (
"(24) Section 37 of the Science and Engineering Equal Opportunities Act (
"(25) Section 108 of the National Science Foundation Authorization Act for Fiscal Year 1986 (
"(26) Section 101(a)(2) of the High-Performance Computing Act of 1991 (
"(27) Section 3(a)(7) and (f) of the National Science Foundation Act of 1950 (
"(28) Section 7(a) of the National Science Foundation Authorization Act, 1977 (
"(29) Section 16 of the Federal Fire Prevention and Control Act of 1974 (
"(1) Section 3 of the Employment Act of 1946 (
"(2) Section 723 of the Defense Production Act of 1950 [
"(3) Section 603 of the Public Works and Economic Development Act of 1965 (
"(4) Section 7(o)(1) of the Department of Housing and Urban Development Act (
"(5) Section 540(c) of the National Housing Act (
"(6) Paragraphs (2) and (6) of section 808(e) of the Civil Rights Act of 1968 (
"(7) Section 1061 of the Housing and Community Development Act of 1992 (
"(8) Section 203(v) [now 203(w)] of the National Housing Act (
"(9) Section 802 of the Housing Act of 1954 (
"(10) Section 8 of the Department of Housing and Urban Development Act (
"(11) Section 1320 of the National Flood Insurance Act of 1968 (
"(12) Section 4(e)(2) of the Department of Housing and Urban Development Act (
"(13) Section 205(g) of the National Housing Act ([former] 12 U.S.C. 1711(g)).
"(14) Section 701(c)(1) of the International Financial Institutions Act ([former] 22 U.S.C. 262d(c)(1)).
"(15) Paragraphs (1) and (2) of
"(16) Section 18(f)(7) of the Federal Trade Commission Act (
"(17) Section 333 of the Revised Statutes of the United States (
"(18) Section 3(g) of the Home Owners' Loan Act ([former] 12 U.S.C. 1462a(g)).
"(19) Section 304 of the Appalachian Regional Development Act of 1965 (
"(20) Sections 2(b)(1)(A), 8(a), 8(c) [there is no 8(c)], 10(g)(1), and 11(c) of the Export-Import Bank Act of 1945 (
"(21) Section 17(a) of the Federal Deposit Insurance Act (
"(22) Section 13 of the Federal Financing Bank Act of 1973 (
"(23) Section 2B(d) of the Federal Home Loan Bank Act ([former] 12 U.S.C. 1422b(d)).
"(24) Section 1002(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [
"(25) Section 8 of the Fair Credit and Charge Card Disclosure Act of 1988 [
"(26) Section 136(b)(4)(B) of the Truth in Lending Act (
"(27) Section 707 of the Equal Credit Opportunity Act (
"(28) Section 114 of the Truth in Lending Act (
"(29) The seventh undesignated paragraph of section 10 of the Federal Reserve Act (
"(30) The tenth undesignated paragraph of section 10 of the Federal Reserve Act (
"(31) Section 815 of the Fair Debt Collection Practices Act (
"(32) Section 102(d) of the Federal Credit Union Act (
"(33) Section 21B(i) of the Federal Home Loan Bank Act (
"(34) Section 607(a) of the Housing and Community Development Amendments of 1978 (
"(35) Section 708(l) of the Defense Production Act of 1950 (
"(36) Section 2546 of the Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 [
"(37) Section 202(b)(8) of the National Housing Act (
"(1) Sections 1105(a), 1106(a) and (b), and 1109(a) of
"(2) The Balanced Budget and Emergency Deficit Control Act of 1985 (
"(3) Sections 202(e)(1) and (3) of the Congressional Budget Act of 1974 (
"(4) Section 1014(e) of the Congressional Budget and Impoundment Control Act of 1974 (
"(1) Section 13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (
"(2) Section 16(c) of the Foreign Trade Zones Act (
"(3) The following provisions of the Tariff Act of 1930:
"(A) Section 330(c)(1) (
"(B) Section 607(c) (
"(4) Section 5 of the International Coffee Agreement Act of 1980 ([former] 19 U.S.C. 1356n).
"(5) Section 351(a)(2) of the Trade Expansion Act of 1962 (
"(6) Section 502 of the Automotive Products Trade Act of 1965 (
"(7) Section 3131 of the Customs Enforcement Act of 1986 (
"(8) The following provisions of the Trade Act of 1974 (
"(A) Section 102(b)(4)(A)(ii)(I) (
"(B) Section 102(e)(1) (
"(C) Section 102(e)(2) (
"(D) Section 104(d) (
"(E) Section 125(e) (
"(F) Section 135(e)(1) (
"(G) Section 141(c) (
"(H) Section 162 (
"(I) Section 163(b) (
"(J) Section 163(c) (
"(K) Section 203(b) (
"(L) Section 302(b)(2)(C) (
"(M) Section 303 (
"(N) Section 309 (
"(O) Section 407(a) (
"(P) Section 502(f) (
"(Q) Section 504 (
"(9) The following provisions of the Trade Agreements Act of 1979 (
"(A) Section 2(b) (
"(B) Section 3(c) (
"(C) Section 305(c) (
"(10) Section 303(g)(1) of the Convention on Cultural Property Implementation Act (
"(11) The following provisions of the Caribbean Basin Economic Recovery Act (
"(A) Section 212(a)(1)(A) (
"(B) Section 212(a)(2) (
"(12) The following provisions of the Omnibus Trade and Competitiveness Act of 1988 (
"(A) Section 1102 (
"(B) Section 1103 (
"(C) Section 1206(b) (
"(13) Section 123(a) of the Customs and Trade Act of 1990 (
"(14) Section 243(b)(2) of the Caribbean Basin Economic Recovery Expansion Act of 1990 (
"(15) The following provisions of the Internal Revenue Code of 1986 [
"(A) Section 6103(p)(5).
"(B) Section 7608.
"(C) Section 7802(f)(3).
"(D) Section 8022(3).
"(E) Section 9602(a).
"(16) The following provisions relating to the revenue laws of the United States:
"(A) Section 1552(c) of the Tax Reform Act of 1986 [
"(B) Section 231 of the Deficit Reduction Act of 1984 [
"(C) Section 208 of the Tax Treatment Extension Act of 1977 [
"(D) Section 7105 of the Technical and Miscellaneous Revenue Act of 1988 (
"(17) Section 4008 of the Employee Retirement Income Security Act of 1974 (
"(18) Section 426 of the Black Lung Benefits Act (
"(19)
"(20) The following provisions of the Social Security Act:
"(A) Section 215(i)(2)(C)(i) (
"(B) Section 221(i)(2) (
"(C) Section 221(i)(3) (
"(D) Section 233(e)(1) (
"(E) Section 452(a)(10) (
"(F) Section 452(g)(3)(B) (
"(G) Section 506(a)(1) (
"(H) Section 908 (
"(I) Section 1114(f) (
"(J) Section 1120 (
"(K) Section 1161 (
"(L) Section 1875(b) (
"(M) Section 1881 (
"(N) Section 1882 (
"(21) Section 104(b) of the Social Security Independence and Program Improvements Act of 1994 [
"(22) Section 10 of the Railroad Retirement Act of 1937 [probably means section 7 of the Railroad Retirement Act of 1974] (
"(23) The following provisions of the Railroad Retirement Act of 1974:
"(A) Section 22(a)(1) (
"(B) Section 22(b)(1) (
"(24) Section 502 of the Railroad Retirement Solvency Act of 1983 (
"(25)
"(26) The following provisions of the Omnibus Budget Reconciliation Act of 1987 (
"(A) Section 4007(c)(4) (
"(B) Section 4079 (
"(C) Section 4205 (
"(D) Section 4215 (
"(27) The following provisions of
"(A) Section 405(c).
"(B) Section 405(e).
"(28) The following provisions of the Public Health Service Act:
"(A) In section 308(a) (
"(B) Section 403 (
"(29) Section 404 of the Health Services and Centers Amendments of 1978 (
"(30) The following provisions of the Older Americans Act of 1965:
"(A) Section 206(d) [now 206(e)] (
"(B) Section 207 (
"(31) Section 308 of the Age Discrimination Act of 1975 (
"(32) Section 509(c)(3) [509(3)] of the Americans with Disabilities Act 0f [of] 1990 (
"(33) Section 4207(f) of the Omnibus Budget Reconciliation Act of 1990 [
"(1) Section 163 of the Trade Act of 1974 (
"(2) Section 181 of the Trade Act of 1974 (
"(1) The following sections of
"(2) The following sections of
"(3)
"(4) Section 9 of the Child Protection Act of 1984 [
"(5) Section 8 of the Civil Rights of Institutionalized Persons Act (
"(6) The following provisions of the Omnibus Crime Control and Safe Streets Act of 1968: sections 102(b) (
"(7) The following provisions of the Immigration and Nationality Act: sections 103 (
"(8) Section 3 of the International Claims Settlement Act of 1949 (
"(9) Section 9 of the War Claims Act of 1948 (
"(10) Section 13(c) of the Act of September 11, 1957 (
"(11) Section 203(b) of the Aleutian and Pribilof Islands Restitution Act (
"(12) Section 801(e) of the Immigration Act of 1990 (
"(13) Section 401 of the Immigration Reform and Control Act of 1986 (
"(14) Section 707 of the Equal Credit Opportunity Act (
"(15) Section 201(b) of the Privacy Protection Act of 1980 (
"(16) Section 609U of the Justice Assistance Act of 1984 ([former] 42 U.S.C. 10509).
"(17) Section 13(a) of the Classified Information Procedures Act (18 U.S.C. App.).
"(18) Section 1004 of the Civil Rights Act of 1964 (
"(19) Section 1114 of the Right to Financial Privacy Act of 1978 (
"(20) Section 11 of the Foreign Agents Registration Act of 1938 (
"(21) The following provisions of the Foreign Intelligence Surveillance Act of 1978: sections 107 (
"(22) Section 102(b)(5) of the Department of Justice and Related Agencies Appropriations Act, 1993 [
"(1)
"(2) Section 47103 of such title.
"(3) Section 47131 of such title."
"(1) Section 1205 of the International Security and Development Cooperation Act of 1985 (
"(2) Section 1307(f)(1)(A) of the International Financial Institutions Act [
"(3) Section 118(f) of the Foreign Assistance Act of 1961 (
"(4) Section 586J(c)(4) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (
"(5) Section 3 of the Authorization for Use of Military Force Against Iraq Resolution (
"(6) Section 124 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (
"(7) Section 620C(c) of the Foreign Assistance Act of 1961 (
"(8) Section 533(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 19991 [1991] (
"(9) Section 3602 of the Omnibus Trade and Competitiveness Act of 1988 (
"(10) Section 1702 of the International Financial Institutions Act (
"(11) Section 1303(c) of the International Financial Institutions Act (
"(12) Section 1701(a) of the International Financial Institutions Act (
"(13) Section 163(a) of the Trade Act of 1974 (
"(14) Section 8 of the Export-Import Bank Act (
"(15) Section 407(f) of the Food for Peace Act (
"(16) Section 239(c) of the Foreign Assistance Act of 1961 (
"(17) Section 504(i) of the National Endowment for Democracy Act (
"(18) Section 5(b) of the Japan-United States Friendship Act (
"(1) The following sections of
"(2) Section 1121(f) of the National Defense Authorization Act for Fiscal Year 1988 and 1989 (
"(3) Section 1405 of the Defense Dependents' Education Act of 1978 (
"(4) Section 1411(b) of the Barry Goldwater Scholarship and Excellence in Education Act (
"(5) Section 1097 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 [
"(6) Section 30A(d) of the Arms Export Control Act (
"(7) Sections 1516(f) and 1518(c) of the Armed Forces Retirement Home Act of 1991 (
"(8) Sections 3554(e)(2) and [former] 9503(a) of
"(9)
"(10)
"(11)
"(12) Section 205(b) of the Federal Property and Administrative Services Act of 1949 (
"(13) Section 3732 of the Revised Statutes, popularly known as the 'Food and Forage Act' ([former] 41 U.S.C. 11) [now
"(14) Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act ([former] 42 U.S.C. 1973ff(b)(6)) [now
"(15) Section 1436(e) of the National Defense Authorization Act, Fiscal Year 1989 (
"(16) Section 165 of the Energy Policy and Conservation Act (
"(17) Section 603(e) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ([former] 42 U.S.C. 6683(e)).
"(18) Section 822(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (
"(19) Section 208 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1979 ([former] 42 U.S.C. 7271).
"(20) Section 3134 of the National Defense Authorization Act for Fiscal Year 1991 (
"(21) Section 3135 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (
"(22) Section 12 of the Act of March 9, 1920 (popularly known as the 'Suits in Admiralty Act') (46 App. U.S.C. 752) [now
"(23) Sections 44106(a) [probably should be "46106(a)"] and 55305(d) of
"(24) Sections 11 and 14 of the Strategic and Critical Materials Stock Piling Act (
"(25) Section 108 of the National Security Act of 1947 ([former] 50 U.S.C. 404a) [now
"(26) Section 4 of the Act entitled 'An Act to authorize the making, amending, and modification of contracts to facilitate the national defense', approved August 28, 1958 ([former] 50 U.S.C. 1434).
"(27) Section 1412(g) of the Department of Defense Authorization Act, 1986 (
"(28) Section 3 of the Authorization for Use of Military Force Against Iraq Resolution [
"(29) Sections 202(d) and 401(c) of the National Emergencies Act (
"(30) Section 10(g) of the Military Selective Service Act (
"(31) Section 708 of the Defense Production Act of 1950 (
"[(32) Repealed.
"(33) Section 704 of the Military Construction Authorization Act, 1982 (
"(34) Section 113(b) of the National Defense Authorization Act for Fiscal Year 1990 and 1991 (
"(a)
"(1)
"(2)
"(A)
"(B) the Chief Financial Officers Act of 1990 (
"(b)
"(c)
"(d)
"(1) section 116 of the Foreign Assistance Act of 1961 (
"(2) section 306 of that Act (
"(3) section 489 of that Act (
"(4) section 502B of that Act (
"(5) section 634 of that Act (
"(6) section 406 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (
"(7) section 25 of the Arms Export Control Act (
"(8) section 28 of that Act (
"(9) section 36 of that Act (
"(10) section 6 of the Multinational Force and Observers Participation Resolution (
"(11) section 104 of the FREEDOM Support Act ([former] 22 U.S.C. 5814);
"(12) section 508 of that Act (
"(13) section 4 of the War Powers Resolution (
"(14) section 204 of the International Emergency Economic Powers Act (
"(15) [former] section 14 of the Export Administration Act of 1979 (
"(16) section 207 of the International Economic Policy Act of 1972 (
"(17) section 4 of
"(18) section 108 of the National Security Act of 1947 ([former] 50 U.S.C. 404a) [now
"(19) section 704 of the Support for East European Democracy (SEED) Act of 1989 (
"(20) section 804 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (
"(21) section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (
"(22) section 2 of the Act of September 21, 1950 (
"(23) section 3301 of the Panama Canal Act of 1979 (
"(24) section 2202 of the Export Enhancement Act of 1988 ([former] 15 U.S.C. 4711);
"(25) section 1504 of
"(26) section 502 of the International Security and Development Coordination Act of 1985 (
"(27) section 23 of the Act of August 1, 1956 (
"(28) [former] section 5(c)(5) of the Export Administration Act of 1979 (
"(29) [former] section 14 of the Export Administration Act of 1979 (
"(30) section 50 of
"(31) section 240A of the Foreign Assistance Act of 1961 ([former] 22 U.S.C. 2200a);
"(32) section 27(k) of the Consumer Product Safety Act (
"(33) section 604 of the United States Information and Educational Exchange Act of 1948 (
Authority To Increase Efficiency in Reporting to Congress
"(a)
"(b)
"(c)
"(d)
[§1114. Repealed. Pub. L. 103–355, title II, §2454(c)(2), Oct. 13, 1994, 108 Stat. 3326 ]
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of
§1115. Federal Government and agency performance plans
(a)
(1) establish Federal Government performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year for each of the Federal Government priority goals required under
(2) identify the agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities contributing to each Federal Government performance goal during the current fiscal year;
(3) for each Federal Government performance goal, identify a lead Government official who shall be responsible for coordinating the efforts to achieve the goal;
(4) establish common Federal Government performance indicators with quarterly targets to be used in measuring or assessing—
(A) overall progress toward each Federal Government performance goal; and
(B) the individual contribution of each agency, organization, program activity, regulation, tax expenditure, policy, and other activity identified under paragraph (2);
(5) establish clearly defined quarterly milestones; and
(6) identify major management challenges that are Governmentwide or crosscutting in nature and describe plans to address such challenges, including relevant performance goals, performance indicators, and milestones.
(b)
(1) establish performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year;
(2) express such goals in an objective, quantifiable, and measurable form unless authorized to be in an alternative form under subsection (c);
(3) describe how the performance goals contribute to—
(A) the general goals and objectives established in the agency's strategic plan required by
(B) any of the Federal Government performance goals established in the Federal Government performance plan required by subsection (a)(1);
(4) identify among the performance goals those which are designated as agency priority goals as required by
(5) provide a description of how the performance goals are to be achieved, including—
(A) the human capital, training, data and evidence, information technology, and skill sets required to meet the performance goals;
(B) the technology modernization investments, system upgrades, staff technology skills and expertise, stakeholder input and feedback, and other resources and strategies needed and required to meet the performance goals;
(C) clearly defined milestones;
(D) an identification of the organizations, program activities, regulations, policies, operational processes, and other activities that contribute to each performance goal, both within and external to the agency;
(E) a description of how the agency is working with other agencies and the organizations identified in subparagraph (D) to measure and achieve its performance goals as well as relevant Federal Government performance goals; and
(F) an identification of the agency officials responsible for the achievement of each performance goal, who shall be known as goal leaders;
(6) establish a balanced set of performance indicators to be used in measuring or assessing progress toward each performance goal, including, as appropriate, customer service, efficiency, output, and outcome indicators;
(7) provide a basis for comparing actual program results with the established performance goals;
(8) a description of how the agency will ensure the accuracy and reliability of the data used to measure progress towards its performance goals, including an identification of—
(A) the means to be used to verify and validate measured values;
(B) the sources for the data;
(C) the level of accuracy required for the intended use of the data;
(D) any limitations to the data at the required level of accuracy; and
(E) how the agency will compensate for such limitations if needed to reach the required level of accuracy;
(9) describe major management challenges the agency faces and identify—
(A) planned actions to address such challenges;
(B) performance goals, performance indicators, and milestones to measure progress toward resolving such challenges; and
(C) the agency official responsible for resolving such challenges; and
(10) identify low-priority program activities based on an analysis of their contribution to the mission and goals of the agency and include an evidence-based justification for designating a program activity as low priority.
(c)
(1) include separate descriptive statements of—
(A)(i) a minimally effective program; and
(ii) a successful program; or
(B) such alternative as authorized by the Director of the Office of Management and Budget, with sufficient precision and in such terms that would allow for an accurate, independent determination of whether the program activity's performance meets the criteria of the description; or
(2) state why it is infeasible or impractical to express a performance goal in any form for the program activity.
(d)
(e)
(1) is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; and
(2) is properly classified pursuant to such Executive order.
(f)
(g)
(h)
(1) "agency" has the same meaning as such term is defined under
(2) "crosscutting" means across organizational (such as agency) boundaries;
(3) "customer service measure" means an assessment of service delivery to a customer, client, citizen, or other recipient, which can include an assessment of quality, timeliness, and satisfaction among other factors;
(4) "efficiency measure" means a ratio of a program activity's inputs (such as costs or hours worked by employees) to its outputs (amount of products or services delivered) or outcomes (the desired results of a program);
(5) "major management challenge" means programs or management functions, within or across agencies, that have greater vulnerability to waste, fraud, abuse, and mismanagement (such as issues identified by the Government Accountability Office as high risk or issues identified by an Inspector General) where a failure to perform well could seriously affect the ability of an agency or the Government to achieve its mission or goals;
(6) "milestone" means a scheduled event signifying the completion of a major deliverable or a set of related deliverables or a phase of work;
(7) "outcome measure" means an assessment of the results of a program activity compared to its intended purpose;
(8) "output measure" means the tabulation, calculation, or recording of activity or effort that can be expressed in a quantitative or qualitative manner;
(9) "performance goal" means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate;
(10) "performance indicator" means a particular value or characteristic used to measure output or outcome;
(11) "program activity" means a specific activity or project as listed in the program and financing schedules of the annual budget of the United States Government; and
(12) "program evaluation" means an assessment, through objective measurement and systematic analysis, of the manner and extent to which Federal programs achieve intended objectives.
(Added
Editorial Notes
Prior Provisions
A prior section 1115, added
Amendments
2022—Subsec. (b)(5).
Subsec. (g).
2021—Subsec. (a).
Statutory Notes and Related Subsidiaries
Format of Performance Plans and Reports
"(a)
"(1) not incur expenses for the printing of strategic plans, performance plans, and performance reports for release external to the agency, except when providing such documents to the Congress;
"(2) produce such plans and reports in searchable, machine-readable formats; and
"(3) make such plans and reports available on a website described in
"(b)
"(1)
"(2)
"(3)
Implementation of Pub. L. 111–352
"(a)
"(1)
"(2)
"(A) not later than February 6, 2012, make adjustments to its strategic plan to make the plan consistent with the requirements of this Act;
"(B) prepare and submit performance plans consistent with the requirements of this Act, including the identification of agency priority goals, beginning with the performance plan for fiscal year 2013; and
"(C) make performance reporting updates consistent with the requirements of this Act beginning in fiscal year 2012.
"(3)
"(A) with the first full quarter beginning on or after the date of enactment of this Act [Jan. 4, 2011] for agencies based on the agency priority goals contained in the Analytical Perspectives volume of the Fiscal Year 2011 Budget of the United States Government; and
"(B) with the quarter ending June 30, 2012 for the interim Federal Government priority goals.
"(b)
Congressional Oversight and Legislation
"(a)
"(b)
"(1)
"(A) an evaluation of the implementation of the interim planning and reporting activities conducted under section 14 of this Act [set out as a note above]; and
"(B) any recommendations for improving implementation of this Act as determined appropriate.
"(2)
"(A)
"(B)
"(i)
"(ii)
"(I) an initial report on the evaluation under clause (i), not later than September 30, 2015; and
"(II) a subsequent report on the evaluation under clause (i), not later than September 30, 2017.
"(C)
"(i)
"(ii)
"(I) an initial report on the evaluation under clause (i), not later than September 30, 2015; and
"(II) subsequent reports on the evaluation under clause (i), not later than September 30, 2017 and every 4 years thereafter.
"(D)
Strategic Planning and Performance Measurement Training
Executive Documents
Ex. Ord. No. 13450. Improving Government Program Performance
Ex. Ord. No. 13450, Nov. 13, 2007, 72 F.R. 64519, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(a) "agency" means:
(i) an executive agency as defined in
(ii) the United States Postal Service and the Postal Regulatory Commission;
(b) "agency Performance Improvement Officer" means an employee of an agency who is a member of the Senior Executive Service or equivalent service, and who is designated by the head of the agency to carry out the duties set forth in section 5 of this order.
(a) approve for implementation:
(i) clear annual and long-term goals defined by objectively measurable outcomes; and
(ii) specific plans for achieving the goals, including:
(A) assignments to specified agency personnel of:
(1) the duties necessary to achieve the goals; and
(2) the authority and resources necessary to fulfill such duties;
(B) means to measure:
(1) progress toward achievement of the goals; and
(2) efficiency in use of resources in making that progress; and
(C) mechanisms for ensuring continuous accountability of the specified agency personnel to the head of the agency for achievement of the goals and efficiency in use of resources in achievement of the goals;
(b) assist the President, through the Director of the Office of Management and Budget (Director), in making recommendations to the Congress, including budget and appropriations recommendations, that are justified based on objective performance information and accurate estimates of the full costs of achieving the annual and long-term goals approved under subsection (a)(i) of this section; and
(c) ensure that agency Internet websites available to the public include regularly updated and accurate information on the performance of the agency and its programs, in a readily useable and searchable form, that sets forth the successes, shortfalls, and challenges of each program and describes the agency's efforts to improve the performance of the program.
(i) the contents, and schedule for approval, of the goals and plans required by section 3 of this order; and
(ii) the availability to the public in readily accessible and comprehensible form on the agency's Internet website (or in the Federal Register for any agency that does not have such a website), of the information approved by the head of each agency under section 3 of this order and other information relating to agency performance.
(b) Instructions issued under subsection (a) of this section shall facilitate compliance with applicable law, presidential guidance, and Office of Management and Budget circulars and shall be designed to minimize duplication of effort and to assist in maximizing the efficiency and effectiveness of agencies and their programs.
(a) supervise the performance management activities of the agency, including:
(i) development of the goals, specific plans, and estimates for which section 3 of this order provides; and
(ii) development of the agency's strategic plans, annual performance plans, and annual performance reports as required by law;
(b) advise the head of the agency, with respect to a program administered in whole or in part by the agency, whether:
(i) goals proposed for the approval of the head of the agency under section 3(a)(i) of this order are:
(A) sufficiently aggressive toward full achievement of the purposes of the program; and
(B) realistic in light of authority and resources assigned to the specified agency personnel referred to in section 3(a)(ii)(A) of this order with respect to that program; and
(ii) means for measurement of progress toward achievement of the goals are sufficiently rigorous and accurate;
(c) convene the specified agency personnel referred to in section 3(a)(ii)(A) of this order, or appropriate subgroups thereof, regularly throughout each year to:
(i) assess performance of each program administered in whole or in part by the agency; and
(ii) consider means to improve the performance and efficiency of such program;
(d) assist the head of the agency in the development and use within the agency of performance measures in personnel performance appraisals, and, as appropriate, other agency personnel and planning processes; and
(e) report to the head of the agency on the implementation within the agency of the policy set forth in section 1 of this order.
(b) The Council shall consist exclusively of:
(i) the Deputy Director for Management of the Office of Management and Budget, who shall serve as Chair;
(ii) such agency Performance Improvement Officers, as determined by the Chair; and
(iii) such other full-time or permanent part-time employees of an agency, as determined by the Chair with the concurrence of the head of the agency concerned.
(c) The Chair or the Chair's designee, in implementing subsection (d) of this section, shall convene and preside at the meetings of the Council, determine its agenda, direct its work, and establish and direct subgroups of the Council, as appropriate to deal with particular subject matters, that shall consist exclusively of members of the Council.
(d) To assist in implementing the policy set forth in section 1 of this order, the Council shall:
(i) develop and submit to the Director, or when appropriate to the President through the Director, at times and in such formats as the Chair may specify, recommendations concerning:
(A) performance management policies and requirements; and
(B) criteria for evaluation of program performance;
(ii) facilitate the exchange among agencies of information on performance management, including strategic and annual planning and reporting, to accelerate improvements in program performance;
(iii) coordinate and monitor a continuous review by heads of agencies of the performance and management of all Federal programs that assesses the clarity of purpose, quality of strategic and performance planning and goals, management excellence, and results achieved for each agency's programs, with the results of these assessments and the evidence on which they are based made available to the public on or through the Internet website referred to in subsection (d)(iv);
(iv) to facilitate keeping the public informed, and with such assistance of heads of agencies as the Director may require, develop an Internet website that provides the public with information on how well each agency performs and that serves as a comprehensive source of information on:
(A) current program performance; and
(B) the status of program performance plans and agency Performance and Accountability Reports; and
(C) consistent with the direction of the head of the agency concerned after consultation with the Director, any publicly available reports by the agency's Inspector General concerning agency program performance;
(v) monitor implementation by agencies of the policy set forth in section 1 of this order and report thereon from time to time as appropriate to the Director, or when appropriate to the President through the Director, at such times and in such formats as the Chair may specify, together with any recommendations of the Council for more effective implementation of such policy;
(vi) at the request of the head of an agency, unless the Chair declines the request, promptly review and provide advice on a proposed action by that agency to implement the policy set forth in section 1 of this order; and
(vii) obtain information and advice, as appropriate, in a manner that seeks individual advice and does not involve collective judgment or consensus advice or deliberation, from:
(A) State, local, territorial, and tribal officials; and
(B) representatives of entities or other individuals.
(e)(i) To the extent permitted by law, the Office of Management and Budget shall provide the funding and administrative support the Council needs, as determined by the Director, to implement this section; and
(ii) the heads of agencies shall provide, as appropriate and to the extent permitted by law, such information and assistance as the Chair may request to implement this section.
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law (including laws and executive orders relating to the protection of information from disclosure) and subject to the availability of appropriations.
(c) In implementing this order, the Director of National Intelligence shall perform the functions assigned to the Director of National Intelligence by the National Security Act of 1947, as amended ([former] 50 U.S.C. 401 et seq.) [now
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, or entities, its officers, employees, or agents, or any other person.
George W. Bush.
§1116. Agency performance reporting
(a) The head of each agency shall make available on a public website of the agency and to the Office of Management and Budget an update on agency performance.
(b)(1) Each update shall compare actual performance achieved with the performance goals established in the agency performance plan under section 1115(b) and shall occur no less than 150 days after the end of each fiscal year, with more frequent updates of actual performance on indicators that provide data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden.
(2) If performance goals are specified in an alternative form under section 1115(c), the results shall be described in relation to such specifications, including whether the performance failed to meet the criteria of a minimally effective or successful program.
(c) Each update shall—
(1) review the success of achieving the performance goals and include actual results for the 5 preceding fiscal years;
(2) evaluate the performance plan for the current fiscal year relative to the performance achieved toward the performance goals during the period covered by the update;
(3) explain and describe where a performance goal has not been met (including when a program activity's performance is determined not to have met the criteria of a successful program activity under section 1115(c)(1)(A)(ii) or a corresponding level of achievement if another alternative form is used)—
(A) why the goal was not met;
(B) those plans and schedules for achieving the established performance goal; and
(C) if the performance goal is impractical or infeasible, why that is the case and what action is recommended;
(4) describe the use and assess the effectiveness in achieving performance goals of any waiver under
(5) include a review of the performance goals and evaluation of the performance plan relative to the agency's strategic human capital management;
(6) describe how the agency ensures the accuracy and reliability of the data used to measure progress towards its performance goals, including an identification of—
(A) the means used to verify and validate measured values;
(B) the sources for the data;
(C) the level of accuracy required for the intended use of the data;
(D) any limitations to the data at the required level of accuracy; and
(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy; and
(7) include the summary findings of those program evaluations completed during the period covered by the update.
(d) If an agency performance update includes any program activity or information that is specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such Executive Order, the head of the agency shall make such information available in the classified appendix provided under section 1115(e).
(e) The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of agency performance updates under this section shall be performed only by Federal employees.
(f) Each fiscal year, the Office of Management and Budget shall determine whether the agency programs or activities meet performance goals and objectives outlined in the agency performance plans and submit a report on unmet goals to—
(1) the head of the agency;
(2) the Committee on Homeland Security and Governmental Affairs of the Senate;
(3) the Committee on Oversight and Governmental Reform of the House of Representatives; and
(4) the Government Accountability Office.
(g) If an agency's programs or activities have not met performance goals as determined by the Office of Management and Budget for 1 fiscal year, the head of the agency shall submit a performance improvement plan to the Office of Management and Budget to increase program effectiveness for each unmet goal with measurable milestones. The agency shall designate a senior official who shall oversee the performance improvement strategies for each unmet goal.
(h)(1) If the Office of Management and Budget determines that agency programs or activities have unmet performance goals for 2 consecutive fiscal years, the head of the agency shall—
(A) submit to Congress a description of the actions the Administration will take to improve performance, including proposed statutory changes or planned executive actions; and
(B) describe any additional funding the agency will obligate to achieve the goal, if such an action is determined appropriate in consultation with the Director of the Office of Management and Budget, for an amount determined appropriate by the Director.
(2) In providing additional funding described under paragraph (1)(B), the head of the agency shall use any reprogramming or transfer authority available to the agency. If after exercising such authority additional funding is necessary to achieve the level determined appropriate by the Director of the Office of Management and Budget, the head of the agency shall submit a request to Congress for additional reprogramming or transfer authority.
(i) If an agency's programs or activities have not met performance goals as determined by the Office of Management and Budget for 3 consecutive fiscal years, the Director of the Office of Management and Budget shall submit recommendations to Congress on actions to improve performance not later than 60 days after that determination, including—
(1) reauthorization proposals for each program or activity that has not met performance goals;
(2) proposed statutory changes necessary for the program activities to achieve the proposed level of performance on each performance goal; and
(3) planned executive actions or identification of the program for termination or reduction in the President's budget.
(Added
Editorial Notes
Prior Provisions
A prior section 1116, added
Statutory Notes and Related Subsidiaries
Merit Systems Protection Board
"(1)
"(A) Information relating to the outcome of cases decided by the Merit Systems Protection Board during the period covered by such report in which violations of section 2302(b)(8) or (9)(A)(i), (B)(i), (C), or (D) of
"(B) The number of such cases filed in the regional and field offices, and the number of petitions for review filed in such cases, during the period covered by such report, and the outcomes of any such cases or petitions for review (irrespective of when filed) decided during such period.
"(2)
§1117. Exemption
The Director of the Office of Management and Budget may exempt from the requirements of
(Added
Statutory Notes and Related Subsidiaries
Construction
No provision or amendment made by
§1118. Pilot projects for performance goals
(a) The Director of the Office of Management and Budget, after consultation with the head of each agency, shall designate not less than ten agencies as pilot projects in performance measurement for fiscal years 1994, 1995, and 1996. The selected agencies shall reflect a representative range of Government functions and capabilities in measuring and reporting program performance.
(b) Pilot projects in the designated agencies shall undertake the preparation of performance plans under section 1115, and program performance reports under section 1116, other than section 1116(c), for one or more of the major functions and operations of the agency. A strategic plan shall be used when preparing agency performance plans during one or more years of the pilot period.
(c) No later than May 1, 1997, the Director of the Office of Management and Budget shall submit a report to the President and to the Congress which shall—
(1) assess the benefits, costs, and usefulness of the plans and reports prepared by the pilot agencies in meeting the purposes of the Government Performance and Results Act of 1993;
(2) identify any significant difficulties experienced by the pilot agencies in preparing plans and reports; and
(3) set forth any recommended changes in the requirements of the provisions of Government Performance and Results Act of 1993,
(Added
Editorial Notes
References in Text
The Government Performance and Results Act of 1993, referred to in subsec. (c)(1), (3), is
Statutory Notes and Related Subsidiaries
Construction
No provision or amendment made by
§1119. Pilot projects for performance budgeting
(a) The Director of the Office of Management and Budget, after consultation with the head of each agency shall designate not less than five agencies as pilot projects in performance budgeting for fiscal years 1998 and 1999. At least three of the agencies shall be selected from those designated as pilot projects under section 1118, and shall also reflect a representative range of Government functions and capabilities in measuring and reporting program performance.
(b) Pilot projects in the designated agencies shall cover the preparation of performance budgets. Such budgets shall present, for one or more of the major functions and operations of the agency, the varying levels of performance, including outcome-related performance, that would result from different budgeted amounts.
(c) The Director of the Office of Management and Budget shall include, as an alternative budget presentation in the budget submitted under section 1105 for fiscal year 1999, the performance budgets of the designated agencies for this fiscal year.
(d) No later than March 31, 2001, the Director of the Office of Management and Budget shall transmit a report to the President and to the Congress on the performance budgeting pilot projects which shall—
(1) assess the feasibility and advisability of including a performance budget as part of the annual budget submitted under section 1105;
(2) describe any difficulties encountered by the pilot agencies in preparing a performance budget;
(3) recommend whether legislation requiring performance budgets should be proposed and the general provisions of any legislation; and
(4) set forth any recommended changes in the other requirements of the Government Performance and Results Act of 1993,
(e) After receipt of the report required under subsection (d), the Congress may specify that a performance budget be submitted as part of the annual budget submitted under section 1105.
(Added
Editorial Notes
References in Text
The Government Performance and Results Act of 1993, referred to in subsec. (d)(4), is
Statutory Notes and Related Subsidiaries
Construction
No provision or amendment made by
§1120. Federal Government and agency priority goals
(a)
(1) The Director of the Office of Management and Budget shall coordinate with agencies to develop priority goals to improve the performance and management of the Federal Government. Such Federal Government priority goals shall include—
(A) outcome-oriented goals covering a limited number of crosscutting policy areas; and
(B) goals for management improvements needed across the Federal Government, including—
(i) financial management;
(ii) human capital management;
(iii) information technology management;
(iv) procurement and acquisition management; and
(v) real property management;
(2) The Federal Government priority goals shall be long-term in nature. At a minimum, the Federal Government priority goals shall be updated or revised every 4 years and made publicly available concurrently with the submission of the budget of the United States Government made in the first full fiscal year following any year in which the term of the President commences under
(3) When developing or making adjustments to Federal Government priority goals, the Director of the Office of Management and Budget shall consult periodically with the Congress, including obtaining majority and minority views from—
(A) the Committees on Appropriations of the Senate and the House of Representatives;
(B) the Committees on the Budget of the Senate and the House of Representatives;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Oversight and Government Reform of the House of Representatives;
(E) the Committee on Finance of the Senate;
(F) the Committee on Ways and Means of the House of Representatives; and
(G) any other committees as determined appropriate;
(4) The Director of the Office of Management and Budget shall consult with the appropriate committees of Congress at least once every 2 years.
(5) The Director of the Office of Management and Budget shall make information about the Federal Government priority goals available on a website described in
(6) The Federal Government performance plan required under
(b)
(1) Every 2 years, the head of each agency listed in
(A) reflect the highest priorities of the agency, as determined by the head of the agency and informed by the Federal Government priority goals provided under subsection (a) and the consultations with Congress and other interested parties required by
(B) have ambitious targets that can be achieved within a 2-year period;
(C) have a clearly identified agency official, known as a goal leader, who is responsible for the achievement of each agency priority goal;
(D) have interim quarterly targets for performance indicators if more frequent updates of actual performance provides data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden; and
(E) have clearly defined quarterly milestones.
(2) If an agency priority goal includes any program activity or information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such Executive order, the head of the agency shall make such information available in the classified appendix provided under section 1115(e).
(c) The functions and activities of this section shall be considered to be inherently governmental functions. The development of Federal Government and agency priority goals shall be performed only by Federal employees.
(Added
Editorial Notes
Amendments
2021—Subsec. (a)(5).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§1121. Quarterly priority progress reviews and use of performance information
(a)
(1) for each Federal Government priority goal required by
(2) include in such reviews officials from the agencies, organizations, and program activities that contribute to the accomplishment of each Federal Government priority goal;
(3) assess whether agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned to each Federal Government priority goal;
(4) categorize the Federal Government priority goals by risk of not achieving the planned level of performance; and
(5) for the Federal Government priority goals at greatest risk of not meeting the planned level of performance, identify prospects and strategies for performance improvement, including any needed changes to agencies, organizations, program activities, regulations, tax expenditures, policies or other activities.
(b)
(1) for each agency priority goal, review with the appropriate goal leader the progress achieved during the most recent quarter, overall trend data, and the likelihood of meeting the planned level of performance;
(2) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each agency priority goal;
(3) assess whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned to the agency priority goals;
(4) categorize agency priority goals by risk of not achieving the planned level of performance; and
(5) for agency priority goals at greatest risk of not meeting the planned level of performance, identify prospects and strategies for performance improvement, including any needed changes to agency program activities, regulations, policies, or other activities.
(Added
§1122. Transparency of programs, priority goals, and results
(a)
(1)
(A) the term "Federal financial assistance" has the meaning given that term under section 7501;
(B) the term "open Government data asset" has the meaning given that term under
(C) the term "program" means a single program activity or an organized set of aggregated, disaggregated, or consolidated program activities by one or more agencies directed toward a common purpose or goal; and
(D) the term "program activity" has the meaning given that term in section 1115(h).
(2)
(A) ensure the effective operation of a single website that includes the information required under subsections (b) and (c);
(B) include on the website described in subparagraph (A), or another appropriate Federal Government website where related information is made available, as determined by the Director—
(i) a program inventory that shall identify each program; and
(ii) for each program identified in the program inventory, the information required under paragraph (3);
(C) make the information in the program inventory required under subparagraph (B) available as an open Government data asset; and
(D) at a minimum—
(i) update the information required to be included on the single website under subparagraph (A) on a quarterly basis; and
(ii) update the program inventory required under subparagraph (B) on an annual basis.
(3)
(A) an identification of how the agency defines the term "program", consistent with guidance provided by the Director of the Office of Management and Budget, including the program activities that are aggregated, disaggregated, or consolidated to be considered a program by the agency;
(B) a description of the purposes of the program and the contribution of the program to the mission and goals of the agency;
(C) an identification of funding for the current fiscal year and previous 2 fiscal years and,
(D) for each program activity that is part of a program—
(i) a description of the purposes of the program activity and the contribution of the program activity to the mission and goals of the agency;
(ii) a consolidated view for the current fiscal year and each of the 2 fiscal years before the current fiscal year of—
(I) the amount appropriated;
(II) the amount obligated; and
(III) the amount outlayed;
(iii) to the extent practicable and permitted by law, links to any related evaluation, assessment, or program performance review by the agency, an inspector general, or the Government Accountability Office (including program performance reports required under section 1116), and other related evidence assembled in response to implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (
(iv) an identification of the statutes that authorize the program activity or the authority under which the program activity was created or operates;
(v) an identification of any major regulations specific to the program activity;
(vi) any other information that the Director of the Office of Management and Budget determines relevant relating to program activity data in priority areas most relevant to Congress or the public to increase transparency and accountability; and
(vii) for each assistance listing under which Federal financial assistance is provided, for the current fiscal year and each of the 2 fiscal years before the current fiscal year and consistent with existing law relating to the protection of personally identifiable information—
(I) a linkage to the relevant program activities that fund Federal financial assistance by assistance listing;
(II) information on the population intended to be served by the assistance listing based on the language of the solicitation, as required under section 6102;
(III) to the extent practicable and based on data reported to the agency providing the Federal financial assistance, the results of the Federal financial assistance awards provided by the assistance listing;
(IV) to the extent practicable, the percentage of the amount appropriated for the assistance listing that is used for management and administration;
(V) the identification of each award of Federal financial assistance and, to the extent practicable, the name of each direct or indirect recipient of the award; and
(VI) any information relating to the award of Federal financial assistance that is required to be included on the website established under section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (
(4)
(A) archive and preserve the information included in the program inventory required under paragraph (2)(B) after the end of the period during which such information is made available under paragraph (3); and
(B) make information archived in accordance with subparagraph (A) publicly available as an open Government data asset.
(b)
(1) a description of how the agency incorporated any views and suggestions obtained through congressional consultations about the agency priority goal;
(2) an identification of key factors external to the agency and beyond its control that could significantly affect the achievement of the agency priority goal;
(3) a description of how each agency priority goal will be achieved, including—
(A) the strategies and resources required to meet the priority goal;
(B) clearly defined milestones;
(C) the organizations, program activities, regulations, policies, and other activities that contribute to each goal, both within and external to the agency;
(D) how the agency is working with other agencies to achieve the goal; and
(E) an identification of the agency official responsible for achieving the priority goal;
(4) the performance indicators to be used in measuring or assessing progress;
(5) a description of how the agency ensures the accuracy and reliability of the data used to measure progress towards the priority goal, including an identification of—
(A) the means used to verify and validate measured values;
(B) the sources for the data;
(C) the level of accuracy required for the intended use of the data;
(D) any limitations to the data at the required level of accuracy; and
(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy;
(6) the results achieved during the most recent quarter and overall trend data compared to the planned level of performance;
(7) an assessment of whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned;
(8) an identification of the agency priority goals at risk of not achieving the planned level of performance; and
(9) any prospects or strategies for performance improvement.
(c)
(1) a brief description of each of the Federal Government priority goals required by
(2) a description of how the Federal Government priority goals incorporate views and suggestions obtained through congressional consultations;
(3) the Federal Government performance goals and performance indicators associated with each Federal Government priority goal as required by
(4) an identification of the lead Government official for each Federal Government performance goal;
(5) the results achieved during the most recent quarter and overall trend data compared to the planned level of performance;
(6) an identification of the agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities that contribute to each Federal Government priority goal;
(7) an assessment of whether relevant agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned;
(8) an identification of the Federal Government priority goals at risk of not achieving the planned level of performance; and
(9) any prospects or strategies for performance improvement.
(d)
(Added
Editorial Notes
References in Text
The Foundations for Evidence-Based Policymaking Act of 2018, referred to in subsec. (a)(3)(D)(iii), is
Section 2(b) of the Federal Funding Accountability and Transparency Act of 2006, referred to in subsec. (a)(3)(D)(vii)(VI), is section 2(b) of
Amendments
2021—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(3).
Subsec. (a)(3)(D).
Subsec. (a)(4).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Guidance, Implementation, Reporting, and Review
"(1)
"(A) the term 'appropriate congressional committees' means the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate;
"(B) the term 'Director' means the Director of the Office of Management and Budget;
"(C) the term 'program' has the meaning given that term in
"(D) the term 'program activity' has the meaning given that term in
"(E) the term 'Secretary' means the Secretary of the Treasury.
"(2)
"(A) includes a plan that—
"(i) discusses how making available on a website the information required under subsection (a) of
"(ii) indicates how any gaps in data will be assessed and addressed;
"(iii) indicates how the Director will display such data; and
"(iv) discusses how the Director will expand the information collected with respect to program activities to incorporate the information required under the amendments made by subsection (a);
"(B) sets forth details regarding a pilot program, developed in accordance with best practices for effective pilot programs—
"(i) to develop and implement a functional program inventory that could be limited in scope; and
"(ii) under which the information required under the amendments made by subsection (a) with respect to program activities shall be made available on the website required under
"(C) establishes an implementation timeline for—
"(i) gathering and building program activity information;
"(ii) developing and implementing the pilot program;
"(iii) seeking and responding to stakeholder comments;
"(iv) developing and presenting findings from the pilot program to the appropriate congressional committees;
"(v) notifying the appropriate congressional committees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and
"(vi) implementing a Governmentwide program inventory through an iterative approach; and
"(D) includes recommendations, if any, to reconcile the conflicting definitions of the term 'program' in relevant Federal statutes, as it relates to the purpose of this section.
"(3)
"(A)
"(B)
"(4)
"(A) review how the Director and agencies determined how to aggregate, disaggregate, or consolidate program activities to provide the most useful information for an inventory of Government programs;
"(B) evaluate the extent to which the program inventory required under
"(C) evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas; and
"(D) include the recommendations of the Comptroller General, if any, for improving implementation of this section and the amendments made by this section."
§1123. Chief Operating Officers
(a)
(b)
(1) provide overall organization management to improve agency performance and achieve the mission and goals of the agency through the use of strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved;
(2) advise and assist the head of agency in carrying out the requirements of
(3) oversee agency-specific efforts to improve management functions within the agency and across Government; and
(4) coordinate and collaborate with relevant personnel within and external to the agency who have a significant role in contributing to and achieving the mission and goals of the agency, such as the Chief Financial Officer, Chief Human Capital Officer, Chief Acquisition Officer/Senior Procurement Executive, Chief Information Officer, and other line of business chiefs at the agency.
(Added
§1124. Performance Improvement Officers and the Performance Improvement Council
(a)
(1)
(2)
(A) advise and assist the head of the agency and the Chief Operating Officer to ensure that the mission and goals of the agency are achieved through strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved;
(B) advise the head of the agency and the Chief Operating Officer on the selection of agency goals, including opportunities to collaborate with other agencies on common goals;
(C) assist the head of the agency and the Chief Operating Officer in overseeing the implementation of the agency strategic planning, performance planning, and reporting requirements provided under
(D) support the head of agency and the Chief Operating Officer in the conduct of regular reviews of agency performance, including at least quarterly reviews of progress achieved toward agency priority goals, if applicable;
(E) assist the head of the agency and the Chief Operating Officer in the development and use within the agency of performance measures in personnel performance appraisals, and, as appropriate, other agency personnel and planning processes and assessments; and
(F) ensure that agency progress toward the achievement of all goals is communicated to leaders, managers, and employees in the agency and Congress, and made available on a public website of the agency.
(b)
(1)
(A) the Deputy Director for Management of the Office of Management and Budget, who shall act as chairperson of the Council;
(B) the Performance Improvement Officer from each agency defined in
(C) other Performance Improvement Officers as determined appropriate by the chairperson; and
(D) other individuals as determined appropriate by the chairperson.
(2)
(A) be convened by the chairperson or the designee of the chairperson, who shall preside at the meetings of the Performance Improvement Council, determine its agenda, direct its work, and establish and direct subgroups of the Performance Improvement Council, as appropriate, to deal with particular subject matters;
(B) assist the Director of the Office of Management and Budget to improve the performance of the Federal Government and achieve the Federal Government priority goals;
(C) assist the Director of the Office of Management and Budget in implementing the planning, reporting, and use of performance information requirements related to the Federal Government priority goals provided under
(D) work to resolve specific Governmentwide or crosscutting performance issues, as necessary;
(E) facilitate the exchange among agencies of practices that have led to performance improvements within specific programs, agencies, or across agencies;
(F) coordinate with other interagency management councils;
(G) seek advice and information as appropriate from nonmember agencies, particularly smaller agencies;
(H) consider the performance improvement experiences of corporations, nonprofit organizations, foreign, State, and local governments, Government employees, public sector unions, and customers of Government services;
(I) receive such assistance, information and advice from agencies as the Council may request, which agencies shall provide to the extent permitted by law; and
(J) develop and submit to the Director of the Office of Management and Budget, or when appropriate to the President through the Director of the Office of Management and Budget, at times and in such formats as the chairperson may specify, recommendations to streamline and improve performance management policies and requirements.
(3)
(A)
(B)
(Added
§1125. Elimination of unnecessary agency reporting
(a)
(1) compile a list that identifies all plans and reports the agency produces for Congress, in accordance with statutory requirements or as directed in congressional reports;
(2) analyze the list compiled under paragraph (1), identify which plans and reports are outdated or duplicative of other required plans and reports, and refine the list to include only the plans and reports identified to be outdated or duplicative;
(3) consult with the congressional committees that receive the plans and reports identified under paragraph (2) to determine whether those plans and reports are no longer useful to the committees and could be eliminated or consolidated with other plans and reports; and
(4) provide a total count of plans and reports compiled under paragraph (1) and the list of outdated and duplicative reports identified under paragraph (2) to the Director of the Office of Management and Budget.
(b)
(1)
(2)
(c)
(Added
Editorial Notes
References in Text
Section 1105(a)(37), referred to in subsec. (c), probably means the section 1105(a)(37) added by section 11(a)(2) of
1 See References in Text note below.
§1126. Program Management Improvement Officers and Program Management Policy Council
(a)
(1)
(2)
(A) implement program management policies established by the agency under section 503(c); and
(B) develop a strategy for enhancing the role of program managers within the agency that includes the following:
(i) Enhanced training and educational opportunities for program managers that shall include—
(I) training in the relevant competencies encompassed with program and project manager within the private sector for program managers; and
(II) training that emphasizes cost containment for large projects and programs.
(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency.
(iii) Improved career paths and career opportunities for program managers.
(iv) A plan to encourage the recruitment and retention of highly qualified individuals to serve as program managers.
(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency.
(vi) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes.
(3)
(b)
(1)
(2)
(A) advise and assist the Deputy Director for Management of the Office of Management and Budget;
(B) review programs identified as high risk by the Government Accountability Office and make recommendations for actions to be taken by the Deputy Director for Management of the Office of Management and Budget or a designee;
(C) discuss topics of importance to the workforce, including—
(i) career development and workforce development needs;
(ii) policy to support continuous improvement in program and project management; and
(iii) major challenges across agencies in managing programs;
(D) advise on the development and applicability of standards governmentwide for program management transparency; and
(E) review the information published on a website described in section 1122.
(3)
(A)
(i) Five members from the Office of Management and Budget as follows:
(I) The Deputy Director for Management.
(II) The Administrator of the Office of Electronic Government.
(III) The Administrator of Federal Procurement Policy.
(IV) The Controller of the Office of Federal Financial Management.
(V) The Director of the Office of Performance and Personnel Management.
(ii) The Program Management Improvement Officer from each agency described in section 901(b).
(iii) Any other full-time or permanent part-time officer or employee of the Federal Government or member of the Armed Forces designated by the Chairperson.
(B)
(i)
(ii)
(4)
(5)
(Added
Editorial Notes
Similar Provisions
Another section 1126, added
Amendments
2021—Subsec. (a)(1).
Subsec. (b)(2)(E).
Subsec. (b)(4).
2019—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Program and Project Management Personnel Standards
"(1)
"(2)
"(A) identify key skills and competencies needed for a program and project manager in an agency;
"(B) establish a new job series, or update and improve an existing job series, for program and project management within an agency; and
"(C) establish a new career path for program and project managers within an agency."
Similar provisions were contained in
CHAPTER 13 —APPROPRIATIONS
SUBCHAPTER I—GENERAL
SUBCHAPTER II—TRUST FUNDS AND REFUNDS
SUBCHAPTER III—LIMITATIONS, EXCEPTIONS, AND PENALTIES
Editorial Notes
Amendments
2018—
1998—
1990—
1989—
1986—
SUBCHAPTER I—GENERAL
§1301. Application
(a) Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.
(b) The reappropriation and diversion of the unexpended balance of an appropriation for a purpose other than that for which the appropriation originally was made shall be construed and accounted for as a new appropriation. The unexpended balance shall be reduced by the amount to be diverted.
(c) An appropriation in a regular, annual appropriation law may be construed to be permanent or available continuously only if the appropriation—
(1) is for rivers and harbors, lighthouses, public buildings, or the pay of the Navy and Marine Corps; or
(2) expressly provides that it is available after the fiscal year covered by the law in which it appears.
(d) A law may be construed to make an appropriation out of the Treasury or to authorize making a contract for the payment of money in excess of an appropriation only if the law specifically states that an appropriation is made or that such a contract may be made.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1301(a) | 31:628. | R.S. §3678. |
| 1301(b) | 31:717. | Mar. 4, 1915, ch. 147, §4, |
| 1301(c) | 31:718. | Aug. 24, 1912, ch. 355, §7, |
| 1301(d) | 31:627. | June 30, 1906, ch. 3914, §9, |
In subsection (a), the word "Appropriations" is substituted for "sums appropriated for the various branches of expenditure in the public service" to eliminate unnecessary words. The words "they are respectively" and "and for no others" are omitted as surplus. The words "except as otherwise provided by law" are substituted for "All" in section 3678 of the Revised Statutes to inform the reader that there are exceptions to the source provisions restated in the subsection.
In subsection (c), before clause (1), the words "specific or indefinite" are omitted as surplus. The words "made subsequent to August 24, 1912" are omitted as executed. The words "without reference to a fiscal year" are omitted as surplus. In clause (1), the words "is for" are substituted for "belongs to one of the following four classes" to eliminate unnecessary words. The words "last specifically named in and excepted from the operation of the provisions of
In subsection (d), the words "passed after June 30, 1906" are omitted as executed.
Statutory Notes and Related Subsidiaries
Short Title of 2019 Amendment
Short Title of 2018 Amendment
Short Title of 1984 Amendment
Transfers From Appropriation Accounts; Salaries of Temporarily Reassigned Employees
"(1) no amount may be transferred from an appropriation account for the Departments of Labor, Health and Human Services, and Education except as authorized in this or any subsequent appropriation Act, or in the Act establishing the program or activity for which funds are contained in this Act [see Tables for classification];
"(2) no department, agency, or other entity, other than the one responsible for administering the program or activity for which an appropriation is made in this Act, may exercise authority for the timing of the obligation and expenditure of such appropriation, or for the purpose for which it is obligated and expended, except to the extent and in the manner otherwise provided in
"(3) no funds provided under this Act or subsequent Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Acts shall be available for the salary (or any part thereof) of an employee who is reassigned on a temporary detail basis to another position in the employing agency or department or in any other agency or department, unless the detail is independently approved by the head of the employing department or agency."
Similar provisions were contained in the following prior appropriation acts:
Executive Documents
Ex. Ord. No. 13457. Protecting American Taxpayers From Government Spending on Wasteful Earmarks
Ex. Ord. No. 13457, Jan. 29, 2008, 73 F.R. 6417, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(i) agency decisions to commit, obligate, or expend funds for any earmark are based on the text of laws, and in particular, are not based on language in any report of a committee of Congress, joint explanatory statement of a committee of conference of the Congress, statement of managers concerning a bill in the Congress, or any other non-statutory statement or indication of views of the Congress, or a House, committee, Member, officer, or staff thereof;
(ii) agency decisions to commit, obligate, or expend funds for any earmark are based on authorized, transparent, statutory criteria and merit-based decision making, in the manner set forth in section II of OMB Memorandum M–07–10, dated February 15, 2007, to the extent consistent with applicable law; and
(iii) no oral or written communications concerning earmarks shall supersede statutory criteria, competitive awards, or merit-based decisionmaking.
(b) An agency shall not consider the views of a House, committee, Member, officer, or staff of the Congress with respect to commitments, obligations, or expenditures to carry out any earmark unless such views are in writing, to facilitate consideration in accordance with section 2(a)(ii) above. All written communications from the Congress, or a House, committee, Member, officer, or staff thereof, recommending that funds be committed, obligated, or expended on any earmark shall be made publicly available on the Internet by the receiving agency, not later than 30 days after receipt of such communication, unless otherwise specifically directed by the head of the agency, without delegation, after consultation with the Director of the Office of Management and Budget, to preserve appropriate confidentiality between the executive and legislative branches.
(c) Heads of agencies shall otherwise implement within their respective agencies the policy set forth in section 1 of this order, consistent with such instructions as the Director of the Office of Management and Budget may prescribe.
(d) The head of each agency shall upon request provide to the Director of the Office of Management and Budget information about earmarks and compliance with this order.
(a) The term "agency" means an executive agency as defined in
(b) the term "earmark" means funds provided by the Congress for projects, programs, or grants where the purported congressional direction (whether in statutory text, report language, or other communication) circumvents otherwise applicable merit-based or competitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the executive branch to manage its statutory and constitutional responsibilities pertaining to the funds allocation process.
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
George W. Bush.
§1302. Determining amounts appropriated
Except as specifically provided by law, the total amount appropriated in an appropriation law is determined by adding up the specific amounts or rates appropriated in each paragraph of the law.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1302 | 31:670. | May 28, 1896, ch. 252, §1(par. immediately before heading "Treasury Department"), |
The words "by adding up" are substituted for "by the correct footing up" for clarity.
§1303. Effect of changes in titles of appropriations
Expenditures for a particular object or purpose authorized by a law (and referred to in that law by the specific title previously used for the appropriation item in the appropriation law concerned) may be made from a corresponding appropriation item when the specific title is changed or eliminated from a later appropriation law.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1303 | 31:581(note). | Sept. 12, 1950, ch. 946, §302(b), |
§1304. Judgments, awards, and compromise settlements
(a) Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when—
(1) payment is not otherwise provided for;
(2) payment is certified by the Secretary of the Treasury; and
(3) the judgment, award, or settlement is payable—
(A) under
(B) under
(C) under a decision of a board of contract appeals; or
(D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under
(b)(1) Interest may be paid from the appropriation made by this section—
(A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or
(B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under
(2) Interest payable under this subsection in a proceeding reviewed by the Supreme Court is not allowed after the end of the term in which the judgment is affirmed.
(c)(1) A judgment or compromise settlement against the Government shall be paid under this section and sections 2414, 2517, and 2518 1 of title 28 when the judgment or settlement arises out of an express or implied contract made by—
(A) the Army and Air Force Exchange Service;
(B) the Navy Exchanges;
(C) the Marine Corps Exchanges;
(D) the Coast Guard Exchanges; or
(E) the Exchange Councils of the National Aeronautics and Space Administration.
(2) The Exchange making the contract shall reimburse the Government for the amount paid by the Government.
(d) Beginning not later than the date that is 60 days after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and unless the disclosure of such information is otherwise prohibited by law or a court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment:
(1) The name of the specific agency or entity whose actions gave rise to the claim or judgment.
(2) The name of the plaintiff or claimant.
(3) The name of counsel for the plaintiff or claimant.
(4) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.
(5) A brief description of the facts that gave rise to the claim.
(6) The name of the agency that submitted the claim.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1304(a) | 31:724a(1st sentence words before 1st proviso). | July 27, 1956, ch. 748, §1302(1st sentence), |
| 1304(b) | 28:2516(b)(less 1st sentence words after last comma). | |
| 31:724a(1st sentence 1st, 2d provisos). | ||
| 1304(c) | 31:724a(1st sentence last proviso) |
In subsection (a), before clause (1), the words "out of any money in the Treasury not otherwise appropriated" are omitted as surplus. The words "awards rendered by the Indian Claims Commission" are omitted as executed because under 25:70v the Commission was dissolved and all of its outstanding cases were transferred to the Court of Claims. Under 25:70v–3, judgments on cases transferred to the Court of Claims are judgments under 28:2517 and 2518 and are therefore included under clause (3)(A) of the subsection.
In subsection (b), the text of 28:2516(b)(less 1st sentence words after last comma) is omitted as superseded by 31:724a.
In subsection (b)(1)(A), the words "through the day before the date" are substituted for "to the date" as being more precise.
Editorial Notes
References in Text
The date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, referred to in subsec. (d), is the date of enactment of
Amendments
2019—Subsec. (a)(3)(D).
Subsec. (d).
2010—Subsec. (a)(3)(D).
1996—Subsecs. (a)(2), (b)(1)(A), (B).
1992—Subsec. (b)(1)(B).
1982—Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
1 See References in Text note below.
§1305. Miscellaneous permanent appropriations
Necessary amounts are appropriated for the following:
(1) to pay the proceeds of the personal estate of a United States citizen dying abroad to the legal representative of the deceased on proper demand and proof.
(2) to pay interest on the public debt under laws authorizing payment.
(3) to pay proceeds from derelict and salvage cases adjudged by the courts of the United States to salvors.
(4) to make payments required under contracts made under section 108 of the Housing and Community Development Act of 1974 (
(5) to make payments required under contracts made under section 103(b) of the Housing Act of 1949 (
(6) to pay the interest on the fund derived from the bequest of James Smithson, for the construction of buildings and expenses of the Smithsonian Institution, at the rates determined under section 5590 of the Revised Statutes (
annual contributions for assisted housing
(7) to make payments required under contracts made under section 5 of the United States Housing Act of 1937, as amended (
college housing grants
(8) to make payments required under contracts made under title IV of the Housing Act of 1950, as amended (
rent supplement program
(9) to make payments required under contracts under section 101 of the Housing and Urban Development Act of 1965, as amended (
homeownership and rental housing assistance
(10) to make payments required under contracts under sections 235 and 236, respectively, of the National Housing Act, as amended (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1305 | 31:711(1)–(3), (11a)–(23). | R.S. §3689(less last 3 pars. on p. 725 related to redemption of stamps, debentures and other charges, and debentures and drawbacks, 2d par. on p. 726 related to repayment of excess of deposits, 3d–7th pars. on p. 726 related to refunding duties on goods destroyed, marine hospital establishment, refunding duties, refunding proceeds of goods seized and sold, and refunding proceeds of unclaimed merchandise); June 20, 1874, ch. 328, §4(less words between 1st and 2d semicolons), |
In the section, the words "out of any moneys in the Treasury not otherwise appropriated" and "and such appropriations shall be deemed permanent annual appropriations" are omitted as surplus.
In clause (2), the text of section 4(words after 2d semicolon) of the Act of June 20, 1874 (ch. 328,
The text of 31:711(3) is omitted as superseded by the source provisions restated in section 1322 of the revised title.
The text of 31:711(11a) is omitted because the Environmental Financing Authority expired on June 30, 1975.
The text of 31:711(12) is omitted as superseded by 31:725s(a)(1st proviso) and 31:725s(a)(59).
The text of 31:711(13) is omitted as obsolete because provisions relating to horses and property lost in military service were repealed by section 1 of the Act of December 16, 1930 (ch. 14,
The text of 31:711(14) is omitted as superseded by 31:240–243.
The text of 31:711(16) is omitted as obsolete because of the repeal of the permanent appropriation for surveying within land grants (reimbursable) by 31:725(a) and (b)(13).
The text of 31:711(17) is omitted as superseded by the repeal of the appropriation account "Five Percent Funds to States" by 31:725c(a) and (b)(34).
The text of 31:711(18) is omitted as superseded by 31:725b(a) and (b)(8).
The text of 31:711(19) is omitted as superseded by 31:725q(a) and (b)(14).
The text of 31:711(20) is omitted as superseded by section 1(1st par. on p. 447) of the Act of March 3, 1875 (ch. 132,
1983 Act
This amends 31:1305(6) to conform to the Smithsonian Institution charter as amended by section 1 of the Act of June 22, 1982 (
References in Text
Section 103(b) of the Housing Act of 1949 (
The Housing Act of 1950, referred to in par. (8), is act Apr. 20, 1950, ch. 94,
Section 101 of the Housing and Urban Development Act of 1965, referred to in par. (9), is section 101 of
Editorial Notes
Amendments
1984—Pars. (7) to (10).
1983—Par. (6).
§1306. Use of foreign credits
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1306 | 31:724. | July 15, 1952, ch. 758, §1415, |
The words "are not available for expenditure by agencies except as provided annually in general appropriation laws" are substituted for "will not be available for expenditure by agencies of the United States after June 30, 1953, except as may be provided for annually in appropriation Acts" because of section 101 of the revised title.
Editorial Notes
Amendments
1996—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Appropriations of Excess Currencies
Similar provisions were contained in the following prior appropriations acts:
§1307. Public building construction
Amounts appropriated to construct public buildings remain available until completion of the work. When a building is completed and outstanding liabilities for the construction are paid, balances remaining shall revert immediately to the Treasury.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1307 | 31:682. | June 23, 1874, ch. 476, §1, |
The words before the proviso in the Act of June 23, 1874 (ch. 476,
§1308. Telephone and metered services
Charges for telephone and metered services (such as gas, electricity, water, and steam) for a time period beginning in one fiscal year or allotment period and ending in another fiscal year or allotment period may be charged against the appropriation or allotment current at the end of the time period covered by the service.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1308 | 31:668a. | Apr. 27, 1937, ch. 143, |
The words "On and after April 27, 1937" are omitted as executed. The words "Charges for telephone and metered services" are substituted for "in making payments for commodities or services the quantity of which is determined by metered readings . . . and for telephone services" to eliminate unnecessary words. The words "another fiscal year or allotment period" are substituted for "another", and the words "time period covered by the service" are substituted for "such period", for clarity.
§1309. Social security tax
Amounts made available for the compensation of officers and employees of the United States Government may be used to pay taxes imposed on an agency as an employer under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1309 | 31:699a. | July 15, 1952, ch. 758, §1410, |
The word "Amounts" is substituted for "Appropriations and funds" to eliminate unnecessary words. The words "salaries, wages, or" are omitted as being included in "compensation".
Editorial Notes
Amendments
1986—
§1310. Appropriations for private organizations
(a) The Secretary of the Treasury shall credit an appropriation for a private organization to the appropriate fiscal official of the organization. The credit shall be carried on the accounts of—
(1) the Treasury; or
(2) a designated depositary of the United States Government (except a national bank).
(b) The fiscal official may pay an amount out of the appropriation only on a check of the fiscal official—
(1) payable to the order of the person to whom payment is to be made; and
(2) that states the specific purpose for which the amount is to be applied.
(c)(1) The fiscal official may pay an amount of less than $20 out of the appropriation on a check—
(A) payable to the order of the fiscal official; and
(B) that states the amount is to be applied to small claims.
(2) The fiscal official shall provide the Secretary or the designated depositary on which the check is drawn with a certified list of the claims. The list shall state the kind and amount of each claim and the name of each claimant.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1310(a) | 31:721(words before 14th comma). | June 23, 1874, ch. 455, §1(par. immediately before heading "Smithsonian Institution"), |
| 1310(b) | 31:721(words between 14th comma and proviso). | |
| 1310(c) | 31:721(proviso). |
In subsection (a), before clause (1), the words "by warrant" are omitted as unnecessary because of
In subsection (b), before clause (1), the words "The fiscal official may pay an amount out of the appropriation" are substituted for "shall be paid out" for clarity. In clause (1), the words "for services, materials, or any other purpose" are omitted as unnecessary. In clause (2), the words "in writing" are omitted as surplus. The word "purpose" is substituted for "object or purpose" to eliminate unnecessary words.
In subsections (b)(2) and (c), the word "amount" is substituted for "the avails thereof" for clarity.
In subsection (c)(1), before clause (A), the words "an amount of less than $20 out of the appropriation" are substituted for "payments are to be made under $20" for clarity. In clause (B), the words "in writing on the check" are omitted as unnecessary.
In subsection (c)(2), the word "Secretary" is substituted for "Treasurer" because of the source provisions restated in section 321(c) of the revised title.
SUBCHAPTER II—TRUST FUNDS AND REFUNDS
§1321. Trust funds
(a) The following are classified as trust funds:
(1) Philippine special fund (customs duties).
(2) Philippine special fund (internal revenue).
(3) Unclaimed condemnation awards, Department of the Treasury.
(4) Naval reservation, Olangapo civil fund.
(5) Armed Forces Retirement Home Trust Fund.
(6) Return to deported aliens of passage money collected from steamship companies.
(7) Vocational rehabilitation, special fund.
(8) Library of Congress gift fund.
(9) Library of Congress trust fund, investment account.
(10) Library of Congress trust fund, income from investment account.
(11) Library of Congress trust fund, permanent loan.
(12) Relief and rehabilitation, Longshore and Harbor Workers' Compensation Act.
(13) Cooperative work, Forest Service.
(14) Wages and effects of American seamen, Department of Commerce.
(15) Pension money, Saint Elizabeths Hospital.
(16) Personal funds of patients, Saint Elizabeths Hospital.
(17) National Park Service, donations.
(18) Purchase of lands, national parks, donations.
(19) Extension of winter-feed facilities of game animals of Yellowstone National Park, donations.
(20) Indian moneys, proceeds of labor, agencies, schools, and so forth.
(21) Funds of Federal prisoners.
(22) Commissary funds, Federal prisons.
(23) Pay of the Navy, deposit funds.
(24) Pay of Marine Corps, deposit funds.
(25) Pay of the Army, deposit fund.
(26) Preservation birthplace of Abraham Lincoln.
(27) Funds contributed for flood control, Mississippi River, its outlets and tributaries.
(28) Funds contributed for flood control, Sacramento River, California.
(29) Effects of deceased employees, Department of the Treasury.
(30) Money and effects of deceased patients, Public Health Service.
(31) Effects of deceased employees, Department of Commerce.
(32) Topographic survey of the United States, contributions.
(33) National Institutes of Health, gift fund.
(34) National Institutes of Health, conditional gift fund.
(35) Patients' deposits, United States Marine Hospital, Carville, Louisiana.
(36) Estates of deceased personnel, Department of the Army.
(37) Effects of deceased employees, Department of the Interior.
(38) Fredericksburg and Spotsylvania County Battlefields memorial fund.
(39) Petersburg National Military Park fund.
(40) Gorgas memorial laboratory quotas.
(41) Contributions to International Boundary Commission, United States and Mexico.
(42) Salvage proceeds, American vessels.
(43) Wages due American seamen.
(44) Federal Industrial Institution for Women, contributions for chapel.
(45) General post fund, National Homes, Department of Veterans Affairs.
(46) Repatriation of American seamen.
(47) Expenses, public survey work, general.
(48) Expenses, public survey work, Alaska.
(49) Funds contributed for improvement of roads, bridges, and trails, Alaska.
(50) Protective works and measures, Lake of the Woods and Rainy River, Minnesota.
(51) Washington redemption fund.
(52) Permit fund, District of Columbia.
(53) Unclaimed condemnation awards, National Capital Park and Planning Commission, District of Columbia.
(54) Unclaimed condemnation awards, Rock Creek and Potomac Parkway Commission, District of Columbia.
(55) Miscellaneous trust fund deposits, District of Columbia.
(56) Surplus fund, District of Columbia.
(57) Relief and rehabilitation, District of Columbia Workmen's Compensation Act.
(58) Inmates' fund, workhouse and reformatory, District of Columbia.
(59) International Center for Middle Eastern-Western Dialogue Trust Fund.
(60) Chamber Music Auditorium, Library of Congress.
(61) Bequest of Gertrude Hubbard.
(62) Puerto Rico special fund (Internal Revenue).
(63) Miscellaneous trust funds, Department of State.
(64) Funds contributed for improvement of (name of river or harbor).
(65) Funds advanced for improvement of (name of river or harbor).
(66) Funds contributed for Indian projects.
(67) Miscellaneous trust funds of Indian tribes.
(68) Ship's stores profits, Navy.
(69) Completing Surveys within Railroad Land Grants.
(70) Memorial to Women of World War, contributions.
(71) Funds contributed for Memorial to John Ericsson.
(72) American National Red Cross Building, contributions.
(73) Estate of decedents, Department of State, Trust Fund.
(74) Funds due Incompetent Beneficiaries, Department of Veterans Affairs.
(75) To promote the Education of the Blind (principal).
(76) Paving Government Road across Fort Sill Military Reservation, Okla.
(77) Bequest of William F. Edgar, Museum and Library, office of Surgeon General of the Army.
(78) Funds Contributed for Flood Control (name of river, harbor, or project).
(79) Matured obligations of the District of Columbia.
(80) To promote the education of the blind (interest).
[(81) Repealed.
(82) Post-Vietnam Era Veterans Education Account, Department of Veterans Affairs.
(83) United States Government life insurance fund, Department of Veterans Affairs.
(84) Estates of deceased soldiers, United States Army.
(85) Teachers Retirement Fund Deductions, District of Columbia.
(86) Teachers Retirement Fund, Government Reserves, District of Columbia.
(87) Expenses of Smithsonian Institution Trust Fund (principal).
(88) Civil Service Retirement and Disability Fund.
(89) Canal Zone Retirement and Disability Fund.
(90) Foreign Service Retirement and Disability Fund.
(91) Violent Crime Reduction Trust Fund.
(b)(1) Amounts (except amounts received by the Comptroller of the Currency and the Federal Deposit Insurance Corporation) that are analogous to the funds named in subsection (a) of this section and are received by the United States Government as trustee shall be deposited in an appropriate trust fund account in the Treasury. Except as provided in paragraph (2), amounts accruing to these funds are appropriated to be disbursed in compliance with the terms of the trust.
(2) Expenditures from the following trust funds may be made only under annual appropriations and only if the appropriations are specifically authorized by law:
(A) Armed Forces Retirement Home Trust Fund.
(B) Fisher House Trust Fund, Department of the Army.
(C) Fisher House Trust Fund, Department of the Air Force.
(D) Fisher House Trust Fund, Department of the Navy.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1321(a) | 31:725s(a)(1st sentence, cls. (1)–(84)), (c). | June 26, 1934, ch. 756, §20(less (a)(last sentence last proviso)), |
| 1321(b) | 31:725s(a)(2d sentence, last sentence 1st, 2d provisos). |
In the section, the cross-references to subsection (b) in the source provisions being restated are assumed to be references to clauses (1)–(84) of subsection (a) because the source provisions contain no subsection (b).
In subsection (a), the words "appearing on the books of the Government" and "on the books of the Treasury" are omitted as surplus.
In subsection (b), the words "effective July 1, 1935" and the 2d proviso are omitted as executed.
Editorial Notes
References in Text
The Longshore and Harbor Workers' Compensation Act, referred to in subsec. (a)(12), is act Mar. 4, 1927, ch. 509,
The International Boundary Commission, United States and Mexico, referred to in subsec. (a)(41), was redesignated the International Boundary and Water Commission, United States and Mexico, by the Water Treaty of 1944.
The National Capital Park and Planning Commission, referred to in subsec. (a)(53), was abolished and its functions transferred to the National Capital Planning Commission by section 9 of act June 6, 1924, ch. 270, as added by act July 19, 1952, ch. 949, §1,
The Rock Creek and Potomac Parkway Commission, referred to in subsec. (a)(54), was abolished and its functions transferred to the Office of National Parks, Buildings, and Reservations, Department of the Interior, by Ex. Ord. No. 6166, §2, June 10, 1933, set out as a note under
The District of Columbia Workmen's Compensation Act, referred to in subsec. (a)(57), probably means the District of Columbia Unemployment Compensation Act, act Aug. 28, 1935, ch. 794,
Amendments
2004—Subsec. (a)(59).
1998—Subsec. (a)(92) to (94).
"(92) Fisher House Trust Fund, Department of the Army.
"(93) Fisher House Trust Fund, Department of the Air Force.
"(94) Fisher House Trust Fund, Department of the Navy."
1996—Subsec. (a)(92), (93).
Subsec. (a)(94).
Subsec. (b).
Subsec. (b)(2)(D).
1994—Subsec. (a)(91).
1991—Subsec. (a)(45), (74), (82), (83).
1990—Subsec. (a)(5).
Subsec. (a)(59), (81).
Subsec. (b).
1989—Subsec. (b).
1984—Subsec. (a)(12).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Effective Date of 1989 Amendment
Effective Date of 1984 Amendment
Amendment by
Investment of National Park Service Trust Funds
Trust Funds for Individual Indians
Section 725s of former Title 31 (now this section) was modified by act June 25, 1936, ch. 814,
§1322. Payments of unclaimed trust fund amounts and refund of amounts erroneously deposited
(a) On September 30 of each year, the Secretary of the Treasury shall transfer to the Treasury trust fund receipt account "Unclaimed Moneys of Individuals Whose Whereabouts are Unknown" that part of the balance of a trust fund account named in section 1321(a)(1)–(82) of this title or an analogous trust fund established under
(b) Except as provided in subsection (c) of this section, necessary amounts are appropriated to the Secretary of the Treasury to make payments from—
(1) the Treasury trust fund receipt account "Unclaimed Moneys of Individuals Whose Whereabouts are Unknown"; and
(2) the United States Government account "Refund of Moneys Erroneously Received and Covered" and other collections erroneously deposited that are not properly chargeable to another appropriation.
(c)(1) The Secretary of the Treasury shall hold in the Treasury trust fund receipt account "Unclaimed Moneys of Individuals Whose Whereabouts Are Unknown" the balance remaining after the final distribution of unclaimed Postal Savings System deposits under subsection (a) of the first section of the Act of August 13, 1971 (
(2) Necessary amounts may be appropriated without fiscal year limitation to the trust fund receipt account to pay claims for deposits when the balance in the account is not sufficient to pay the claims made within the time limitation set forth in paragraph (3) of this subsection.
(3) No claim for any Postal Savings System deposit may be brought more than one year from the date of the enactment of the Postal Savings System Statute of Limitations Act.
(4) The United States Postal Service shall assist the Secretary of the Treasury in providing public notice of the time limitation set forth in paragraph (3) of this subsection by posting notices thereof in all post offices as soon as practicable after the date of the enactment of the Postal Savings System Statute of Limitations Act.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1322(a) | 31:725s(a)(last sentence last proviso). | June 26, 1934, ch. 756, §20(a)(last sentence last proviso), |
| 1322(b) | 31:725p–1. | June 30, 1949, ch. 286, §101(par. under heading "Payments of Unclaimed Moneys"), |
| 31:725q–1. | June 30, 1949, ch. 286, §101(par. under heading "Refund of Moneys Erroneously Received and Covered"), |
|
| 1322(c) | 31:725p(note). | Aug. 13, 1971, |
In subsection (a), the words "directed to be established in
In subsection (b), before clause (1), the words "Secretary of the Treasury" are substituted for "Treasury Department" for consistency. The words "out of any money in the Treasury not otherwise appropriated" in 31:725q–1 are omitted as surplus. In clause (1), the words "of the character formerly chargeable to the appropriation accounts abolished under
In subsection (c)(1), the words "claims for . . . deposits" are substituted for "claims by or on behalf of depositors" to eliminate unnecessary words. The text of section 1(a) of the Act of August 13, 1971 (
Editorial Notes
References in Text
Subsection (a) of the first section of the Act of August 13, 1971 (
The date of the enactment of the Postal Savings System Statute of Limitations Act, referred to in subsec. (c)(3) and (4), is the date of enactment of
Amendments
1984—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3), (4).
§1323. Trust funds for certain fees, donations, quasi-public amounts, and unearned amounts
(a) Amounts from the following sources held in checking accounts of disbursing officials shall be deposited in the Treasury to the appropriate trust fund receipt accounts:
(1) unearned money, lands (Department of the Interior).
(2) reentry permit fees (Department of Justice).
(3) naturalization fees (Department of Justice).
(4) registry fees (Department of Justice).
(b) Amounts deposited under subsection (a) of this section are appropriated for refunds. Earned parts of those amounts shall be transferred and credited to the appropriate receipt fund accounts.
(c) Donations, quasi-public amounts, and unearned amounts shall be deposited in the Treasury as trust funds and are appropriated for disbursement under the terms of the trusts when the donation or amount is—
(1) administered by officers and employees of the United States Government; and
(2) carried in checking accounts of disbursing officials or others required to account to the Comptroller General (except clerks and marshals of the United States district courts).
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1323(a), (b) | 31:725r(less proviso). | June 26, 1934, ch. 756, §19, |
| 1323(c) | 31:725r(proviso). |
In subsection (a), before clause (1), the words "Effective July 1, 1935" are omitted as executed. In clauses (2)–(4), the words "Department of Justice" are substituted for "Labor Department" (subsequently changed to "Justice Department" because of Reorganization Plan No. 5 of 1940 (eff. June 14, 1940,
The words related to Patent Office (subsequently changed to Patent and Trademark Office because of section 3 of the Act of January 2, 1975 (
In subsection (c), the words "officers and employees of the United States Government" are substituted for "officers of the United States by virtue of their official capacity" for consistency and to eliminate unnecessary words.
§1324. Refund of internal revenue collections
(a) Necessary amounts are appropriated to the Secretary of the Treasury for refunding internal revenue collections as provided by law, including payment of—
(1) claims for prior fiscal years; and
(2) accounts arising under—
(A) "Allowance or drawback (Internal Revenue)";
(B) "Redemption of stamps (Internal Revenue)";
(C) "Refunding legacy taxes, Act of March 30, 1928";
(D) "Repayment of taxes on distilled spirits destroyed by casualty"; and
(E) "Refunds and payments of processing and related taxes".
(b) Disbursements may be made from the appropriation made by this section only for—
(1) refunds to the limit of liability of an individual tax account; and
(2) refunds due from credit provisions of the Internal Revenue Code of 1986 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1324(a) | 31:725q–1a(1st par.). | June 19, 1948, ch. 558, §101(words before proviso in par. under heading "Bureau of Internal Revenue"), |
| 1324(b) | 31:725q–1a(last par.). | June 19, 1948, ch. 558, |
In subsection (a), the words "Necessary amounts are appropriated to the Secretary of the Treasury" are added to reflect the introductory language of the Act of June 19, 1948. The words "on and after June 19, 1948" are omitted as executed.
In subsection (b), the words "appropriation made by this section" are substituted for "the appropriation to the Treasury Department entitled 'Bureau of Internal Revenue Refunding Internal-Revenue Collections' " to eliminate unnecessary words.
Amendment of Subsection (b)(2)
Editorial Notes
References in Text
Act of March 30, 1928, referred to in subsec. (a)(2)(C), is act Mar. 30, 1928, ch. 302,
The Taxpayer Relief Act of 1997, referred to in subsec. (b)(2), is
Sections 21, 24, 25A, 35, 36, 36A, 36B, 168, 53, 54B, 3131, 3132, 3134, 6428, 6428A, 6428B, 6431, and 7527A of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), are classified to sections 21, 24, 25A, 35, 36, 36A, 36B, 168, 53, 54B, 3131, 3132, 3134, 6428, 6428A, 6428B, 6431, and 7527A, respectively, of Title 26, Internal Revenue Code.
Section 3081(b)(2) of the Housing Assistance Tax Act of 2008, referred to in subsec. (b)(2), is section 3081(b)(2) of
Codification
Amendments
2022—Subsec. (b)(2).
2021—Subsec. (b)(2).
2020—Subsec. (b)(2).
2014—Subsec. (b)(2).
2010—Subsec. (b)(2).
2009—Subsec. (b)(2).
2008—Subsec. (b)(2).
2006—Subsec. (b)(2).
2002—Subsec. (b)(2).
1997—Subsec. (b)(2).
1986—Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2021 Amendment
Amendment by section 9611(b)(4)(C) of
Amendment by section 9631(c)(2) of
Amendment by section 9641(b) of
Amendment by section 9651(b) of
Effective Date of 2014 Amendment
Amendment by
Effective and Termination Dates of 2010 Amendment
Amendment by section 1401(d)(1) of
Amendment by section 10909(b)(2)(P) of
Amendment by section 10909(b)(2)(P) of
Effective Date of 2009 Amendment
Amendment by section 1001(e)(2) of
Amendment by section 1004(b)(8) of
Amendment by section 1531(c)(1) of
Effective Date of 2008 Amendment
Amendment by section 3011(b)(3) of
Amendment by section 3081(c) of
Amendment of this section and repeal of
Amendment by section 15316(c)(6) of
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Construction of 2002 Amendment
Nothing in amendment by
Coordination With Refund Provision
1 See References in Text note below.
SUBCHAPTER III—LIMITATIONS, EXCEPTIONS, AND PENALTIES
Statutory Notes and Related Subsidiaries
Short Title
Certain provisions of this subchapter and subchapter II of
§1341. Limitations on expending and obligating amounts
(a)(1) Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not—
(A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;
(B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;
(C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or
(D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
(2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government.
(b) An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation.
(c)(1) In this subsection—
(A) the term "covered lapse in appropriations" means any lapse in appropriations that begins on or after December 22, 2018;
(B) the term "District of Columbia public employer" means—
(i) the District of Columbia Courts;
(ii) the Public Defender Service for the District of Columbia; or
(iii) the District of Columbia government;
(C) the term "employee" includes an officer; and
(D) the term "excepted employee" means an excepted employee or an employee performing emergency work, as such terms are defined by the Office of Personnel Management or the appropriate District of Columbia public employer, as applicable.
(2) Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work during a covered lapse in appropriations shall be paid for such work, at the employee's standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates, and subject to the enactment of appropriations Acts ending the lapse.
(3) During a covered lapse in appropriations, each excepted employee who is required to perform work shall be entitled to use leave under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1341(a) | 31:665(a), (d)(2)(last sentence related to spending and obligations). | R.S. §3679(a), (d)(2)(last sentence related to spending and obligations); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1341(b) | 31:669(words after semicolon). | Aug. 23, 1912, ch. 350, §6(words after semicolon), |
In subsection (b), the words "another amount available for obligation" are substituted for "any other fund" for consistency in the revised title.
Editorial Notes
References in Text
Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(1)(C), (D), is classified to
Amendments
2019—Subsec. (a)(1).
Subsec. (c).
Subsec. (c)(2).
1990—Subsec. (a)(1)(C), (D).
§1342. Limitation on voluntary services
An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term "emergencies involving the safety of human life or the protection of property" does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1342 | 31:665(b). | R.S. §3679(b), (d)(2)(last sentence related to voluntary services); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 31:665(d)(2)(last sentence related to voluntary services). |
The words "District of Columbia government" are added because of section 47–105 of the D.C. Code.
Editorial Notes
Amendments
1996—
1990—
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1996 Amendment
§1343. Buying and leasing passenger motor vehicles and aircraft
(a) In this section, buying a passenger motor vehicle or aircraft includes a transfer of the vehicle or aircraft between agencies.
(b) An appropriation may be expended to buy or lease passenger motor vehicles only—
(1) for the use of—
(A) the President;
(B) the secretaries to the President; or
(C) the heads of executive departments listed in
(2) as specifically provided by law.
(c)(1) Except as specifically provided by law, an agency may use an appropriation to buy a passenger motor vehicle (except a bus or ambulance) only at a total cost (except costs required only for transportation) that—
(A) includes the price of systems and equipment the Administrator of General Services decides is incorporated customarily in standard passenger motor vehicles completely equipped for ordinary operation;
(B) includes the value of a vehicle used in exchange;
(C) is not more than the maximum price established by the agency having authority under law to establish a maximum price; and
(D) is not more than the amount specified in a law.
(2) Additional systems and equipment may be bought for a passenger motor vehicle if the Administrator decides the purchase is appropriate. The price of additional systems or equipment is not included in deciding whether the cost of the vehicle is within a maximum price specified in a law.
(d) An appropriation (except an appropriation for the armed forces) is available to buy, maintain, or operate an aircraft only if the appropriation specifically authorizes the purchase, maintenance, or operation.
(e) This section does not apply to—
(1) buying, maintaining, and repairing passenger motor vehicles by the United States Capitol Police;
(2) buying, maintaining, and repairing vehicles necessary to carry out projects to improve, preserve, and protect rivers and harbors; or
(3) leasing, maintaining, repairing, or operating motor passenger vehicles necessary in the field work of the Department of Agriculture.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1343(a) | 31:638a(e). | July 16, 1914, ch. 141, §5(a), (b), (e), |
| 1343(b) | 31:638a(a). | |
| 1343(c) | 31:638a(c)(1). | July 16, 1914, ch. 141, §5(c)(1), |
| 1343(d) | 31:638a(b). | |
| 1343(e) | 31:638a–1. | July 25, 1975, |
| 31:638d. | Mar. 4, 1915, ch. 142, §10, |
|
| 31:638e. | Aug. 11, 1916, ch. 313(last proviso on p. 491), |
In subsection (a), the word "agency" is substituted for "department of the Government" because of section 101 of the revised title and for consistency with the other source provisions restated in the section.
In subsection (b), before clause (1), the words "buy or lease" are substituted for "purchase or hire" for consistency. In clause (1)(C), the words "
In subsection (c)(1), before clause (A), the word "agency" is substituted for "department" for consistency. The words "total cost" are substituted for "cost" because of the restatement. The words "(except costs required only for transportation)" are substituted for "which shall be in addition to the amount required for transportation" for clarity. Clause (A) is substituted for "completely equipped for operation" and 31:638a(c)(1)(2d sentence) to eliminate unnecessary words.
In subsection (c)(2), the words "Notwithstanding any other provisions of law" are omitted as surplus.
In subsection (d), the words "armed forces" are substituted for "Military and Naval Establishments" for consistency.
In subsection (e)(2), the words "motor boats, trucks" in 31:638d are omitted as being included in "vehicles". The words "adopted by Congress" are omitted as surplus.
In subsection (e)(3), the words "horse-drawn" in 31:638e are omitted because the section applies only to motor vehicles and aircraft described in 31:638a and also is obsolete. The words "motor boats" are omitted as being included in "vehicles".
Statutory Notes and Related Subsidiaries
Motor Vehicles Purchased for Intelligence Activities; Exception From Monetary Limitations
Similar provisions were contained in the following prior appropriation acts:
Maximum Purchase Price of Motor Vehicles; Exceptions
Similar provisions were contained in the following prior appropriation acts:
June 13, 1956, ch. 385, title II, §201,
June 29, 1955, ch. 226, title II, §201,
Aug. 26, 1954, ch. 935, Ch. XIII, §1301,
Aug. 7, 1953, ch. 340, Ch. XIII, §1301,
July 15, 1952, ch. 758, Ch. XIV, §1401,
Nov. 1, 1951, ch. 664, Ch. XIII, §1301,
Sept. 6, 1950, ch. 896, Ch. XII, §1201,
Aug. 24, 1949, ch. 506, title III, §301,
Apr. 20, 1948, ch. 219, title II, §201,
July 30, 1947, ch. 359, title II, §201,
§1344. Passenger carrier use
(a)(1) Funds available to a Federal agency, by appropriation or otherwise, may be expended by the Federal agency for the maintenance, operation, or repair of any passenger carrier only to the extent that such carrier is used to provide transportation for official purposes. Notwithstanding any other provision of law, transporting any individual other than the individuals listed in subsections (b) and (c) of this section between such individual's residence and such individual's place of employment is not transportation for an official purpose.
(2) For purposes of paragraph (1), transportation between the residence of an officer or employee and various locations that is—
(A) required for the performance of field work, in accordance with regulations prescribed pursuant to subsection (e) of this section, or
(B) essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties, or transportation of federally owned canines associated with force protection duties of any part of the intelligence community (as defined in section 3 of the National Security Act of 1947 (
is transportation for an official purpose, when approved in writing by the head of the Federal agency.
(3) For purposes of paragraph (1), the transportation of an individual between such individual's place of employment and a mass transit facility pursuant to subsection (g) is transportation for an official purpose.
(b) A passenger carrier may be used to transport between residence and place of employment the following officers and employees of Federal agencies:
(1)(A) the President and the Vice President;
(B) no more than 6 officers or employees in the Executive Office of the President, as designated by the President; and
(C) no more than 10 additional officers or employees of Federal agencies, as designated by the President;
(2) the Chief Justice and the Associate Justices of the Supreme Court;
(3)(A) officers compensated at Level I of the Executive Schedule pursuant to
(B) a single principal deputy to an officer described in subclause (A) of this clause, when a determination is made by such officer that such transportation is appropriate;
(4) principal diplomatic and consular officials abroad, and the United States Ambassador to the United Nations;
(5) the Deputy Secretary of Defense and Under Secretaries of Defense, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the Navy, the members and Vice Chairman of the Joint Chiefs of Staff, and the Commandant of the Coast Guard;
(6) the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives 1 the Administrator of the Drug Enforcement Administration, and the Administrator of the National Aeronautics and Space Administration;
(7) the Chairman of the Board of Governors of the Federal Reserve System;
(8) the Comptroller General of the United States and the Postmaster General of the United States; and
(9) an officer or employee with regard to whom the head of a Federal agency makes a determination, in accordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) of subsection (e), that highly unusual circumstances present a clear and present danger, that an emergency exists, or that other compelling operational considerations make such transportation essential to the conduct of official business.
Except as provided in paragraph (2) of subsection (d), any authorization made pursuant to clause (9) of this subsection to permit the use of a passenger carrier to transport an officer or employee between residence and place of employment shall be effective for not more than 15 calendar days.
(c) A passenger carrier may be used to transport between residence and place of employment any person for whom protection is specifically authorized pursuant to
(d)(1) Any determination made under subsection (b)(9) of this section shall be in writing and shall include the name and title of the officer or employee affected, the reason for such determination, and the duration of the authorization for such officer or employee to use a passenger carrier for transportation between residence and place of employment.
(2) If a clear and present danger, an emergency, or a compelling operational consideration described in subsection (b)(9) of this section extends or may extend for a period in excess of 15 calendar days, the head of the Federal agency shall determine whether an authorization under such paragraph shall be extended in excess of 15 calendar days for a period of not more than 90 additional calendar days. Determinations made under this paragraph may be reviewed by the head of such agency at the end of each such period, and, where appropriate, a subsequent determination may be made whether such danger, emergency, or consideration continues to exist and whether an additional extension, not to exceed 90 calendar days, may be authorized. Determinations made under this paragraph shall be in accordance with regulations prescribed pursuant to paragraph (1) of subsection (e).
(3) The authority to make designations under subsection (b)(1) of this section and to make determinations pursuant to subsections (a)(2) and (b)(3)(B) and (9) of this section and pursuant to paragraph (2) of this subsection may not be delegated, except that, with respect to the Executive Office of the President, the President may delegate the authority of the President under subsection (b)(9) of this section to an officer in the Executive Office of the President. No designation or determination under this section may be made solely or principally for the comfort or convenience of the officer or employee.
(4) Notification of each designation or determination made under subsection (b)(1), (3)(B), and (9) of this section and under paragraph (2) of this subsection, including the name and title of the officer or employee affected, the reason for any determination under subsection (b)(9), and the expected duration of any authorization under subsection (b)(9), shall be transmitted promptly to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate.
(e)(1) Not later than March 15, 1987, the Administrator of General Services, after consultation with the Comptroller General, the Director of the Office of Management and Budget, and the Director of the Administrative Office of the United States Courts, shall promulgate regulations governing the heads of all Federal agencies in making the determinations authorized by subsections (a)(2)(A), (b)(9), and (d)(2) of this section. Such regulations shall specify that the comfort and convenience of an officer or employee is not sufficient justification for authorizations of transportation under this section.
(2) In promulgating regulations under paragraph (1) of this subsection, the Administrator of General Services shall provide criteria defining the term "field work" for purposes of subsection (a)(2)(A) of this section. Such criteria shall ensure that transportation between an employee's residence and the location of the field work will be authorized only to the extent that such transportation will substantially increase the efficiency and economy of the Government.
(f) Each Federal agency shall maintain logs or other records necessary to establish the official purpose for Government transportation provided between an individual's residence and such individual's place of employment pursuant to this section.
(g)(1) If and to the extent that the head of a Federal agency, in his or her sole discretion, deems it appropriate, a passenger carrier may be used to transport an officer or employee of a Federal agency between the officer's or employee's place of employment and a mass transit facility (whether or not publicly owned) in accordance with succeeding provisions of this subsection.
(2) Notwithstanding section 1343, a Federal agency that provides transportation services under this subsection (including by passenger carrier) may absorb the costs of such services using any funds available to such agency, whether by appropriation or otherwise.
(3) In carrying out this subsection, a Federal agency, to the maximum extent practicable and consistent with sound budget policy, should—
(A) use alternative fuel vehicles for the provision of transportation services;
(B) to the extent consistent with the purposes of this subsection, provide transportation services in a manner that does not result in additional gross income for Federal income tax purposes; and
(C) coordinate with other Federal agencies to share, and otherwise avoid duplication of, transportation services provided under this subsection.
(4) For purposes of any determination under
(5)(A) The Administrator of General Services, after consultation with the appropriate agencies, shall prescribe any regulations necessary to carry out this subsection.
(B) Transportation services under this subsection shall be subject neither to the last sentence of subsection (d)(3) nor to any regulations under the last sentence of subsection (e)(1).
(6) In this subsection, the term "passenger carrier" means a passenger motor vehicle or similar means of transportation that is owned, leased, or provided pursuant to contract by the United States Government.
(h) As used in this section—
(1) the term "passenger carrier" means a passenger motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned or leased by the United States Government; and
(2) the term "Federal agency" means—
(A) a department—
(i) including independent establishments, other agencies, and wholly owned Government corporations; but
(ii) not including the Senate, House of Representatives, or Architect of the Capitol, or the officers or employees thereof;
(B) an Executive department (as such term is defined in
(C) a military department (as such term is defined in
(D) a Government corporation (as such term is defined in
(E) a Government controlled corporation (as such term is defined in
(F) a mixed-ownership Government corporation (as such term is defined in
(G) any establishment in the executive branch of the Government (including the Executive Office of the President);
(H) any independent regulatory agency (including an independent regulatory agency specified in section 3502(10) 2 of title 44);
(I) the Smithsonian Institution; and
(J) any nonappropriated fund instrumentality of the United States,
except that such term does not include the government of the District of Columbia.
(i) Notwithstanding
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1344(a) | 31:638a(c)(2)(1st sentence). | July 16, 1914, ch. 141, §5(c)(2)(1st, last sentences), |
| 1344(b) | 31:638a(c)(2)(last sentence). |
In subsection (a), before clause (1), the words "officers and employees of the Government" are substituted for "officers and employees" for clarity. In clause (2), the words "performing field work requiring transportation" are substituted for "engaged in field work the character of whose duties makes such transportation necessary" to eliminate unnecessary words. The word "agency" is substituted for "department" because of section 101 of the revised title and for consistency with the source provisions restated in the section and section 1341.
In subsection (b)(2), the words "
In subsection (b)(3), the words "ambassadors, ministers, charges d'affaires" are omitted as being included in "principal diplomatic and consular officials".
Editorial Notes
References in Text
Section 28 of the State Department Basic Authorities Act of 1956, referred to in subsec. (c), is classified to
Section 8(a)(1) of the Central Intelligence Agency Act of 1949, referred to in subsec. (c), is classified to
Subsection (b)(2)(B) of this section, referred to in subsec. (d)(3), (4), was redesignated subsec. (b)(3)(B) by
Codification
Amendment by
Amendments
2022—Subsec. (a)(2)(B).
2011—Subsec. (h)(2)(A).
2005—Subsec. (a)(3).
Subsecs. (g) to (i).
2004—Subsec. (b)(6).
2003—Subsec. (b)(6).
1996—Subsec. (b)(6).
1994—Subsecs. (b), (d), (e).
1990—Subsec. (c).
1987—Subsec. (b).
Subsec. (b)(4).
Subsec. (d)(1), (2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e)(1).
1986—
"(a) Except as specifically provided by law, an appropriation may be expended to maintain, operate, and repair passenger motor vehicles or aircraft of the United States Government that are used only for an official purpose. An official purpose does not include transporting officers or employees of the Government between their domiciles and places of employment except—
"(1) medical officers on out-patient medical service; and
"(2) officers or employees performing field work requiring transportation between their domiciles and places of employment when the transportation is approved by the head of the agency.
"(b) This section does not apply to a motor vehicle or aircraft for the official use of—
"(1) the President;
"(2) the heads of executive departments listed in
"(3) principal diplomatic and consular officials."
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Effective Date of 2004 Amendment
Effective Date of 1994 Amendment
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Charging Helps Agencies Realize General Efficiencies
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Charging Helps Agencies Realize General Efficiencies Act' or the 'CHARGE Act'.
"SEC. 2. PAYMENT BY CHARGE CARD FOR CHARGING FEDERAL ELECTRIC MOTOR VEHICLES.
"(a)
"(1) the term 'Administrator' means the Administrator of General Services;
"(2) the term 'charge card'—
"(A) means a card, plate, coupon book, or other means existing for the purpose of obtaining money, property, labor, or services; and
"(B) includes—
"(i) a card issued under the GSA SmartPay program; and
"(ii) a Fleet Services card;
"(3) the term 'covered electric motor vehicle' means a passenger carrier that is—
"(A) a passenger motor vehicle; and
"(B) an electric motor vehicle;
"(4) the term 'electric motor vehicle' has the meaning given the term in section 601 of the Energy Policy Act of 1992 (
"(5) the term 'electric motor vehicle charging station' means a battery-charging station that permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric motor vehicle; and
"(6) the terms 'Federal agency' and 'passenger carrier' have the meanings given those terms in
"(b)
"(1) charge a covered electric motor vehicle at a commercial electric motor vehicle charging station; and
"(2) pay for a transaction described in paragraph (1) with a charge card.
"(c)
Coordination
Use of Government Vehicles
Use of Official Vehicles of House of Representatives
1 So in original. Probably should be followed by a comma.
2 See References in Text note below.
§1345. Expenses of meetings
Except as specifically provided by law, an appropriation may not be used for travel, transportation, and subsistence expenses for a meeting. This section does not prohibit—
(1) an agency from paying the expenses of an officer or employee of the United States Government carrying out an official duty; and
(2) the Secretary of Agriculture from paying necessary expenses for a meeting called by the Secretary for 4–H Boys and Girls Clubs as part of the cooperative extension work of the Department of Agriculture.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1345 | 31:551. | Feb. 2, 1935, ch. 4, |
| 31:552. | June 17, 1935, ch. 271, |
In the section, before clause (1), the word "appropriation" is substituted for "no moneys from funds appropriated for any purpose" in 31:551 for consistency in the revised title. The words "travel, transportation, and subsistence expenses for a meeting" are substituted for "the purpose of lodging, feeding, conveying, or furnishing transportation to, any conventions or other form of assemblage or gathering" to eliminate unnecessary words. The words "to be held in the District of Columbia or elsewhere" are omitted as unnecessary.
In clause (1), the words "agency from paying" are substituted for "the payment of" for clarity and because of section 101 of the revised title.
Statutory Notes and Related Subsidiaries
Availability of Appropriations for Expenses of Attending Meetings
Similar provisions were contained in the following prior appropriation acts:
§1346. Commissions, councils, boards, and interagency and similar groups
(a) Except as provided in this section—
(1) public money and appropriations are not available to pay—
(A) the pay or expenses of a commission, council, board, or similar group, or a member of that group;
(B) expenses related to the work or the results of work or action of that group; or
(C) for the detail or cost of personal services of an officer or employee from an executive agency in connection with that group; and
(2) an accounting or disbursing official, absent a special appropriation to pay the account or charge, may not allow or pay an account or charge related to that group.
(b) Appropriations of an executive agency are available for the expenses of an interagency group conducting activities of interest common to executive agencies when the group includes a representative of the agency. The representatives receive no additional pay because of membership in the group. An officer or employee of an executive agency not a representative of the group may not receive additional pay for providing services for the group.
(c) Subject to
(1) commissions, councils, boards, or similar groups authorized by law;
(2) courts-martial or courts of inquiry of the armed forces; or
(3) the contingent fund related to foreign relations at the disposal of the President.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1346(a) | 31:672(1st sentence less words between 4th and 5th commas). | R.S. §3681. |
| 31:673(less words between 11th comma and semicolon). | Mar. 4, 1909, ch. 299, §9, |
|
| 1346(b) | 31:691. | May 3, 1945, ch. 106, §214, |
| 1346(c) | 31:672(1st sentence words between 4th and 5th commas), (last sentence). | |
| 31:673(words between 11th comma and semicolon). |
In the section, the words "executive agency" are substituted for "any executive department or other Government establishment" for clarity and because of section 102 of the revised title.
In subsection (a)(1), before subclause (A), the words "made by Congress" are omitted as surplus. In subclause (C), the words "the detail or cost of personal services of an officer" are substituted for "by detail, hereafter or heretofore made, or otherwise personal services" to eliminate unnecessary words and for clarity.
In subsection (a)(2), the words "of the Government" are omitted as surplus. The words "absent a special appropriation" are substituted for "until special appropriations shall have been made by law" to eliminate unnecessary words.
In subsection (b), the words "On or after May 3, 1945" are omitted as executed. The words "interagency group" are substituted for "committees, boards, or other interagency groups" to eliminate unnecessary words. The words "includes a representative of the agency" are substituted for "composed in whole or in part of representatives thereof" for clarity.
In subsection (c)(1), the words "authorized by law" are substituted for "unless the creation . . . shall be or shall have been authorized by law" to eliminate unnecessary words.
In subsection (c)(2), the words "armed forces" are substituted for "military or naval service of the United States" for consistency.
Subsection (c)(3) is substituted for the last sentence of 31:672 to eliminate unnecessary words.
§1347. Appropriations or authorizations required for agencies in existence for more than one year
(a) An agency in existence for more than one year may not use amounts otherwise available for obligation to pay its expenses without a specific appropriation or specific authorization by law. If the principal duties and powers of the agency are substantially the same as or similar to the duties and powers of an agency established by executive order, the agency established later is deemed to have been in existence from the date the agency established by the order came into existence.
(b) Except as specifically authorized by law, another agency may not use amounts available for obligation to pay expenses to carry out duties and powers substantially the same as or similar to the principal duties and powers of an agency that is prohibited from using amounts under this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1347(a) | 31:696(1st, 2d sentences). | June 27, 1944, ch. 286, §213, |
| 1347(b) | 31:696(last sentence). |
In the section, the word "agency" is substituted for "agency or instrumentality" because of section 101 of the revised title and for consistency. The words "amounts otherwise available for obligation" are substituted for "any appropriation or fund made available by this or any other Act", and the words "duties and powers" are substituted for "functions", for consistency in the revised title.
In subsection (a), the words "After January 1, 1945" are omitted as executed. The words "including those established by Executive order" are omitted the first time they appear as surplus. The words "from the date . . . came into existence" are substituted for "during the existence" for clarity.
In subsection (b), the word "amounts" is substituted for "appropriations" for consistency in the revised title.
§1348. Telephone installation and charges
(a)(1) Except as provided in this section, appropriations are not available to install telephones in private residences or for tolls or other charges for telephone service from private residences.
(2) Under regulations of the Secretary of State, appropriations may be used to install and pay for the use of telephones in residences owned or leased by the United States Government in foreign countries for the use of the Foreign Service.
(b) Under regulations prescribed by the Secretary of the Army on recommendation of the Chief of Engineers, not more than $30,000 may be expended each fiscal year to install and use in private residences telephones required for official business in constructing and operating locks and dams for navigation, flood control, and related water uses.
(c) Under regulations prescribed by the Secretary of Defense, funds appropriated to the Department of Defense are available to install, repair, and maintain telephone wiring in residences owned or leased by the United States Government and, if necessary for national defense purposes, in other private residences.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1348(a)(1) | 31:679(words before 2d comma). | Aug. 23, 1912, ch. 350, §7(less proviso), |
| 1348(a)(2) | 31:679(proviso). | Aug. 23, 1912, ch. 350, |
| 1348(b) | 31:679(words between 2d comma and proviso). | |
| 31:680a. | May 10, 1939, ch. 119, §4, |
|
| 1348(c) | 31:680. | Sept. 22, 1922, ch. 427, §7, |
In subsection (a)(1), the words "or private apartment" are omitted as being included in "private residences".
In subsection (a)(2), the word "appropriations" is substituted for "Government funds", and the word "calls" is substituted for "tolls", for consistency. The word "official" is omitted as surplus.
In subsection (b), the words "On and after May 10, 1939" in 31:680a are omitted as executed. The word "agency" is substituted for "executive department, establishment, or agency" for clarity and because of section 101 of the revised title. The words "official business" are substituted for "public business" in 31:679 and "transaction of public business which the interests of the Government require to be so transacted" in 31:680a to eliminate unnecessary words. The words "division, bureau, or office" in 31:679 are omitted as being included in "agency". The words "or such subordinates as he may specially designate" in 31:680a are omitted as surplus.
In subsection (c), the words "On and after September 22, 1922 the provisions of
Editorial Notes
Amendments
1996—Subsec. (a)(2).
Subsecs. (b) to (d).
1984—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1984 Amendment
Employees Authorized To Work at Home
§1349. Adverse personnel actions
(a) An officer or employee of the United States Government or of the District of Columbia government violating
(b) An officer or employee who willfully uses or authorizes the use of a passenger motor vehicle or aircraft owned or leased by the United States Government (except for an official purpose authorized by
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1349(a) | 31:665(i)(1)(words before semicolon related to (a), (b)). | R.S. §3679(i)(1)(words before semicolon related to (a), (b)); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1349(b) | 31:638a(c)(2)(2d sentence). | July 16, 1914, ch. 141, §5(c)(2)(2d sentence), |
In subsection (a), the words "In addition to any penalty or liability under other law" are omitted as surplus. The words "District of Columbia government" are added because of section 47–105 of the D.C. Code.
In subsection (b), the words "of the Government" and "from duty" are omitted as unnecessary because of the restatement. The word "pay" is substituted for "compensation" for consistency. The word "agency" is substituted for "department" because of section 101 of the revised title and for consistency.
§1350. Criminal penalty
An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1350 | 31:665(i)(1)(words after semicolon related to (a), (b)). | R.S. §3679(i)(1)(words after semicolon related to (a), (b)); Mar. 3, 1905, ch. 1484, §4(1st par.), |
The words "District of Columbia government" are added because of section 47–105 of the D.C. Code. The words "upon conviction" are omitted as surplus.
§1351. Reports on violations
If an officer or employee of an executive agency or an officer or employee of the District of Columbia government violates
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1351 | 31:665(i)(2)(related to (a), (b)). | R.S. §3679(i)(2)(related to (a), (b)); Mar. 3, 1905, ch. 1404, §4(1st par.), |
The words "executive agency" are substituted for "agency" because the definition of "agency" in 31:665(d)(2) applies to the source provisions restated in the section and because of section 102 of the revised title. The word "Mayor" is used because of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967,
Editorial Notes
Amendments
2004—
§1352. Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions
(a)(1) None of the funds appropriated by any Act may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in paragraph (2) of this subsection.
(2) The prohibition in paragraph (1) of this subsection applies with respect to the following Federal actions:
(A) The awarding of any Federal contract.
(B) The making of any Federal grant.
(C) The making of any Federal loan.
(D) The entering into of any cooperative agreement.
(E) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b)(1) Each person who requests or receives a Federal contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency, in accordance with paragraph (4) of this subsection—
(A) a written declaration described in paragraph (2) or (3) of this subsection, as the case may be; and
(B) copies of all declarations received by such person under paragraph (5).
(2) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a Federal contract, grant, loan, or cooperative agreement shall contain—
(A) the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the person with respect to that Federal contract, grant, loan, or cooperative agreement; and
(B) a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a).
(3) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a commitment providing for the United States to insure or guarantee a loan shall contain the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the person in connection with that loan insurance or guarantee.
(4) A person referred to in paragraph (1)(A) of this subsection shall file a declaration referred to in that paragraph—
(A) with each submission by such person that initiates agency consideration of such person for award of a Federal contract, grant, loan, or cooperative agreement, or for grant of a commitment providing for the United States to insure or guarantee a loan;
(B) upon receipt by such person of a Federal contract, grant, loan, or cooperative agreement or of a commitment providing for the United States to insure or guarantee a loan, unless such person previously filed a declaration with respect to such contract, grant, loan, cooperative agreement or commitment pursuant to clause (A); and
(C) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed by such person in connection with such Federal contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment.
(5) Any person who requests or receives from a person referred to in paragraph (1) of this subsection a subcontract under a Federal contract, a subgrant or contract under a Federal grant, a contract or subcontract to carry out any purpose for which a particular Federal loan is made, or a contract under a Federal cooperative agreement shall be required to file with the person referred to in such paragraph a written declaration referred to in clause (A) of such paragraph.
(6) The Director of the Office of Management and Budget, after consulting with the Secretary of the Senate and the Clerk of the House of Representatives, shall issue guidance for agency implementation of, and compliance with, the requirements of this section.
(c)(1) Any person who makes an expenditure prohibited by subsection (a) of this section shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
(2)(A) Any person who fails to file or amend a declaration required to be filed or amended under subsection (b) of this section shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(B) A filing of a declaration of a declaration amendment on or after the date on which an administrative action for the imposition of a civil penalty under this subsection is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. For the purposes of this subparagraph, an administrative action is commenced with respect to a failure when an investigating official determines in writing to commence an investigation of an allegation of such failure.
(3) Sections 3803 (except for subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812 of this title shall be applied, consistent with the requirements of this section, to the imposition and collection of civil penalties under this subsection.
(4) An imposition of a civil penalty under this subsection does not prevent the United States from seeking any other remedy that the United States may have for the same conduct that is the basis for the imposition of such civil penalty.
(d)(1)(A) Subsection (a)(1) of this section does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement to the extent that the payment is for agency and legislative liaison activities not directly related to a Federal action referred to in subsection (a)(2) of this section.
(B) Subsection (a)(1) of this section does not prohibit any reasonable payment to a person in connection with, or any payment of reasonable compensation to an officer or employee of a person requesting or receiving, a Federal contract, grant, loan, or cooperative agreement or an extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement.
(C) Nothing in this paragraph shall be construed as permitting the use of appropriated funds for making any payment prohibited in or pursuant to any other provision of law.
(2) The reporting requirement in subsection (b) of this section shall not apply to any person with respect to—
(A) payments of reasonable compensation made to regularly employed officers or employees of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or a commitment providing for the United States to insure or guarantee a loan;
(B) a request for or receipt of a contract (other than a contract referred to in clause (C)), grant, cooperative agreement, subcontract (other than a subcontract referred to in clause (C)), or subgrant that does not exceed $100,000; and
(C) a request for or receipt of a loan, or a commitment providing for the United States to insure or guarantee a loan, that does not exceed $150,000, or the single family maximum mortgage limit for affected programs, whichever is greater, including a contract or subcontract to carry out any purpose for which such a loan is made.
(e) The Secretary of Defense may exempt a Federal action described in subsection (a)(2) from the prohibition in subsection (a)(1) whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after making such determination.
(f) The head of each Federal agency shall take such actions as are necessary to ensure that the provisions of this section are vigorously implemented and enforced in such agency.
(g) As used in this section:
(1) The term "recipient", with respect to funds received in connection with a Federal contract, grant, loan, or cooperative agreement—
(A) includes the contractors, subcontractors, or subgrantees (as the case may be) of the recipient; but
(B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures that are by such tribe or organization for purposes specified in subsection (a) and are permitted by other Federal law.
(2) The term "agency" has the same meaning provided for such term in
(3) The term "person"—
(A) includes an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit; but
(B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures by such tribe or organization that are made for purposes specified in subsection (a) and are permitted by other Federal law.
(4) The term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
(5) The term "local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, the following entities:
(A) A local public authority.
(B) A special district.
(C) An intrastate district.
(D) A council of governments.
(E) A sponsor group representative organization.
(F) Any other instrumentality of a local government.
(6)(A) The terms "Federal contract", "Federal grant", "Federal cooperative agreement" mean, respectively—
(i) a contract awarded by an agency;
(ii) a grant made by an agency or a direct appropriation made by law to any person; and
(iii) a cooperative agreement entered into by an agency.
(B) Such terms do not include—
(i) direct United States cash assistance to an individual;
(ii) a loan;
(iii) loan insurance; or
(iv) a loan guaranty.
(7) The term "Federal loan" means a loan made by an agency. Such term does not include loan insurance or a loan guaranty.
(8) The term "reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.
(9) The term "reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
(10) The term "regularly employed", with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or a commitment providing for the United States to insure or guarantee a loan, means an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment.
(11) The terms "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (
(Added
Editorial Notes
References in Text
The Lobbying Disclosure Act of 1995, referred to in subsec. (b)(2)(A), (3), is
Section 4 of the Indian Self-Determination and Education Assistance Act (
Codification
Another section 1352 was renumbered
Amendments
1996—Subsec. (b)(2).
Subsec. (b)(6)(A).
Subsec. (d)(1).
1995—Subsec. (b)(2).
"(A) a statement setting forth whether such person—
"(i) has made any payment with respect to that Federal contract, grant, loan, or cooperative agreement, using funds other than appropriated funds, which would be prohibited by subsection (a) of this section if the payment were paid for with appropriated funds; or
"(ii) has agreed to make any such payment;
"(B) with respect to each such payment (if any) and each such agreement (if any)—
"(i) the name and address of each person paid, to be paid, or reasonably expected to be paid;
"(ii) the name and address of each individual performing the services for which such payment is made, to be made, or reasonably expected to be made;
"(iii) the amount paid, to be paid, or reasonably expected to be paid;
"(iv) how the person was paid, is to be paid, or is reasonably expected to be paid; and
"(v) the activity for which the person was paid, is to be paid, or is reasonably expected to be paid; and
"(C) a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a)."
Subsec. (b)(3).
"(A) a statement setting forth whether such person—
"(i) has made any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guaranty; or
"(ii) has agreed to make any such payment; and
"(B) with respect to each such payment (if any) and each such agreement (if any), the information described in paragraph (2)(B) of this subsection."
Subsec. (b)(6), (7).
Subsecs. (d) to (h).
1994—Subsec. (c).
Subsec. (e)(1)(C).
Subsec. (h)(7).
1990—Subsec. (e)(2)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Effective Date of 1995 Amendment
Amendment by
Effective Date
First Report on May 31, 1990; Content
Notification of Compliance Date; Guidance for Agency Implementation
1 See References in Text note below.
§1353. Acceptance of travel and related expenses from non-Federal sources
(a) Notwithstanding any other provision of law, the Administrator of General Services, in consultation with the Director of the Office of Government Ethics, shall prescribe by regulation the conditions under which an agency in the executive branch (including an independent agency) may accept payment, or authorize an employee of such agency to accept payment on the agency's behalf, from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the official duties of the employee. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses.
(b) Except as provided in this section or
(1) may be required, in addition to any penalty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accepted; and
(2) in the case of a repayment under paragraph (1), shall not be entitled to any payment from the Government for such expenses.
(c) As used in this section—
(1) the term "executive branch" means all executive agencies (as such term is defined in
(2) the term "employee in the executive branch" means—
(A) an appointed officer or employee in the executive branch; and
(B) an expert or consultant in the executive branch, under
(3) the term "payment" means a payment or reimbursement, in cash or in kind.
(d)(1) The head of each agency of the executive branch shall, in the manner provided in paragraph (2), submit to the Director of the Office of Government Ethics reports of payments of more than $250 accepted under this section with respect to employees of the agency. The Director shall make such reports available for public inspection and copying.
(2) The reports required by paragraph (1) shall, with respect to each payment—
(A) specify the amount and method of payment, the name of the person making the payment, the name of the employee, the nature of the meeting or similar function, the time and place of travel, the nature of the expenses, and such other information as the Administrator of General Services may prescribe by regulation under subsection (a);
(B) be submitted not later than May 31 of each year with respect to payments in the preceding period beginning on October 1 and ending on March 31; and
(C) be submitted not later than November 30 of each year with respect to payments in the preceding period beginning on April 1 and ending on September 30.
(Added
Editorial Notes
Amendments
1990—
Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsec. (c)(1).
§1354. Limitation on use of appropriated funds for contracts with entities not meeting veterans' employment reporting requirements
(a)(1) Subject to paragraph (2), no agency may obligate or expend funds appropriated for the agency for a fiscal year to enter into a contract described in
(2) Paragraph (1) shall cease to apply with respect to a contractor otherwise covered by that paragraph on the date on which the contractor submits the report required by such section 4212(d) for the fiscal year concerned.
(b) The Secretary of Labor shall make available in a database a list of the contractors that have complied with the provisions of such section 4212(d).
(Added
§1355. Prohibition on use of funds for portraits
(a) No funds appropriated or otherwise made available to the Federal Government may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the President, the Vice President, a Member of Congress, the head of an executive agency, or the head of an office of the legislative branch.
(b) In this section—
(1) the term "executive agency" has the meaning given the term in
(2) the term "Member of Congress" includes a Delegate or Resident Commissioner to Congress.
(Added
CHAPTER 15 —APPROPRIATION ACCOUNTING
SUBCHAPTER I—GENERAL
SUBCHAPTER II—APPORTIONMENT
SUBCHAPTER III—TRANSFERS AND REIMBURSEMENTS
SUBCHAPTER IV—CLOSING ACCOUNTS
Editorial Notes
Amendments
1996—
1992—
1990—
1989—
SUBCHAPTER I—GENERAL
§1501. Documentary evidence requirement for Government obligations
(a) An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of—
(1) a binding agreement between an agency and another person (including an agency) that is—
(A) in writing, in a way and form, and for a purpose authorized by law; and
(B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided;
(2) a loan agreement showing the amount and terms of repayment;
(3) an order required by law to be placed with an agency;
(4) an order issued under a law authorizing purchases without advertising—
(A) when necessary because of a public exigency;
(B) for perishable subsistence supplies; or
(C) within specific monetary limits;
(5) a grant or subsidy payable—
(A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas prescribed by law;
(B) under an agreement authorized by law; or
(C) under plans approved consistent with and authorized by law;
(6) a liability that may result from pending litigation;
(7) employment or services of persons or expenses of travel under law;
(8) services provided by public utilities; or
(9) other legal liability of the Government against an available appropriation or fund.
(b) A statement of obligations provided to Congress or a committee of Congress by an agency shall include only those amounts that are obligations consistent with subsection (a) of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1501(a) | 31:200(a). | Aug. 26, 1954, ch. 935, §1311(a), (e), |
| 1501(b) | 31:200(e). |
In subsection (a), before clause (1), the words "After August 26, 1954" are omitted as executed. In clause (1), the words "an agency and another person (including an agency)" are substituted for "the parties thereto, including Government agencies" for clarity. In clause (2), the word "valid" is omitted as unnecessary. In clause (6), the words "brought under authority of law" are omitted as surplus. In clause (9), the word "legally" is omitted as surplus.
In subsection (b), the words "consistent with" are substituted for "as defined in" for clarity and for consistency with section 1108 of the revised title. The word "valid" is omitted as unnecessary.
§1502. Balances available
(a) The balance of an appropriation or fund limited for obligation to a definite period is available only for payment of expenses properly incurred during the period of availability or to complete contracts properly made within that period of availability and obligated consistent with
(b) A provision of law requiring that the balance of an appropriation or fund be returned to the general fund of the Treasury at the end of a definite period does not affect the status of lawsuits or rights of action involving the right to an amount payable from the balance.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1502(a) | 31:200(d). | Aug. 26, 1954, ch. 935, §1311(d), |
| 31:712a. | July 6, 1949, ch. 299, §1, |
|
| 1502(b) | 31:665b. | July 1, 1973, |
Subsection (a) restates the source provisions to eliminate unnecessary words and for consistency.
In subsection (b), the words "balance of an appropriation or fund" are substituted for "unexpended funds" for clarity and consistency in the revised chapter.
Statutory Notes and Related Subsidiaries
Quarterly Reports
Similar provisions were contained in the following prior appropriation acts:
Availability of Energy and Water Development Appropriations Limited to Fiscal Year In Which Appropriated
§1503. Comptroller General reports of amounts for which no accounting is made
The Comptroller General shall make a special report each year to Congress on recommendations for changes in laws, that the Comptroller General believes may be in the public interest, about amounts—
(1) for which no accounting is made to the Comptroller General; and
(2) that are in—
(A) accounts of the United States Government; or
(B) the custody of an officer or employee of the Government if the Government is financially concerned.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1503 | 31:725w. | June 26, 1934, ch. 756, §24, |
The words "shall cause a survey to be made" are omitted as executed. The word "existing" is omitted as surplus.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under this section are listed on page 9), see section 3003 of
SUBCHAPTER II—APPORTIONMENT
§1511. Definition and application
(a) In this subchapter, "appropriations" means—
(1) appropriated amounts;
(2) funds; and
(3) authority to make obligations by contract before appropriations.
(b) This subchapter does not apply to—
(1) amounts (except amounts for administrative expenses) available—
(A) for price support and surplus removal of agricultural commodities; and
(B) under section 32 of the Act of August 24, 1935 (
(2) a corporation getting amounts to make loans (except paid in capital amounts) without legal liability on the part of the United States Government; and
(3) the Senate, the House of Representatives, a committee of Congress, a member, officer, employee, or office of either House of Congress, or the Office of the Architect of the Capitol or an officer or employee of that Office.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1511(a) | 31:665(c)(1)(last sentence), (d)(2)(5th sentence). | R.S. §3679(c)(1)(last sentence), (d)(2)(5th sentence, 6th sentence less 1st–22d words, last sentence related to price supports), (f)(2); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1511(b)(1) | 31:665(d)(2)(6th sentence less 1st–22d words). | |
| 1511(b)(2) | 31:665(d)(2)(last sentence related to price supports). | |
| 1511(b)(3) | 31:665(f)(2). |
In subsection (a)(1), the words "appropriated amounts" are substituted for "appropriations" for clarity. In clause (3), the word "make" is substituted for "create" as being more precise. The text of 31:665(d)(2)(5th sentence) is omitted as unnecessary because of section 102 of the revised title.
In subsection (b), the word "amounts" is substituted for "funds" for consistency in the revised title. In clause (1)(B), the words "(
§1512. Apportionment and reserves
(a) Except as provided in this subchapter, an appropriation available for obligation for a definite period shall be apportioned to prevent obligation or expenditure at a rate that would indicate a necessity for a deficiency or supplemental appropriation for the period. An appropriation for an indefinite period and authority to make obligations by contract before appropriations shall be apportioned to achieve the most effective and economical use. An apportionment may be reapportioned under this section.
(b)(1) An appropriation subject to apportionment is apportioned by—
(A) months, calendar quarters, operating seasons, or other time periods;
(B) activities, functions, projects, or objects; or
(C) a combination of the ways referred to in clauses (A) and (B) of this paragraph.
(2) The official designated in
(c)(1) In apportioning or reapportioning an appropriation, a reserve may be established only—
(A) to provide for contingencies;
(B) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or
(C) as specifically provided by law.
(2) A reserve established under this subsection may be changed as necessary to carry out the scope and objectives of the appropriation concerned. When an official designated in
(d) An apportionment or a reapportionment shall be reviewed at least 4 times a year by the official designated in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1512(a) | 31:665(c)(1)(1st sentence), (4)(words after 1st comma). | R.S. §3679(c)(1)(1st sentence), (3), (4); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1512(b) | 31:665(c)(3). | |
| 1512(c) | 31:665(c)(2). | R.S. §3679(c)(2); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1512(d) | 31:665(c)(4)(words before 1st comma). |
In subsection (a), the word "appropriation" is substituted for "appropriations or funds" because of the definition of "appropriation" in section 1511 of the revised title. The words "at a rate" are substituted for "in a manner" for clarity. The words "indefinite period" are substituted for "not limited to a definite period of time" for consistency in the revised title. The words "An apportionment may be reapportioned under this section" are substituted for 31:665(c)(4)(words after 1st comma) to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the word "apportioned" is substituted for "distributed" for consistency in the revised section.
In subsections (b)(2) and (d), the word "official" is substituted for "officer" for consistency in the revised title.
In subsection (c)(1)(C), the words "by law" are substituted for "by particular appropriation Acts or other laws" to eliminate unnecessary words.
In subsection (c)(2), the words "appropriation requests" are substituted for "estimates of appropriations" for consistency with
Editorial Notes
References in Text
The Impoundment Control Act of 1974, referred to in subsec. (c)(2), is parts A and B of title X of
Statutory Notes and Related Subsidiaries
Apportionment of Funds Appropriated to District of Columbia Government
§1513. Officials controlling apportionments
(a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government that is required to be apportioned under
(1) 30 days before the beginning of the fiscal year for which the appropriation is available; or
(2) 30 days after the date of enactment of the law by which the appropriation is made available.
(b)(1) The President shall apportion in writing an appropriation available to an executive agency (except the Commission) that is required to be apportioned under
(A) 40 days before the beginning of the fiscal year for which the appropriation is available; or
(B) 15 days after the date of enactment of the law by which the appropriation is made available.
(2) The President shall notify the head of the executive agency of the action taken in apportioning the appropriation under paragraph (1) of this subsection not later than the later of the following:
(A) 20 days before the beginning of the fiscal year for which the appropriation is available; or
(B) 30 days after the date of enactment of the law by which the appropriation is made available.
(c) By the first day of each fiscal year, the head of each executive department of the United States Government shall apportion among the major organizational units of the department the maximum amount to be expended by each unit during the fiscal year out of each contingent fund appropriated for the entire year for the department. Each amount may be changed during the fiscal year only by written direction of the head of the department. The direction shall state the reasons for the change.
(d) An appropriation apportioned under this subchapter may be divided and subdivided administratively within the limits of the apportionment.
(e) This section does not affect the initiation and operation of agricultural price support programs.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1513(a) | 31:665(d)(1). | R.S. §3679(d)(1), (2)(1st–4th sentences, 6th sentence 1st–22d words), (g)(1st sentence); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1513(b) | 31:665(d)(2)(1st–4th sentences). | |
| 1513(c) | 31:669(words before semicolon). | Aug. 23, 1912, ch. 350, §6(words before semicolon), |
| 1513(d) | 31:665(g)(1st sentence). | |
| 1513(e) | 31:665(d)(2)(6th sentence 1st–22d words). |
In the section, the word "apportion" is substituted for "apportionment or reapportionment" because of section 1512(a)(last sentence) of the revised title.
In subsection (a), before clause (1), the word "official" is substituted for "officer" for consistency in the revised title. The words "judicial branch" are substituted for "judiciary", and the words "District of Columbia government" are substituted for "District of Columbia", for consistency.
In subsection (b), the word "President" is substituted for "Director of the Office of Management and Budget", "Office of Management and Budget", and "Director" because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (b)(1), the words "(except the Commission)" are added because the International Trade Commission is covered specifically by the source provisions restated in subsection (a).
In subsection (b)(2), the words "head of the executive agency" are substituted for "agency" as being more precise and because of section 102 of the revised title.
In subsection (c), the words "In addition to the apportionment required by
In subsection (e), the words "initiation and operation" are substituted for "initiation, operation, and administration" to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
Automated System for Posting Appropriation Apportionment Documents
§1514. Administrative division of apportionments
(a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government, and, subject to the approval of the President, the head of each executive agency (except the Commission) shall prescribe by regulation a system of administrative control not inconsistent with accounting procedures prescribed under law. The system shall be designed to—
(1) restrict obligations or expenditures from each appropriation to the amount of apportionments or reapportionments of the appropriation; and
(2) enable the official or the head of the executive agency to fix responsibility for an obligation or expenditure exceeding an apportionment or reapportionment.
(b) To have a simplified system for administratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative division for each appropriation affecting the unit.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1514(a) | 31:665(g)(2d sentence). | R.S. §3679(g)(2d sentence); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1514(b) | 31:665(g)(last sentence). | R.S. §3679(g)(last sentence); added Aug. 1, 1956, ch. 814, §3, |
In the section, the words "(except the Commission)" are added because the International Trade Commission is covered specifically by the source provisions restated in this section.
In subsection (a), the word "official" is substituted for "officer" for consistency in the revised title. The words "judicial branch" are substituted for "judiciary", and the words "District of Columbia government" are substituted for "District of Columbia", for consistency. The word "President" is substituted for "Director of the Office of Management and Budget" because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (b), the words "dividing" and "division" are substituted for "subdivision" for consistency in the revised section. The word "appropriations" is substituted for "appropriations or funds" because of the definition of "appropriation" in section 1511 of the revised title.
§1515. Authorized apportionments necessitating deficiency or supplemental appropriations
(a) An appropriation required to be apportioned under
(b)(1) Except as provided in subsection (a) of this section, an official may make, and the head of an executive agency may request, an apportionment under
(A) a law enacted after submission to Congress of the estimates for an appropriation that requires an expenditure beyond administrative control; or
(B) an emergency involving the safety of human life, the protection of property, or the immediate welfare of individuals when an appropriation that would allow the United States Government to pay, or contribute to, amounts required to be paid to individuals in specific amounts fixed by law or under formulas prescribed by law, is insufficient.
(2) If an official making an apportionment decides that an apportionment would indicate a necessity for a deficiency or supplemental appropriation, the official shall submit immediately a detailed report of the facts to Congress. The report shall be referred to in submitting a proposed deficiency or supplemental appropriation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1515(a) | 31:665a. | June 5, 1957, |
| 1515(b)(1) | 31:665(e)(1). | R.S. §3679(e)(1); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1515(b)(2) | 31:665(e)(2). | R.S. §3679(e)(2); Mar. 3, 1905, ch. 1484, §4(1st par.), |
In subsection (a), the words "On and after June 5, 1957" are omitted as executed. The words "deficiency or supplemental appropriation" are substituted for "supplemental or deficiency estimate of appropriation" for consistency with
In subsection (b), the word "apportionment" is substituted for "apportionment or reapportionment" because of section 1512(a)(last sentence) of the revised title.
In subsection (b)(1), before clause (A), the words "Except as provided in subsection (a) of this section" are added because of the restatement. The word "appropriation" is substituted for "estimate" for consistency in the revised section. The words "is insufficient" are added for clarity.
In subsection (b)(2), the words "proposed deficiency or supplemental appropriation" are substituted for "deficiency or supplemental estimates" for consistency with
Editorial Notes
Amendments
1987—Subsec. (a).
§1516. Exemptions
An official designated in
(1) a trust fund or working fund if an expenditure from the fund has no significant effect on the financial operations of the United States Government;
(2) a working capital fund or a revolving fund established for intragovernmental operations;
(3) receipts from industrial and power operations available under law; and
(4) appropriations made specifically for—
(A) interest on, or retirement of, the public debt;
(B) payment of claims, judgments, refunds, and drawbacks;
(C) items the President decides are of a confidential nature;
(D) payment under a law requiring payment of the total amount of the appropriation to a designated payee; and
(E) grants to the States under the Social Security Act (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1516 | 31:665(f)(1). | R.S. §3679(f)(1); Mar. 3, 1905, ch. 1484, §4(1st par.), |
In the section, before clause (1), the word "apportionments" is substituted for "apportionments and reapportionments" because of section 1512(a)(last sentence) of the revised title. In subclause (D), the word "law" is substituted for "private relief acts or other laws" to eliminate unnecessary words.
Editorial Notes
References in Text
The Social Security Act, referred to in par. (4)(E), is act Aug. 14, 1935, ch. 531,
§1517. Prohibited obligations and expenditures
(a) An officer or employee of the United States Government or of the District of Columbia government may not make or authorize an expenditure or obligation exceeding—
(1) an apportionment; or
(2) the amount permitted by regulations prescribed under
(b) If an officer or employee of an executive agency or of the District of Columbia government violates subsection (a) of this section, the head of the executive agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1517(a) | 31:665(h). | R.S. §3679(h), (i)(2)(related to (h)); Mar. 3, 1905, ch. 1484, §4(1st par.), |
| 1517(b) | 31:665(i)(2)(related to (h)). |
In subsection (a), before clause (1), the words "District of Columbia government" are added because of section 9 of the Act of June 26, 1912 (ch. 182,
In subsection (b), the word "Mayor" is used because of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967,
Editorial Notes
Amendments
2004—Subsec. (b).
§1518. Adverse personnel actions
An officer or employee of the United States Government or of the District of Columbia government violating
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1518 | 31:665(i)(1)(words before semicolon related to (h)). | R.S. §3679(i)(1)(words before semicolon related to (h)); Mar. 3, 1905, ch. 1484, §4(1st par.), |
The words "In addition to any penalty or liability under other law" are omitted as surplus. The words "District of Columbia government" are added because of section 9 of the Act of June 26, 1912 (ch. 182,
§1519. Criminal penalty
An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1519 | 31:665(i)(1)(words after semicolon related to (h)). | R.S. §3679(i)(1)(words after semicolon related to (h)); Mar. 3, 1905, ch. 1484, §4(1st par.), |
The words "District of Columbia government" are added because of section 9 of the Act of June 26, 1912 (ch. 182,
SUBCHAPTER III—TRANSFERS AND REIMBURSEMENTS
§1531. Transfers of functions and activities
(a) The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used—
(1) by the organizational unit or agency to which the function or activity was transferred or assigned; and
(2) for a purpose for which the appropriation was originally available.
(b) The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another.
(c) A balance transferred under this section is—
(1) credited to an applicable existing or new appropriation account;
(2) merged with the amount in an account to which the balance is credited; and
(3) with the amount with which the balance is merged, accounted for as one amount.
(d) New appropriation accounts may be established to carry out subsection (c)(1) of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1531(a), (b) | 31:581c(a)(1st sentence), (b)(1st sentence). | Sept. 12, 1950, ch. 946, §202, |
| 1531(c), (d) | 31:581c(a)(last sentence), (b)(last sentence). |
In subsections (a) and (b), the defined term "executive agency" in section 102 of the revised title is substituted for "department or establishment" for consistency and clarity.
In subsection (a), the words "organizational unit or agency" are substituted for "agency", and the word "appropriation" is substituted for "said funds", for consistency and clarity.
Subsection (d) is substituted for "which are hereby authorized to be established" because of the restatement.
Statutory Notes and Related Subsidiaries
Prohibition on Transfer of Funds to Other Departments and Agencies
§1532. Withdrawal and credit
An amount available under law may be withdrawn from one appropriation account and credited to another or to a working fund only when authorized by law. Except as specifically provided by law, an amount authorized to be withdrawn and credited is available for the same purpose and subject to the same limitations provided by the law appropriating the amount. A withdrawal and credit is made by check and without a warrant.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1532 | 31:628–1. | Sept. 6, 1950, ch. 896, §1210(less last proviso), |
The word "limitations" is substituted for "limitations, conditions, and restrictions" to eliminate unnecessary words.
§1533. Transfers of appropriations for salaries and expenses to carry out national defense responsibilities
An appropriation of an executive agency for salaries and expenses is available to carry out national defense responsibilities assigned to the agency under law. A transfer necessary to carry out this section may be made between appropriations or allocations within the executive agency. An allocation may not be made to an executive agency that can carry out with its regular personnel a defense activity assigned to it by using the authority of this section to realign its regular programs.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1533 | 31:697. | June 2, 1951, ch. 121, ch. XI(proviso immediately before heading "Independent Offices"), |
The words "executive agency" are substituted for "department, agency, or corporation, in the executive branch of the Government" because of section 102 of the revised title. The words "authority of this section" are substituted for "foregoing authority" for clarity.
§1534. Adjustments between appropriations
(a) An appropriation available to an agency may be charged at any time during a fiscal year for the benefit of another appropriation available to the agency to pay costs—
(1) when amounts are available in both the appropriation to be charged and the appropriation to be benefited; and
(2) subject to limitations applicable to the appropriations.
(b) Amounts paid under this section are charged on a final basis during, or as of the close of, the fiscal year to the appropriation benefited. The appropriation charged under subsection (a) of this section shall be appropriately credited.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1534(a) | 31:628a(1st sentence). | June 29, 1966, |
| 1534(b) | 31:628a(last sentence). |
In subsection (a), the words "Subject to limitations applicable with respect to each appropriation concerned" are omitted as surplus. The words "or any bureau or office thereof" are omitted as being included in "agency". The words "to pay costs" are substituted for "for the purpose of financing the procurement of materials and services, or financing other costs" to eliminate unnecessary words.
In subsection (b), the words "amounts paid under this section" are substituted for "such expenses so financed", and the words "appropriations charged under subsection (a) of this section" are substituted for "financing appropriation", for clarity.
§1535. Agency agreements
(a) The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if—
(1) amounts are available;
(2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government;
(3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and
(4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise.
(b) Payment shall be made promptly by check on the written request of the agency or unit filling the order. Payment may be in advance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of payment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided.
(c) A condition or limitation applicable to amounts for procurement of an agency or unit placing an order or making a contract under this section applies to the placing of the order or the making of the contract.
(d) An order placed or agreement made under this section obligates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in—
(1) providing goods or services; or
(2) making an authorized contract with another person to provide the requested goods or services.
(e) This section does not—
(1) authorize orders to be placed for goods or services to be provided by convict labor; or
(2) affect other laws about working funds.
(
In the section, the word "agency" is substituted for "executive department or independent establishment of the Government" for clarity. See 12 Comp. Gen. 442 (1932) and United States v. Mitchell, 425 F. Supp. 917 (D.D.C. 1976). The words "major organizational unit" or "unit" are substituted for "bureau or office" for consistency in the revised title. The words "to fill the order" or "filling the order" are substituted for "such requisitioned" and "as may be requisitioned" for clarity and because of the restatement. The words "goods or services" are substituted for "materials, supplies, equipment, work, or services" to eliminate unnecessary words.
In subsection (a)(4), the words "the head of the agency decides" are added, and the words "commercial enterprise" are substituted for "private agencies", for clarity. The words "by competitive bids" are omitted as surplus because of various procurement laws.
In subsection (b), the words "The Secretary of Defense" are added for clarity because of Comptroller General decision B–20179 (Apr. 1, 1981). The words "a military department of the Department of Defense" are substituted for "the Department of the Army, Navy Department" for consistency with title 10 and to apply the source provisions to the Department of the Air Force because of sections 205(a) and 207(a) and (f) of the Act of July 26, 1947 (ch. 343,
In subsection (c), the words "pursuant to such order" are omitted as unnecessary.
Subsection (d) is substituted for the source provisions being restated to reflect decisions of the Comptroller General, including 31 Comp. Gen. 83 (1951), 34 Comp. Gen. 418 (1955), 39 Comp. Gen. 317 (1959), and 55 Comp. Gen. 1497 (1976).
In subsection (e), the words "any Government department or independent establishment, or any bureau or office thereof" and "except as otherwise provided by law" are omitted as unnecessary because of the restatement. The text of 31:686b(a) is omitted as executed.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1535(a) | 31 App.:686(a) (1st sentence words before 15th comma, proviso) | May 21, 1920, ch. 194, §7(a) (1st, 2d sentences), |
| 1535(b) | 31 App.:686(a) (1st sentence words between 15th comma and proviso, 2d sentence) | |
| 1535(c) | 31 App.:686(a) (last sentence) | May 21, 1920, ch. 194, |
Editorial Notes
Amendments
1984—Subsec. (a)(3).
Subsec. (a)(4).
Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Preventing Abuse of Interagency Contracts
"(a)
"(1)
"(A) submit to Congress a comprehensive report on interagency acquisitions, including their frequency of use, management controls, cost-effectiveness, and savings generated; and
"(B) issue guidelines to assist the heads of executive agencies in improving the management of interagency acquisitions.
"(2)
"(A) Procedures for the use of interagency acquisitions to maximize competition, deliver best value to executive agencies, and minimize waste, fraud, and abuse.
"(B) Categories of contracting inappropriate for interagency acquisition.
"(C) Requirements for training acquisition workforce personnel in the proper use of interagency acquisitions.
"(b)
"(1)
"(A) all interagency assisted acquisitions include a written agreement between the requesting agency and the servicing agency assigning responsibility for the administration and management of the contract; and
"(B) all interagency assisted acquisitions include sufficient documentation to ensure an adequate audit.
"(2)
"(c)
"(d)
"(1) The term 'executive agency' has the meaning given such term in section 4(1) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403(1)) [see
"(2) The term 'head of executive agency' means the head of an executive agency except that, in the case of a military department, the term means the Secretary of Defense.
"(3) The term 'interagency acquisition' means a procedure by which an executive agency needing supplies or services (the requesting agency) obtains them from another executive agency (the servicing agency). The term includes acquisitions under
"(4) The term 'multi-agency contract' means a task or delivery order contract established for use by more than one executive agency to obtain supplies and services, consistent with
Review and Enhancement of Existing Authorities for Using Air Force and Air National Guard Modular Airborne Fire-Fighting Systems and Other Department of Defense Assets To Fight Wildfires
"(a)
"(1) any adverse impact caused by the restrictions contained in
"(2) whether the authorities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
"(b)
"(c)
"(d)
"(e)
"(1) containing the results of the review conducted under subsection (a) and the determination made under subsection (b); and
"(2) based on such determination, describing the modifications proposed to be made to existing authorities under subsection (c) or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires.
"(f)
"(g)
"(A) conduct a second review under subsection (a) and make a second determination under subsection (b); and
"(B) submit to Congress a report that includes—
"(i) the results of the second review and second determination required by subparagraph (A); and
"(ii) a description, based on such second determination, of any new modifications proposed to be made to existing authorities under subsection (c) or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires.
"(2) Pursuant to the second determination under subsection (b) required by paragraph (1)(A), the Director shall develop and implement such modifications, regulations, policies, and interagency procedures as the Director determines appropriate pursuant to subsections (c) and (d). Any such modification, regulation, policy, or interagency procedure shall not take effect until the end of the 30-day period beginning on the date on which the report is submitted to Congress under paragraph (1)(B)."
Placement of Orders by Chief Administrative Officer of the House of Representatives
Economy Act Purchases
Department of Defense Purchases Through Other Agencies
Acquisition of Goods, Services, or Space by Secretary of Senate and Sergeant at Arms and Doorkeeper of Senate
"(1) The Secretary of the Senate and the Sergeant at Arms and Doorkeeper of the Senate are authorized to acquire goods, services, or space from government agencies and units by agreement under the provisions of the Economy Act,
"(2) No advance payment may be made under paragraph (1) unless specifically provided for in the agreement. No agreement providing for advance payment may be entered into unless it contains a provision requiring the refund of any unobligated balance of the advance.
"(3) Agreement under paragraph (1) shall be in accordance with regulations prescribed by the Committee on Rules and Administration of the Senate."
§1536. Crediting payments from purchases between executive agencies
(a) An advance payment made on an order under
(b) An amount paid under
(1) another law authorizes the amount to be credited to some other appropriation or fund; or
(2) the head of the executive agency filling the order decides that replacement is not necessary, in which case, the amount received is deposited in the Treasury as miscellaneous receipts.
(c) This section does not affect other laws about working funds.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1536(a) | 31:686(b)(1st, 2d sentences). | May 21, 1920, ch. 194, §7(b), |
| 1536(b) | 31:686(b)(3d, last sentences). | |
| 1536(c) | 31:686b(c)(related to 31:686). | June 30, 1932, ch. 314, §602(c)(related to §601), |
In subsection (b), the words "providing goods or services" are substituted for "furnishing the materials, supplies, or equipment, or in performing the work or services" to eliminate unnecessary words.
§1537. Services between the United States Government and the District of Columbia government
(a) To prevent duplication and to promote efficiency and economy, an officer or employee of—
(1) the United States Government may provide services to the District of Columbia government; and
(2) the District of Columbia government may provide services to the United States Government.
(b)(1) Services under this section shall be provided under an agreement—
(A) negotiated by officers and employees of the 2 governments; and
(B) approved by the Director of the Office of Management and Budget and the Mayor of the District of Columbia.
(2) Each agreement shall provide that the cost of providing the services shall be borne in the way provided in subsection (c) of this section by the government to which the services are provided at rates or charges based on the actual cost of providing the services.
(3) To carry out an agreement made under this subsection, the agreement may provide for the delegation of duties and powers of officers and employees of—
(A) the District of Columbia government to officers and employees of the United States Government; and
(B) the United States Government to officers and employees of the District of Columbia government.
(c) In providing services under an agreement made under subsection (b) of this section—
(1) costs incurred by the United States Government may be paid from appropriations available to the District of Columbia government officer or employee to whom the services were provided; and
(2) costs incurred by the District of Columbia government may be paid from amounts available to the United States Government officer or employee to whom the services were provided.
(d) When requested by the Director of the United States Secret Service, the Chief of the Metropolitan Police shall assist the Secret Service and the Secret Service Uniformed Division on a non-reimbursable basis in carrying out their protective duties under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1537(a) | 31:685a(a)(1st sentence). | Dec. 24, 1973, |
| 1537(b) | 31:685a(a)(2d, last sentences), (b). | |
| 1537(c) | 31:685a(c)(less last sentence words after last comma). | |
| 1537(d) | 31:685a(c)(last sentence words after last comma). |
In the section, the words "District of Columbia" are substituted for "District" for clarity and consistency.
In subsection (a), the word "duplication" is substituted for "duplication of effort" to eliminate unnecessary words. The words "officer or employee of the United States Government" are substituted for "any Federal officer or agency", and the words "officer or employee of the District of Columbia government" are substituted for "any District officer or agency", for consistency.
In subsection (b)(1), before clause (A), the words "Except where the terms and conditions governing the furnishing of such services are prescribed by other provisions of law" are omitted as surplus. In clause (A), the words "officers and employees of the 2 governments" are substituted for "Federal and District authorities" for consistency. In clause (B), the words "of the District of Columbia" are added for clarity.
In subsection (b)(3), before clause (A), the words "duties and powers" are substituted for "functions" for consistency in the revised title and with other titles of the United States Code. The text of 31:685a(b)(last sentence) is omitted as surplus.
In subsection (c)(1), the words "United States Government" are substituted for "each Federal officer and agency" for clarity.
In subsection (c)(2), the words "District of Columbia government" are substituted for "each District officer and agency" for consistency.
Editorial Notes
Amendments
2006—Subsec. (d).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
SUBCHAPTER IV—CLOSING ACCOUNTS
§1551. Definitions; applicability of subchapter
(a) In this subchapter—
(1) An obligated balance of an appropriation account as of the end of a fiscal year is the amount of unliquidated obligations applicable to the appropriation less amounts collectible as repayments to the appropriation.
(2) An unobligated balance is the difference between the obligated balance and the total unexpended balance.
(3) A fixed appropriation account is an appropriation account available for obligation for a definite period.
(b) The limitations on the availability for expenditure prescribed in this subchapter apply to all appropriations unless specifically otherwise authorized by a law that specifically—
(1) identifies the appropriate account for which the availability for expenditure is to be extended;
(2) provides that such account shall be available for recording, adjusting, and liquidating obligations properly chargeable to that account; and
(3) extends the availability for expenditure of the obligated balances.
(c) This subchapter does not apply to—
(1) appropriations for the District of Columbia government; or
(2) appropriations to be disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1551(a) | 31:701(c)(1st sentence). | July 25, 1956, ch. 727, §1(c)(1st sentence), |
| 1551(b) | 31:707. | July 25, 1956, ch. 727, §8, |
In subsection (b)(1), the words "District of Columbia government" are substituted for "District of Columbia" for consistency.
Editorial Notes
Amendments
1996—Subsec. (c)(2).
1992—
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment; Transitional Provisions
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(B) Subparagraph (A) shall not apply so as to require the deobligation of amounts—
"(i) for which there is documentary evidence that payment will be required within 180 days of the date of the enactment of this Act; or
"(ii) that are determined to be necessary for severance payments for foreign national employees.
"(7)
"(B) Any charge made pursuant to subparagraph (A) shall be subject to the maximum amount chargeable under subsection (b) of
"(8)
"(i) the obligation would have been properly chargeable (except as to amount) to the expired account before the end of the period of availability of that account; and
"(ii) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense.
"(B) The total amount charged to a current appropriation account under subparagraph (A) may not exceed an amount equal to the lesser of—
"(i) one percent of the total amount of the appropriations for that account; or
"(ii) one percent of the total amount of the appropriations for the expired account.
"(C) No obligation or adjustment of an obligation may be charged pursuant to the provisions of this paragraph until the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives are notified of the intent to make such a charge and a period of 30 days elapses after the notification is submitted.
"(D)
"(i) That the limitations on expending and obligating amounts established pursuant to
"(ii) That reports on any violations of such section 1341, whether intentional or inadvertent, are being submitted to the President and Congress immediately and with all relevant facts and a statement of actions taken as required by
"(E)
§1552. Procedure for appropriation accounts available for definite periods
(a) On September 30th of the 5th fiscal year after the period of availability for obligation of a fixed appropriation account ends, the account shall be closed and any remaining balance (whether obligated or unobligated) in the account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose.
(b) Collections authorized or required to be credited to an appropriation account, but not received before closing of the account under subsection (a) or under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1552(a) | 31:701(a)(1). | July 25, 1956, ch. 727, §1(a)(1), |
| 31:701(a)(2). | July 25, 1956, ch. 727, §1(a)(2), |
|
| 31:701(b). | July 25, 1956, ch. 727, §1(b), |
|
| 1552(b) | 31:701(c)(last sentence). | July 25, 1956, ch. 727, §§1(c)(last sentence), (d), 5, |
| 1552(c) | 31:701(d). | |
| 1552(d) | 31:705. |
In subsection (a), the text of 31:701(b)(1)(A) and (2)(A) and the words "for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976" are omitted as executed.
In subsection (a)(1), the words "period of availability ends" are substituted for "that period or the fiscal year or years, as the case may be, for which the appropriation is available for obligation" to eliminate unnecessary words.
In subsection (a)(2), the words "reverts to the Treasury" are substituted for "if the appropriation was derived in whole or in part from the general fund, shall revert to such fund" to eliminate unnecessary words.
In subsection (b), the words "not received before" are substituted for "not received until after" for clarity. The words "unless otherwise authorized by law" are omitted as surplus. The words "Comptroller General" are substituted for "General Accounting Office" for consistency.
In subsection (c), the text of 31:701(d)(last sentence) is omitted as executed.
In subsection (d), before clause (1), the word "heading" is substituted for "heads" for clarity and consistency.
Editorial Notes
Amendments
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Audit of Obligated Balances of Department of Defense
§1553. Availability of appropriation accounts to pay obligations
(a) After the end of the period of availability for obligation of a fixed appropriation account and before the closing of that account under
(b)(1) Subject to the provisions of paragraph (2), after the closing of an account under
(2) The total amount of charges to an account under paragraph (1) may not exceed an amount equal to 1 percent of the total appropriations for that account.
(c)(1) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount of obligations from that appropriation during a fiscal year for contract changes for that program, project, or activity to exceed $4,000,000, the obligation may only be made if the obligation is approved by the head of the agency (or an officer of the agency within the Office of the head of the agency to whom the head of the agency has delegated the authority to approve such an obligation).
(2) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount obligated from that appropriation during a fiscal year for that program, project, or activity to exceed $25,000,000, the obligation may not be made until—
(A) the head of the agency submits to the appropriate authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives a notice in writing of the intent to obligate such funds, together with a description of the legal basis for the proposed obligation and the policy reasons for the proposed obligation; and
(B) a period of 30 days has elapsed after the notice is submitted.
(3) In this subsection, the term "contract change" means a change to a contract under which the contractor is required to perform additional work. Such term does not include adjustments to pay claims or increases under an escalation clause.
(d)(1) Obligations under this section may be paid without prior action of the Comptroller General.
(2) This subchapter does not—
(A) relieve the Comptroller General of the duty to make decisions requested under law; or
(B) affect the authority of the Comptroller General to settle claims and accounts.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1553(a) | 31:702(1st sentence). | July 25, 1956, ch. 727, §2, |
| 1553(b) | 31:702(last sentence). |
In subsection (a), the word "separately" is substituted for "as one fund" for clarity. The words "remains available until expended" are substituted for "shall be available without fiscal year limitation" for consistency in the revised title.
In subsection (b), the words "Comptroller General" are substituted for "Comptroller General of the United States" and "General Accounting Office" for consistency. The words "affect the authority" are substituted for "abridge the existing authority" to eliminate unnecessary words. The words "settle claims and accounts" are substituted for "settle and adjust claims, demands, and accounts" for consistency with
Editorial Notes
Amendments
1990—
"(a) Each appropriation account established under
"(b) Under regulations prescribed by the Comptroller General, obligations under subsection (a) of this section may be paid without prior action of the Comptroller General. However, this subchapter does not—
"(1) relieve the Comptroller General of the duty to make decisions requested under law; or
"(2) affect the authority of the Comptroller General to settle claims and accounts."
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§1554. Audit, control, and reporting
(a) Any audit requirement, limitation on obligations, or reporting requirement that is applicable to an appropriation account shall remain applicable to that account after the end of the period of availability for obligation of that account.
(b)(1) After the close of each fiscal year, the head of each agency shall submit to the President and the Secretary of the Treasury a report regarding the unliquidated obligations, unobligated balances, canceled balances, and adjustments made to appropriation accounts of that agency during the completed fiscal year. The report shall be submitted no later than 15 days after the date on which the President's budget for the next fiscal year is submitted to Congress under
(2) Each report required by this subsection shall—
(A) provide a description, with reference to the fiscal year of appropriations, of the amount in each account, its source, and an itemization of the appropriations accounts;
(B) describe all current and expired appropriations accounts;
(C) describe any payments made under
(D) describe any adjustment of obligations during that fiscal year pursuant to
(E) contain a certification by the head of the agency that the obligated balances in each appropriation account of the agency reflect proper existing obligations and that expenditures from the account since the preceding review were supported by a proper obligation of funds and otherwise were proper;
(F) describe all balances canceled under
(3) The head of each Federal agency shall provide a copy of each such report to the Speaker of the House of Representatives and the Committee on Appropriations, the Committee on Governmental Affairs, and other appropriate oversight and authorizing committees of the Senate.
(c) The head of each agency shall establish internal controls to assure that an adequate review of obligated balances is performed to support the certification required by
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1554(a) | 31:703(a)(1st, 2d sentences, last sentence proviso). | July 25, 1956, ch. 727, §3(a), |
| 1554(b) | 31:703(a)(3d sentence, last sentence less proviso). |
In subsection (a), the words "head of the agency" are substituted for "agency concerned" for consistency. The word "President" is substituted for "Director of the Office of Management and Budget" because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (b), the words "withdrawal or restoration" are substituted for "transactions" the first time it appears.
Editorial Notes
Amendments
1991—Subsecs. (c), (d).
"(1) The Director of the Congressional Budget Office shall estimate each year the effect on the Federal deficit of payments and adjustments made with respect to
"(2) The Director shall include in the annual report of the Director to the Committees on the Budget of the Senate and House of Representatives under paragraph (1) of section 202(f) of the Congressional Budget Act of 1974 a statement of the estimates made pursuant to paragraph (1) of this subsection during the preceding year (including any revisions to estimates contained in earlier reports under such paragraph). The Director shall include in any report under paragraph (2) of that section any revisions to such estimates made since the most recent report under paragraph (1) of such section."
1990—
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Effective Date of 1990 Amendment
Amendment by
Reporting Requirement Regarding Effect of Certain Payments and Adjustments on Federal Deficit
§1555. Closing of appropriation accounts available for indefinite periods
An appropriation account available for obligation for an indefinite period shall be closed, and any remaining balance (whether obligated or unobligated) in that account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose, if—
(1) the head of the agency concerned or the President determines that the purposes for which the appropriation was made have been carried out; and
(2) no disbursement has been made against the appropriation for two consecutive fiscal years.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1555(a) | 31:706(less proviso). | July 25, 1956, ch. 727, §6, |
| 1555(b) | 31:706(proviso). |
In subsection (a), the words "indefinite period" are substituted for "not limited to a definite period of time" for consistency in the revised title. The words "consecutive fiscal years" are substituted for "full consecutive fiscal years" to eliminate an unnecessary word.
In subsection (b), the words "or were heretofore withdrawn from the appropriation account by administrative action" are omitted as executed.
Editorial Notes
Amendments
1990—
"(a) An unobligated balance of an appropriation for an indefinite period shall be withdrawn in the way provided in
"(b) An amount of an appropriation withdrawn under this section may be restored to the applicable appropriation account to pay obligations and to settle accounts."
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§1556. Comptroller General: reports on appropriation accounts
(a) In carrying out audit responsibilities, the Comptroller General shall report on operations under this subchapter to—
(1) the head of the agency concerned;
(2) the Secretary of the Treasury; and
(3) the President.
(b) A report under this section shall include an appraisal of unpaid obligations under fixed appropriation accounts for which the period of availability for obligation has ended.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1556(a) | 31:703(b)(1st sentence words before 4th comma). | July 25, 1956, ch. 727, §3(b), |
| 1556(b) | 31:703(b)(1st sentence words after 4th comma, last sentence). |
In the section, the word "President" is substituted for "Director of the Office of Management and Budget" because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
Editorial Notes
Amendments
1990—
"(a) In carrying out audit responsibilities, the Comptroller General shall report on operations under this subchapter to—
"(1) the head of the agency concerned;
"(2) the Secretary of the Treasury; and
"(3) the President.
"(b) A report under this section shall include an appraisal of unpaid obligations under appropriation accounts established under
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§1557. Authority for exemptions in appropriation laws
A provision of an appropriation law may exempt an appropriation from the provisions of this subchapter and fix the period for which the appropriation remains available for expenditure.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1557 | 31:708. | July 25, 1956, ch. 727, §9, |
Editorial Notes
Amendments
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§1558. Availability of funds following resolution of a formal protest or other challenge
(a) Notwithstanding
(b) Subsection (a) applies with respect to—
(1) any protest filed under subchapter V of
(2) an action commenced under administrative procedures or for a judicial remedy if—
(A) the action involves a challenge to—
(i) a solicitation for a contract;
(ii) a proposed award of a contract;
(iii) an award of a contract; or
(iv) the eligibility of an offeror or potential offeror for a contract or of the contractor awarded the contract; and
(B) commencement of the action delays or prevents an executive agency from making an award of a contract or proceeding with a procurement.
(Added
Editorial Notes
Amendments
1996—
Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by