US (United States) Code. Title 31. Subtitle II: The Budget process. Chapter 13: Appropriations

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-CITE-

31 USC CHAPTER 13 - APPROPRIATIONS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

-HEAD-

CHAPTER 13 - APPROPRIATIONS

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

1301. Application.

1302. Determining amounts appropriated.

1303. Effect of changes in titles of appropriations.

1304. Judgments, awards, and compromise settlements.

1305. Miscellaneous permanent appropriations.

1306. Use of foreign credits.

1307. Public building construction.

1308. Telephone and metered services.

1309. Social security tax.

1310. Appropriations for private organizations.

SUBCHAPTER II - TRUST FUNDS AND REFUNDS

1321. Trust funds.

1322. Payments of unclaimed trust fund amounts and refund of

amounts erroneously deposited.

1323. Trust funds for certain fees, donations, quasi-public

amounts, and unearned amounts.

1324. Refund of internal revenue collections.

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

1341. Limitations on expending and obligating amounts.

1342. Limitation on voluntary services.

1343. Buying and leasing passenger motor vehicles and

aircraft.

1344. Passenger carrier use.

1345. Expenses of meetings.

1346. Commissions, councils, boards, and interagency and

similar groups.

1347. Appropriations or authorizations required for agencies

in existence for more than one year.

1348. Telephone installation and charges.

1349. Adverse personnel actions.

1350. Criminal penalty.

1351. Reports on violations.

1352. Limitation on use of appropriated funds to influence

certain Federal contracting and financial

transactions.

1353. Acceptance of travel and related expenses from

non-Federal sources.

1354. Limitation on use of appropriated funds for contracts

with entities not meeting veterans' employment

reporting requirements.

AMENDMENTS

1998 - Pub. L. 105-339, Sec. 7(b)(2), Oct. 31, 1998, 112 Stat.

3189, added item 1354.

1990 - Pub. L. 101-280, Sec. 4(b)(2), May 4, 1990, 104 Stat. 157,

redesignated item 1352 "Acceptance of travel and related expenses

from non-Federal sources" as 1353.

1989 - Pub. L. 101-194, title III, Sec. 302(b), Nov. 30, 1989,

103 Stat. 1746, added item 1352 "Acceptance of travel and related

expenses from non-Federal sources".

Pub. L. 101-121, title III, Sec. 319(a)(2), Oct. 23, 1989, 103

Stat. 756, added item 1352 "Limitation on use of appropriated funds

to influence certain Federal contracting and financial

transactions".

1986 - Pub. L. 99-550, Sec. 1(b), Oct. 27, 1986, 100 Stat. 3070,

substituted "Passenger carrier use" for "Passenger motor vehicle

and aircraft use" in item 1344.

-End-

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31 USC SUBCHAPTER I - GENERAL 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

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31 USC Sec. 1301 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1301. Application

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1301(a) 31:628. R.S. Sec. 3678.

1301(b) 31:717. Mar. 4, 1915, ch. 147, Sec. 4,

38 Stat. 1161.

1301(c) 31:718. Aug. 24, 1912, ch. 355, Sec.

7, 37 Stat. 487; Mar. 3, 1919,

ch. 99, Sec. 6(last sentence),

40 Stat. 1309.

1301(d) 31:627. June 30, 1906, ch. 3914, Sec.

9, 34 Stat. 764.

--------------------------------------------------------------------

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 section 713 of this title" and the words related to

section 5 of the Act of June 20, 1874 (31:713), in section 6(last

sentence) of the Act of March 3, 1919 (ch. 99, 40 Stat. 1309), are

omitted because section 5 was repealed by section 3 of the Act of

July 6, 1949 (ch. 299, 63 Stat. 407).

In subsection (d), the words "passed after June 30, 1906" are

omitted as executed.

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-359, Sec. 1, July 13, 1984, 98 Stat. 402, provided:

"That this Act [amending section 1322 of this title] may be cited

as the 'Postal Savings System Statute of Limitations Act'."

TRANSFERS FROM APPROPRIATION ACCOUNTS; SALARIES OF TEMPORARILY

REASSIGNED EMPLOYEES

Pub. L. 105-277, div. A, Sec. 101(f) [title V, Sec. 510], Oct.

21, 1998, 112 Stat. 2681-337, 2681-385, as amended by Pub. L.

106-31, title V, Sec. 5005(l), May 21, 1999, 113 Stat. 111,

provided that: "Notwithstanding any other provision of law,

hereafter -

"(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 sections 1512 and 1513 of title 31, United States

Code; and

"(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:

Pub. L. 105-78, title V, Sec. 511, Nov. 13, 1997, 111 Stat. 1516.

Pub. L. 104-208, div. A, title I, Sec. 101(e) [title V, Sec.

509], Sept. 30, 1996, 110 Stat. 3009-233, 3009-269.

Pub. L. 104-134, title I, Sec. 101(d) [title V, Sec. 509], Apr.

26, 1996, 110 Stat. 1321-211, 1321-244; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103-333, title V, Sec. 515, Sept. 30, 1994, 108 Stat.

2574.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2633; title 40

section 504; title 42 section 9619.

-End-

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31 USC Sec. 1302 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1302. Determining amounts appropriated

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1302 31:670. May 28, 1896, ch. 252, Sec.

1(par. immediately before

heading "Treasury

Department"), 29 Stat. 148.

--------------------------------------------------------------------

The words "by adding up" are substituted for "by the correct

footing up" for clarity.

-End-

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31 USC Sec. 1303 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1303. Effect of changes in titles of appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 917.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1303 31:581(note). Sept. 12, 1950, ch. 946, Sec.

302(b), 64 Stat. 844.

--------------------------------------------------------------------

-End-

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31 USC Sec. 1304 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1304. Judgments, awards, and compromise settlements

-STATUTE-

(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 section 2414, 2517, 2672, or 2677 of title 28;

(B) under section 3723 of this title;

(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 section 2733 or 2734 of

title 10, section 715 of title 32, or section 203 of the

National Aeronautics and Space Act of 1958 (42 U.S.C. 2473).

(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

section 2516(b) of title 28, 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.

(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.

-SOURCE-

(Pub. L. 97-258, Secs. 1, 2(m)(2), Sept. 13, 1982, 96 Stat. 917,

1062; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106

Stat. 4516; Pub. L. 104-316, title II, Sec. 202(m), Oct. 19, 1996,

110 Stat. 3843.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1304(a) 31:724a(1st July 27, 1956, ch. 748, Sec.

sentence words 1302(1st sentence), 70 Stat.

before 1st proviso). 694; Aug. 30, 1961, Pub. L.

87-187, Sec. 3, 75 Stat. 416;

July 18, 1966, Pub. L. 89-506,

Sec. 6, 80 Stat. 307; July 23,

1970, Pub. L. 91-350, Sec.

1(c), 84 Stat. 449; restated

May 4, 1977, Pub. L. 95-26,

Sec. 101(2d par. under heading

"Claims and Judgments"), 91

Stat. 96; Mar. 7, 1978, Pub.

L. 95-240, Sec. 201, 92 Stat.

116; Nov. 1, 1978, Pub. L.

95-563, Sec. 14(c), 92 Stat.

2390; Apr. 2, 1982, Pub. L.

97-164, title I, Sec. 155,

title III, Sec. 302(c), 96

Stat. 47, 56.

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.

-REFTEXT-

REFERENCES IN TEXT

Section 2518 of title 28, referred to in subsec. (c)(1), was

repealed by Pub. L. 97-164, title I, Sec. 139(l), Apr. 2, 1982, 96

Stat. 43.

-MISC2-

AMENDMENTS

1996 - Subsecs. (a)(2), (b)(1)(A), (B). Pub. L. 104-316

substituted "Secretary of the Treasury" for "Comptroller General".

1992 - Subsec. (b)(1)(B). Pub. L. 102-572 substituted "United

States Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (b)(1)(A). Pub. L. 97-258, Sec. 2(m)(2)(A), struck

out "under section 2411(b) of title 28" after "district court".

Subsec. (b)(1)(B). Pub. L. 97-258, Sec. 2(m)(2)(B), substituted

"Court of Appeals for the Federal Circuit or the United States

Claims Court" for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 2(m) of Pub. L. 97-258 provided that the amendment made

by that section is effective Oct. 1, 1982.

-TRANS-

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

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3723, 7430, 7432, 7433 of

this title; title 7 section 136m; title 10 sections 2733, 2734;

title 16 sections 79g, 429b, 460bb-2, 838l; title 18 section 2712;

title 25 sections 1777c, 1778c, 1779f; title 26 sections 7426,

7435; title 28 sections 1961, 3906; title 32 sections 334, 715;

title 41 section 612.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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31 USC Sec. 1305 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1305. Miscellaneous permanent appropriations

-STATUTE-

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

(42 U.S.C. 5308) for the payment of interest on obligations

guaranteed by the Secretary of Housing and Urban Development

under section 108.

(5) to make payments required under contracts made under

section 103(b) of the Housing Act of 1949 (42 U.S.C. 1453(b)) for

projects or programs for which amounts had been committed before

January 1, 1975, and for which amounts have not been

appropriated.

(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 (20 U.S.C. 54).

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

(42 U.S.C. 1437c).

COLLEGE HOUSING GRANTS

(8) to make payments required under contracts made under title

IV of the Housing Act of 1950, as amended (12 U.S.C. 1749 et

seq.).

RENT SUPPLEMENT PROGRAM

(9) to make payments required under contracts under section 101

of the Housing and Urban Development Act of 1965, as amended (12

U.S.C. 1701s).

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 (12 U.S.C. 1715z, 1715z-1).

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918; Pub. L. 97-452, Sec.

1(4), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-371, title I, Sec.

101, July 18, 1984, 98 Stat. 1220.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1305 31:711(1)-(3), R.S. Sec. 3689(less last 3

(11a)-(23). 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, Sec.

4(less words between 1st and

2d semicolons), 18 Stat. 109;

Mar. 3, 1875, ch. 129, Sec.

1(6th par. 3d sentence under

heading "War Department"), 18

Stat. 359; June 19, 1878, ch.

329, Sec. 1(par. immediately

before heading "Office of the

Attorney General"), 20 Stat.

205; May 26, 1908, ch. 198,

Sec. 1(last par. on p. 295),

35 Stat. 295; June 25, 1910,

ch. 384, Sec. 8(words before

semicolon), 36 Stat. 773; Oct.

18, 1972, Pub. L. 92-500, Sec.

12(p), 86 Stat. 902; Aug. 22,

1974, Pub. L. 93-383, Secs.

108(i), 117(a), 88 Stat. 649,

653; Oct. 12, 1977, Pub. L.

95-128, Sec. 108(2), 91 Stat.

1123.

--------------------------------------------------------------------

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, 18 Stat. 109), is omitted as

expired.

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, 46

Stat. 1028), and section 3 of the Act of May 29, 1945 (ch. 135, 59

Stat. 225).

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, 18 Stat.

447), and section 1(last par. on p. 197) of the Act of August 15,

1876 (ch. 289, 19 Stat. 197).

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 (Pub.

L. 97-199, 96 Stat. 121).

-REFTEXT-

REFERENCES IN TEXT

Section 103(b) of the Housing Act of 1949 (42 U.S.C. 1453(b)),

referred to in par. (5), was omitted from the Code pursuant to

section 5316 of Title 42, The Public Health and Welfare, which

terminated the authority to make grants or loans under title I of

that Act (42 U.S.C. 1450 et seq.) after Jan. 1, 1975.

The Housing Act of 1950, referred to in par. (8), is act Apr. 20,

1950, ch. 94, 64 Stat. 48, as amended. Title IV of the Housing Act

of 1950, which was classified generally to subchapter IX (Sec. 1749

et seq.) of chapter 13 of Title 12, Banks and Banking, was repealed

by Pub. L. 99-498, title VII, Sec. 702, Oct. 17, 1986, 100 Stat.

1545. For complete classification of this Act to the Code, see

Short Title of 1950 Amendment note set out under section 1701 of

Title 12 and Tables.

Section 101 of the Housing and Urban Development Act of 1965, as

amended, referred to in par. (9), is section 101 of Pub. L. 89-117,

title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s

of Title 12, and amended sections 1451 and 1465 of this title.

-MISC2-

AMENDMENTS

1984 - Pars. (7) to (10). Pub. L. 98-371 added pars. (7) to (10).

1983 - Par. (6). Pub. L. 97-452 substituted provisions relating

to payment of the interest on the fund derived from the bequest of

James Smithson, for the construction of buildings and the expenses

of the Smithsonian Institution, at rates determined under section

5590 of the Revised Statutes, for provisions relating to payment

for construction of buildings and expenses of the Smithsonian

Institution, at 6 percent on the fund derived from the bequest of

James Smithson.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 1715z-1.

-End-

-CITE-

31 USC Sec. 1306 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1306. Use of foreign credits

-STATUTE-

(a) In General. - Foreign credits (including currencies) owed to

or owned by the United States may be used by any agency for any

purpose for which appropriations are made for the agency for the

current fiscal year (including the carrying out of Acts requiring

or authorizing the use of such credits), but only when

reimbursement therefor is made to the Treasury from applicable

appropriations of the agency.

(b) Exception to Reimbursement Requirement. - Credits described

in subsection (a) that are received as exchanged allowances, or as

the proceeds of the sale of personal property, may be used in whole

or partial payment for the acquisition of similar items, to the

extent and in the manner authorized by law, without reimbursement

to the Treasury.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918; Pub. L. 104-208,

div. A, title I, Sec. 101(f) [title VI, Sec. 612(a)], Sept. 30,

1996, 110 Stat. 3009-314, 3009-355.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1306 31:724. July 15, 1952, ch. 758, Sec.

1415, 66 Stat. 662.

--------------------------------------------------------------------

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.

AMENDMENTS

1996 - Pub. L. 104-208 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "Foreign credits owed to or owned by the Treasury are not

available for expenditure by agencies except as provided annually

in general appropriation laws."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(f) [title VI, Sec. 612(b)] of Pub. L. 104-208

provided that: "The amendment made by this section [amending this

section] shall take effect on the date of the enactment of this Act

[Sept. 30, 1996] and shall apply thereafter."

APPROPRIATIONS OF EXCESS CURRENCIES

Pub. L. 102-391, title V, Sec. 566, Oct. 6, 1992, 106 Stat. 1680,

provided that: "The provisions of section 1306 of title 31, United

States Code, shall not be waived to carry out the provisions of the

Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] by any

provision of law enacted after the date of enactment of this Act

[Oct. 6, 1992] unless such provision makes specific reference to

this section."

Similar provisions were contained in the following prior

appropriations acts:

Pub. L. 101-513, title V, Sec. 570, Nov. 5, 1990, 104 Stat. 2041.

Pub. L. 101-167, title V, Sec. 583, Nov. 21, 1989, 103 Stat.

1251.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3343 of this title; title

7 sections 1704, 1727e; title 16 section 1537; title 22 sections

1754, 2103, 2194, 2407, 5495.

-End-

-CITE-

31 USC Sec. 1307 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1307. Public building construction

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 918.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1307 31:682. June 23, 1874, ch. 476, Sec.

1, 18 Stat. 275.

--------------------------------------------------------------------

The words before the proviso in the Act of June 23, 1874 (ch.

476, 18 Stat. 275), are omitted as obsolete.

-End-

-CITE-

31 USC Sec. 1308 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1308. Telephone and metered services

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1308 31:668a. Apr. 27, 1937, ch. 143, 50

Stat. 119; restated Apr. 26,

1939, ch. 103, 53 Stat. 624.

--------------------------------------------------------------------

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.

-End-

-CITE-

31 USC Sec. 1309 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1309. Social security tax

-STATUTE-

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 chapter 21 of the

Internal Revenue Code of 1986 (26 U.S.C. 3101 et seq.).

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 99-514, Sec.

2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1309 31:699a. July 15, 1952, ch. 758, Sec.

1410, 66 Stat. 661.

--------------------------------------------------------------------

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".

AMENDMENTS

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954".

-End-

-CITE-

31 USC Sec. 1310 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1310. Appropriations for private organizations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1310(a) 31:721(words before June 23, 1874, ch. 455, Sec.

14th comma). 1(par. immediately before

heading "Smithsonian

Institution"), 18 Stat. 216.

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 chapter 33 of the revised title.

The word "appropriation" is substituted for "moneys appropriated"

for consistency in the revised title. The words "for a private

organization" are substituted for "for the aid, use, support, or

benefit of any charitable, industrial, or other association,

institution, or corporation" to eliminate unnecessary words. The

word "official" is substituted for "officer" for consistency in the

revised title. In clause (1), the word "Treasury" is substituted

for "Treasurer of the United States" because of the source

provisions restated in section 321 of the revised title and

Department of the Treasury Order 229 of January 14, 1974 (39 F.R.

2280). The words "or of an assistant treasurer" in section 1 of the

Act of June 23, 1874, are omitted as superseded by section 1(1st

par. under heading "Independent Treasury") of the Act of May 29,

1920 (ch. 214, 41 Stat. 254).

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.

-End-

-CITE-

31 USC SUBCHAPTER II - TRUST FUNDS AND REFUNDS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER II - TRUST FUNDS AND REFUNDS

-HEAD-

SUBCHAPTER II - TRUST FUNDS AND REFUNDS

-End-

-CITE-

31 USC Sec. 1321 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER II - TRUST FUNDS AND REFUNDS

-HEAD-

Sec. 1321. Trust funds

-STATUTE-

(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) Repealed. Pub. L. 101-510, div. A, title XV, Sec.

1533(c)(1)(A)(ii), Nov. 5, 1990, 104 Stat. 1735.]

(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. Pub. L. 101-510, div. A, title XV, Sec.

1533(c)(1)(A)(ii), Nov. 5, 1990, 104 Stat. 1735.]

(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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 98-426, Sec.

27(d)(2), Sept. 28, 1984, 98 Stat. 1654; Pub. L. 101-189, div. A,

title III, Sec. 341(a), Nov. 29, 1989, 103 Stat. 1419; Pub. L.

101-510, div. A, title XV, Sec. 1533(c)(1), Nov. 5, 1990, 104 Stat.

1735; Pub. L. 102-54, Sec. 13(l)(1), June 13, 1991, 105 Stat. 277;

Pub. L. 103-322, title XXXI, Sec. 310001(d), Sept. 13, 1994, 108

Stat. 2103; Pub. L. 104-106, div. A, title IX, Sec. 914(c), Feb.

10, 1996, 110 Stat. 413; Pub. L. 104-201, div. A, title X, Sec.

1008(c), Sept. 23, 1996, 110 Stat. 2633; Pub. L. 105-261, div. A,

title IX, Sec. 906(f)(2), Oct. 17, 1998, 112 Stat. 2096.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1321(a) 31:725s(a)(1st June 26, 1934, ch. 756, Sec.

sentence, cls. 20(less (a)(last sentence last

(1)-(84)), (c). proviso)), 48 Stat. 1233; June

15, 1943, ch. 125, Secs. 1(a),

2(a), 57 Stat. 152, 153; Oct.

15, 1976, Pub. L. 94-502, Sec.

407, 90 Stat. 2397.

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.

-REFTEXT-

REFERENCES IN TEXT

The Longshore and Harbor Workers' Compensation Act, referred to

in subsec. (a)(12), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as

amended, which is classified generally to chapter 18 (Sec. 901 et

seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see section 901 of Title 33

and Tables.

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, Sec. 1, 66

Stat. 790, which was classified to section 71h of former Title 40,

Public Buildings, Property, and Works, and was repealed and

reenacted as section 8711(f) of Title 40, Public Buildings,

Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,

2002, 116 Stat. 1062, 1304.

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, Sec. 2, June 10, 1933, set

out as a note under section 901 of Title 5, Government Organization

and Employees.

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, 49 Stat.

946, as amended, which is not classified to the Code.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(92) to (94). Pub. L. 105-261 struck out pars.

(92) to (94) which read as follows:

"(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). Pub. L. 104-106, Sec. 914(c)(1),

added pars. (92) and (93).

Subsec. (a)(94). Pub. L. 104-201, Sec. 1008(c)(1), added par.

(94).

Subsec. (b). Pub. L. 104-106, Sec. 914(c)(2), designated existing

provisions as par. (1), substituted "Except as provided in

paragraph (2), amounts accruing to these funds" for "Amounts

accruing to these funds (except to the trust fund 'Armed Forces

Retirement Home Trust Fund')", struck out "Expenditures from the

trust fund 'Armed Forces Retirement Home Trust Fund' shall be made

only under annual appropriations and only if the appropriations are

specifically authorized by law." after second sentence, and added

par. (2).

Subsec. (b)(2)(D). Pub. L. 104-201, Sec. 1008(c)(2), added

subpar. (D).

1994 - Subsec. (a)(91). Pub. L. 103-322 added par. (91).

1991 - Subsec. (a)(45), (74), (82), (83). Pub. L. 102-54

substituted "Department of Veterans Affairs" for "Veterans'

Administration", wherever appearing.

1990 - Subsec. (a)(5). Pub. L. 101-510, Sec. 1533(c)(1)(A)(i),

substituted "Armed Forces Retirement Home Trust Fund" for "Personal

funds of deceased inmates, Naval Home".

Subsec. (a)(59), (81). Pub. L. 101-510, Sec. 1533(c)(1)(A)(ii),

struck out pars. (59) "Soldiers' Home, permanent fund." and (81)

"Soldiers' Home, interest account."

Subsec. (b). Pub. L. 101-510, Sec. 1533(c)(1)(B), substituted

"Armed Forces Retirement Home Trust Fund" for "Soldiers' Home,

Permanent Fund" in two places.

1989 - Subsec. (b). Pub. L. 101-189 substituted "annual

appropriations and only if the appropriations are specifically

authorized by law." for "annual appropriations. Those

appropriations are authorized to be made."

1984 - Subsec. (a)(12). Pub. L. 98-426 substituted "Longshore"

for "Longshoremen's".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title IX, Sec. 906(f)(3), Oct. 17, 1998,

112 Stat. 2096, provided that: "The amendments made by this

subsection [amending this section and repealing section 2221 of

Title 10, Armed Forces] shall take effect 90 days after the date of

the enactment of this Act [Oct. 17, 1998]."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 341(b) of Pub. L. 101-189 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to appropriations for the operation of the United States

Soldiers' and Airmen's Home [now Armed Forces Retirement Home -

Washington] made for fiscal years after fiscal year 1990."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

Title 33, Navigation and Navigable Waters.

TRUST FUNDS FOR INDIVIDUAL INDIANS

Section 725s of former Title 31 (now this section) was modified

by act June 25, 1936, ch. 814, 49 Stat. 1928, providing that it

shall not be applicable to funds held in trust for individual

Indians, associations of individual Indians, or for Indian

corporations chartered under sections 461, 462, 463, 464, 465, 466

to 470, 471, 472, 473, 474, 475, 476 to 478, and 479 of Title 25,

Indians.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1322 of this title; title

20 section 225; title 25 section 385a; title 33 section 770; title

38 sections 8502, 8520.

-End-

-CITE-

31 USC Sec. 1322 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER II - TRUST FUNDS AND REFUNDS

-HEAD-

Sec. 1322. Payments of unclaimed trust fund amounts and refund of

amounts erroneously deposited

-STATUTE-

(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 section 1321(b) of this title that has been in

the fund for more than one year and represents money belonging to

individuals whose whereabouts are unknown. Subsequent claims to the

transferred funds shall be paid from the account "Unclaimed Moneys

of Individuals Whose Whereabouts are Unknown".

(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

(Public Law 92-117; 85 Stat. 337). The Secretary shall use the

balance to pay claims for Postal Savings System deposits without

regard to the State law or the law of other jurisdictions of

deposit concerning the disposition of unclaimed or abandoned

property.

(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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 922; Pub. L. 98-359, Sec.

2, July 13, 1984, 98 Stat. 402.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1322(a) 31:725s(a)(last June 26, 1934, ch. 756, Sec.

sentence last 20(a)(last sentence last

proviso). proviso), 48 Stat. 1233; Apr.

21, 1976, Pub. L. 94-273, Sec.

2(16), 90 Stat. 375.

1322(b) 31:725p-1. June 30, 1949, ch. 286, Sec.

101(par. under heading

"Payments of Unclaimed

Moneys"), 63 Stat. 359.

31:725q-1. June 30, 1949, ch. 286, Sec.

101(par. under heading "Refund

of Moneys Erroneously Received

and Covered"), 63 Stat. 358.

1322(c) 31:725p(note). Aug. 13, 1971, Pub. L. 92-117,

85 Stat. 337.

--------------------------------------------------------------------

In subsection (a), the words "directed to be established in

section 725p of this title" are omitted as surplus.

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 section 725p of this title"

in 31:725p-1 are omitted as unnecessary because of the restatement.

In clause (2), the words "United States Government account 'Refund

of Moneys Erroneously Received and Covered' " are substituted for

"of the character formerly chargeable to the appropriation accounts

abolished under section 725q of this title" in 31:725q-1 for

clarity and to eliminate unnecessary words.

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 (Pub. L. 92-117, 85 Stat. 337), is omitted as executed.

-REFTEXT-

REFERENCES IN TEXT

Subsection (a) of the first section of the Act of August 13, 1971

(Public Law 92-117; 85 Stat. 337), referred to in subsec. (c)(1),

was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1081.

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 Pub. L. 98-359, which was approved July 13, 1984.

-MISC2-

AMENDMENTS

1984 - Subsec. (c)(1). Pub. L. 98-359 substituted provision

authorizing the balance to be held by the Secretary for provision

authorizing the balance to be held by the Secretary in perpetuity.

Subsec. (c)(2). Pub. L. 98-359 substituted reference to par. (3)

of this subsection for reference to par. (1) of this subsection.

Subsec. (c)(3), (4). Pub. L. 98-359 added pars. (3) and (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 331 of this title; title

20 section 225; title 33 section 770; title 38 section 5504.

-End-

-CITE-

31 USC Sec. 1323 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER II - TRUST FUNDS AND REFUNDS

-HEAD-

Sec. 1323. Trust funds for certain fees, donations, quasi-public

amounts, and unearned amounts

-STATUTE-

(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).

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 922.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1323(a), 31:725r(less June 26, 1934, ch. 756, Sec.

(b) proviso). 19, 48 Stat. 1232; Dec. 21,

1944, ch. 631, Sec. 2, 58

Stat. 845.

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, 54 Stat.

1238)) for consistency with title 28.

The words related to Patent Office (subsequently changed to

Patent and Trademark Office because of section 3 of the Act of

January 2, 1975 (Pub. L. 93-596, 88 Stat. 1949)), are omitted as

superseded by 35:42.

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.

-End-

-CITE-

31 USC Sec. 1324 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER II - TRUST FUNDS AND REFUNDS

-HEAD-

Sec. 1324. Refund of internal revenue collections

-STATUTE-

(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 (26 U.S.C. 1 et seq.) enacted before January 1,

1978, or enacted by the Taxpayer Relief Act of 1997, or from

section 35 of such Code.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 99-514, Sec.

2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 105-34, title I, Sec.

101(d)(1), Aug. 5, 1997, 111 Stat. 799; Pub. L. 107-210, div. A,

title II, Sec. 201(c)(1), Aug. 6, 2002, 116 Stat. 960.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1324(a) 31:725q-1a(1st June 19, 1948, ch. 558, Sec.

par.). 101(words before proviso in

par. under heading "Bureau of

Internal Revenue"), 62 Stat.

561.

1324(b) 31:725q-1a(last June 19, 1948, ch. 558, 62

par.). Stat. 560, Sec. 302(last par);

added Sept. 8, 1978, Pub. L.

95-355, Sec. 303, 92 Stat. 563.

--------------------------------------------------------------------

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.

-REFTEXT-

REFERENCES IN TEXT

Act of March 30, 1928, referred to in subsec. (a)(2)(C), is act

Mar. 30, 1928, ch. 302, 45 Stat. 398, which is not classified to

the Code.

The Taxpayer Relief Act of 1997, referred to in subsec. (b)(2),

is Pub. L. 105-34, Aug. 5, 1997, 111 Stat. 788. For complete

classification of this Act to the Code, see Short Title of 1997

Amendment note set out under section 1 of Title 26, Internal

Revenue Code, and Tables.

Section 35 of the Internal Revenue Code of 1986, referred to in

subsec. (b)(2), is classified to section 35 of Title 26, Internal

Revenue Code.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-210 inserted ", or from

section 35 of such Code" before period at end.

1997 - Subsec. (b)(2). Pub. L. 105-34 inserted before period at

end ", or enacted by the Taxpayer Relief Act of 1997".

1986 - Subsec. (b)(2). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-34 applicable to taxable years beginning

after Dec. 31, 1997, see section 101(e) of Pub. L. 105-34, set out

as a note under section 24 of Title 26, Internal Revenue Code.

CONSTRUCTION OF 2002 AMENDMENT

Nothing in amendment by Pub. L. 107-210, other than provisions

relating to COBRA continuation coverage and reporting requirements,

to be construed as creating new mandate on any party regarding

health insurance coverage, see section 203(f) of Pub. L. 107-210,

set out as a note under section 2918 of Title 29, Labor.

COORDINATION WITH REFUND PROVISION

Pub. L. 101-508, title XI, Sec. 11116, Nov. 5, 1990, 104 Stat.

1388-415, provided that: "For purposes of section 1324(b)(2) of

title 31 of the United States Code, section 32 of the Internal

Revenue Code of 1986 [26 U.S.C. 32] (as amended by this Act) shall

be considered to be a credit provision of the Internal Revenue Code

of 1954 enacted before January 1, 1978."

-End-

-CITE-

31 USC SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND

PENALTIES 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-End-

-CITE-

31 USC Sec. 1341 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1341. Limitations on expending and obligating amounts

-STATUTE-

(a)(1) 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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101-508,

title XIII, Sec. 13213(a), Nov. 5, 1990, 104 Stat. 1388-621.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1341(a) 31:665(a), R.S. Sec. 3679(a), (d)(2)(last

(d)(2)(last sentence related to spending

sentence related to and obligations); Mar. 3,

spending and 1905, ch. 1484, Sec. 4(1st

obligations). par.), 33 Stat. 1257; Feb. 27,

1906, ch. 510, Sec. 3, 34

Stat. 48; restated Sept. 6,

1950, ch. 896, Sec. 1211, 64

Stat. 765.

1341(b) 31:669(words after Aug. 23, 1912, ch. 350, Sec.

semicolon). 6(words after semicolon), 37

Stat. 414.

--------------------------------------------------------------------

In subsection (b), the words "another amount available for

obligation" are substituted for "any other fund" for consistency in

the revised title.

-REFTEXT-

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 section 902 of Title 2, The Congress.

-MISC2-

AMENDMENTS

1990 - Subsec. (a)(1)(C), (D). Pub. L. 101-508 added subpars. (C)

and (D).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1349, 1350, 1351 of this

title; title 2 section 60a-2; title 5 section 5306; title 8 section

1363a; title 16 sections 450ss-4, 698v-4, 754c; title 19 section

2081; title 20 section 1225; title 22 sections 277d-3, 1461b,

2295b, 5857; title 26 section 7608; title 33 section 891d; title 40

section 585; title 42 sections 2204, 2204a, 2210, 2295, 2394, 9619;

title 43 section 377b; title 49 sections 40110, 40111, 40112; title

50 section 403f.

-End-

-CITE-

31 USC Sec. 1342 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1342. Limitation on voluntary services

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101-508,

title XIII, Sec. 13213(b), Nov. 5, 1990, 104 Stat. 1388-621; Pub.

L. 104-92, title III, Sec. 310(a), Jan. 6, 1996, 110 Stat. 20.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1342 31:665(b). R.S. Sec. 3679(b), (d)(2)(last

sentence related to voluntary

services); Mar. 3, 1905, ch.

1484, Sec. 4(1st par.), 33

Stat. 1257; Feb. 27, 1906, ch.

510, Sec. 3, 34 Stat. 48;

restated Sept. 6, 1950, ch.

896, Sec. 1211, 64 Stat. 765.

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.

AMENDMENTS

1996 - Pub. L. 104-92 temporarily amended section by inserting

"All officers and employees of the United States Government or the

District of Columbia government shall be deemed to be performing

services relating to emergencies involving the safety of human life

or the protection of property." after first sentence and by

striking out at end "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". See Effective and

Termination Dates of 1996 Amendment note below.

1990 - Pub. L. 101-508 inserted at end "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."

EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENT

Section 310(a) of Pub. L. 104-92 provided that the amendment made

by that section is for the period Dec. 15, 1995, through Jan. 26,

1996.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1349, 1350, 1351 of this

title; title 2 sections 60a-2, 2166; title 5 sections 568, 583,

595, 3102, 3111, 3161, 5306; title 8 section 1357; title 10

sections 1588, 2166; title 15 sections 636, 2076, 2218; title 18

section 4204; title 19 section 2171; title 20 sections 1402, 5933,

6104, 6651, 9252; title 22 sections 277d-3, 1461b, 2124c, 2509,

5422; title 24 section 422; title 25 section 2012; title 28

sections 677, 995; title 29 sections 783, 2635, 2939; title 30

section 1807; title 33 section 1123; title 36 sections 2113, 2501;

title 42 sections 1314a, 2204, 2204a, 2210, 2295, 2394, 3788, 4343,

5613, 7705c, 9844, 10248, 12651g; title 44 section 2105; title 47

sections 154, 332; title 49 section 106.

-End-

-CITE-

31 USC Sec. 1343 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1343. Buying and leasing passenger motor vehicles and aircraft

-STATUTE-

(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 section 101

of title 5; or

(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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 924.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1343(a) 31:638a(e). July 16, 1914, ch. 141, Sec.

5(a), (b), (e), 38 Stat. 508;

restated Aug. 2, 1946, ch.

744, Sec. 16(a), 60 Stat. 810,

811.

1343(b) 31:638a(a).

1343(c) 31:638a(c)(1). July 16, 1914, ch. 141, Sec.

5(c)(1), 38 Stat. 508; Aug. 2,

1946, ch. 744, Sec. 16(a), 60

Stat. 810; restated Sept. 26,

1970, Pub. L. 91-423, 84 Stat.

879.

1343(d) 31:638a(b).

1343(e) 31:638a-1. July 25, 1975, Pub. L. 94-59,

Sec. 1108, 89 Stat. 300.

31:638d. Mar. 4, 1915, ch. 142, Sec.

10, 38 Stat. 1054.

31:638e. Aug. 11, 1916, ch. 313(last

proviso on p. 491), 39 Stat.

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 "section 101 of title 5" are used because of

section 7(b) of the Act of September 6, 1966 (Pub. L. 89-554, 80

Stat. 631).

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".

MOTOR VEHICLES PURCHASED FOR INTELLIGENCE ACTIVITIES; EXCEPTION

FROM MONETARY LIMITATIONS

Pub. L. 103-139, title VIII, Sec. 8105, Nov. 11, 1993, 107 Stat.

1464, provided that: "During the current fiscal year and

thereafter, monetary limitations on the purchase price of a

passenger motor vehicle shall not apply to vehicles purchased for

intelligence activities conducted pursuant to Executive Order 12333

[50 U.S.C. 401 note] or successor orders."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-396, title IX, Sec. 9038, Oct. 6, 1992, 106 Stat.

1910.

Pub. L. 102-172, title VIII, Sec. 8038, Nov. 26, 1991, 105 Stat.

1180.

Pub. L. 101-511, title VIII, Sec. 8039, Nov. 5, 1990, 104 Stat.

1883.

Pub. L. 101-165, title IX, Sec. 9049, Nov. 21, 1989, 103 Stat.

1139.

Pub. L. 100-463, title VIII, Sec. 8086, Oct. 1, 1988, 102 Stat.

2270-32.

Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8119], Dec. 22,

1987, 101 Stat. 1329-43, 1329-84.

MAXIMUM PURCHASE PRICE OF MOTOR VEHICLES; EXCEPTIONS

Pub. L. 107-67, title VI, Sec. 603, Nov. 12, 2001, 115 Stat. 545,

provided that: "Unless otherwise specifically provided, the maximum

amount allowable during the current fiscal year in accordance with

section 16 of the Act of August 2, 1946 (60 Stat. 810) [31 U.S.C.

1343], for the purchase of any passenger motor vehicle (exclusive

of buses, ambulances, law enforcement, and undercover surveillance

vehicles), is hereby fixed at $8,100 except station wagons for

which the maximum shall be $9,100: Provided, That these limits may

be exceeded by not to exceed $3,700 for police-type vehicles, and

by not to exceed $4,000 for special heavy-duty vehicles: Provided

further, That the limits set forth in this section may not be

exceeded by more than 5 percent for electric or hybrid vehicles

purchased for demonstration under the provisions of the Electric

and Hybrid Vehicle Research, Development, and Demonstration Act of

1976 [15 U.S.C. 2501 et seq.]: Provided further, That the limits

set forth in this section may be exceeded by the incremental cost

of clean alternative fuels vehicles acquired pursuant to Public Law

101-549 [see Tables for classification] over the cost of comparable

conventionally fueled vehicles."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 603], Dec. 21,

2000, 114 Stat. 2763, 2763A-155.

Pub. L. 106-58, title VI, Sec. 603, Sept. 29, 1999, 113 Stat.

466.

Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 604], Oct.

21, 1998, 112 Stat. 2681-480, 2681-513.

Pub. L. 105-61, title VI, Sec. 604, Oct. 10, 1997, 111 Stat.

1308.

Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec.

604], Sept. 30, 1996, 110 Stat. 3009-314, 3009-353.

Pub. L. 104-52, title VI, Sec. 604, Nov. 19, 1995, 109 Stat. 497.

Pub. L. 103-329, title VI, Sec. 604, Sept. 30, 1994, 108 Stat.

2416.

Pub. L. 103-123, title VI, Sec. 604, Oct. 28, 1993, 107 Stat.

1259.

Pub. L. 102-393, title VI, Sec. 605, Oct. 6, 1992, 106 Stat.

1766.

Pub. L. 102-141, title VI, Sec. 605, Oct. 28, 1991, 105 Stat.

868.

Pub. L. 101-509, title VI, Sec. 601, Nov. 5, 1990, 104 Stat.

1470.

Pub. L. 101-136, title VI, Sec. 601, Nov. 3, 1989, 103 Stat. 816.

Pub. L. 100-440, title VI, Sec. 601, Sept. 22, 1988, 102 Stat.

1751.

Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 601], Dec. 22, 1987,

101 Stat. 1329-390, 1329-419.

Pub. L. 99-500, Sec. 101(m) [title VI, Sec. 601], Oct. 18, 1986,

100 Stat. 1783-308, 1783-328, and Pub. L. 99-591, Sec. 101(m)

[title VI, Sec. 601], Oct. 30, 1986, 100 Stat. 3341-308, 3341-328.

Pub. L. 99-190, Sec. 101(h) [H.R. 3036, title VI, Sec. 601], Dec.

19, 1985, 99 Stat. 1291.

Pub. L. 98-473, title I, Sec. 101(j) [H.R. 5798, title VI, Sec.

602], Oct. 12, 1984, 98 Stat. 1963.

Pub. L. 98-151, Sec. 101(f) [H.R. 4139, title VI, Sec. 602], Nov.

14, 1983, 97 Stat. 973.

Pub. L. 97-377, title I, Sec. 101(a) [H.R. 7158, title VI, Sec.

602], Dec. 21, 1982, 96 Stat. 1830.

Pub. L. 97-92, Sec. 101(a) [H.R. 4121, title VI, Sec. 602], Dec.

15, 1981, 95 Stat. 1183.

Pub. L. 96-536, Sec. 113, Dec. 16, 1980, 94 Stat. 3171.

Pub. L. 96-74, title VI, Sec. 601, Sept. 29, 1979, 93 Stat. 573.

Pub. L. 95-429, title VI, Sec. 601, Oct. 10, 1978, 92 Stat. 1015.

Pub. L. 95-81, title VI, Sec. 601, July 31, 1977, 91 Stat. 354.

Pub. L. 94-363, title VI, Sec. 601, July 14, 1976, 90 Stat. 977.

Pub. L. 94-91, title VI, Sec. 601, Aug. 9, 1975, 89 Stat. 458.

Pub. L. 93-381, title VI, Sec. 601, Aug. 21, 1974, 88 Stat. 630.

Pub. L. 93-143, title VI, Sec. 601, Oct. 30, 1973, 87 Stat. 524.

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

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

Pub. L. 91-439, title V, Sec. 501, Oct. 7, 1970, 84 Stat. 902.

Pub. L. 91-144, title V, Sec. 501, Dec. 11, 1969, 83 Stat. 336.

Pub. L. 90-479, title V, Sec. 501, Aug. 12, 1968, 82 Stat. 717.

Pub. L. 90-147, title V, Sec. 501, Nov. 20, 1967, 81 Stat. 482.

Pub. L. 89-689, title V, Sec. 501, Oct. 15, 1966, 80 Stat. 1014.

Pub. L. 89-299, title V, Sec. 501, Oct. 28, 1965, 79 Stat. 1108.

Pub. L. 88-511, title V, Sec. 501, Aug. 30, 1964, 78 Stat. 693.

Pub. L. 88-257, title V, Sec. 501, Dec. 31, 1963, 77 Stat. 855.

Pub. L. 87-880, title V, Sec. 501, Oct. 24, 1962, 76 Stat. 1227.

Pub. L. 87-125, title V, Sec. 501, Aug. 3, 1961, 75 Stat. 282.

Pub. L. 86-642, title II, Sec. 201, July 12, 1960, 74 Stat. 476.

Pub. L. 86-79, title II, Sec. 201, July 8, 1959, 73 Stat. 165.

Pub. L. 85-468, title II, Sec. 201, June 25, 1958, 72 Stat. 224.

Pub. L. 85-48, title II, Sec. 201, June 5, 1957, 71 Stat. 53.

June 13, 1956, ch. 385, title II, Sec. 201, 70 Stat. 279.

June 29, 1955, ch. 226, title II, Sec. 201, 69 Stat. 195.

Aug. 26, 1954, ch. 935, Ch. XIII, Sec. 1301, 68 Stat. 828.

Aug. 7, 1953, ch. 340, Ch. XIII, Sec. 1301, 67 Stat. 435.

July 15, 1952, ch. 758, Ch. XIV, Sec. 1401, 66 Stat. 659.

Nov. 1, 1951, ch. 664, Ch. XIII, Sec. 1301, 65 Stat. 755.

Sept. 6, 1950, ch. 896, Ch. XII, Sec. 1201, 64 Stat. 763.

Aug. 24, 1949, ch. 506, title III, Sec. 301, 63 Stat. 661.

Apr. 20, 1948, ch. 219, title II, Sec. 201, 62 Stat. 193.

July 30, 1947, ch. 359, title II, Sec. 201, 61 Stat. 608.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 3374, 3704; title

22 sections 2514, 3622; title 33 section 576a; title 40 section

611.

-End-

-CITE-

31 USC Sec. 1344 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1344. Passenger carrier use

-STATUTE-

(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,

is transportation for an official purpose, when approved in writing

by the head of the Federal agency.

(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 section 5312 of title 5; and

(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, and the

Administrator of the Drug Enforcement 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 section 3056(a) of title 18 or

for whom transportation is authorized pursuant to section 28 of the

State Department Basic Authorities Act of 1956, section 2637 of

title 10, or section 8(a)(1) of the Central Intelligence Agency Act

of 1949.

(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) 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 (as such term is defined in section 18 of

the Act of August 2, 1946 (41 U.S.C. 5a));

(B) an Executive department (as such term is defined in

section 101 of title 5);

(C) a military department (as such term is defined in section

102 of title 5);

(D) a Government corporation (as such term is defined in

section 103(1) of title 5);

(E) a Government controlled corporation (as such term is

defined in section 103(2) of title 5);

(F) a mixed-ownership Government corporation (as such term is

defined in section 9101(2) of this title);

(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)

(!1) 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.

(h) Notwithstanding section 410(a) of title 39, this section

applies to the United States Postal Service.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 924; Pub. L. 99-550, Sec.

1(a), Oct. 27, 1986, 100 Stat. 3067; Pub. L. 100-180, div. A, title

XIII, Sec. 1314(d)(2), Dec. 4, 1987, 101 Stat. 1176; Pub. L.

100-202, Sec. 101(a) [title IV, Sec. 407], Dec. 22, 1987, 101 Stat.

1329, 1329-26; Pub. L. 101-510, div. A, title III, Sec. 326(b),

Nov. 5, 1990, 104 Stat. 1531; Pub. L. 103-272, Sec. 4(f)(2), July

5, 1994, 108 Stat. 1363; Pub. L. 104-91, title I, Sec. 101(a), Jan.

6, 1996, 110 Stat. 11, amended Pub. L. 104-99, title II, Sec. 211,

Jan. 26, 1996, 110 Stat. 37.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1344(a) 31:638a(c)(2)(1st July 16, 1914, ch. 141, Sec.

sentence). 5(c)(2)(1st, last sentences),

38 Stat. 508; restated Aug. 2,

1946, ch. 744, Sec. 16(a), 60

Stat. 810.

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 "section 101 of title 5" are used

because of section 7(b) of the Act of September 6, 1966 (Pub. L.

89-554, 80 Stat. 631).

In subsection (b)(3), the words "ambassadors, ministers, charges

d'affaires" are omitted as being included in "principal diplomatic

and consular officials".

-REFTEXT-

REFERENCES IN TEXT

Section 28 of the State Department Basic Authorities Act of 1956,

referred to in subsec. (c), is classified to section 2700 of Title

22, Foreign Relations and Intercourse.

Section 8(a)(1) of the Central Intelligence Agency Act of 1949,

referred to in subsec. (c), is classified to section 403j(a)(1) of

Title 50, War and National Defense.

Subsection (b)(2)(B) of this section, referred to in subsec.

(d)(3), (4), was redesignated subsec. (b)(3)(B) by Pub. L. 100-202.

See 1987 Amendment note below.

Section 3502 of title 44, referred to in subsec. (g)(2)(H), which

in par. (10) defined "independent regulatory agency", was omitted

in the general amendment of chapter 35 of Title 44, Public Printing

and Documents, by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat.

163. Pub. L. 104-13 enacted a new section 3502 of Title 44 which

also defines "independent regulatory agency".

-COD-

CODIFICATION

Amendment by Pub. L. 104-91 is based on section 118 of H.R. 2076,

One Hundred Fourth Congress, as passed by the House of

Representatives on Dec. 6, 1995, which was enacted into law by Pub.

L. 104-91.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(6). Pub. L. 104-91, as amended by Pub. L.

104-99, amended par. (6) generally. Prior to amendment, par. (6)

read as follows: "the Director of the Central Intelligence Agency

and the Director of the Federal Bureau of Investigation;".

1994 - Subsecs. (b), (d), (e). Pub. L. 103-272 amended Pub. L.

100-202. See 1987 Amendment notes below.

1990 - Subsec. (c). Pub. L. 101-510 inserted ", section 2637 of

title 10," after "Act of 1956".

1987 - Subsec. (b). Pub. L. 100-202, Sec. 101(a) [title IV, Sec.

407(1)], as amended by Pub. L. 103-272, added cl. (2), redesignated

former cl. (2) as (3) and in subcl. (B) substituted "subclause (A)

of this clause" for "subparagraph (A) of this paragraph",

redesignated former cls. (3) to (8) as (4) to (9), respectively,

and in last sentence substituted "clause (9)" for "paragraph (8)".

Subsec. (b)(4). Pub. L. 100-180 inserted "the members and Vice

Chairman of" before "the Joint Chiefs of Staff".

Subsec. (d)(1), (2). Pub. L. 100-202, Sec. 101(a) [title IV, Sec.

407(2)(A)], as amended by Pub. L. 103-272, substituted "subsection

(b)(9) of this section" for "paragraph (8) of subsection (b)".

Subsec. (d)(3). Pub. L. 100-202, Sec. 101(a) [title IV, Sec.

407(2)(B)], as amended by Pub. L. 103-272, substituted "subsections

(a)(2) and (b)(3)(B) and (9)" for "subsections (a)(2), (b)(2)(B),

and (b)(8)" and "subsection (b)(9)" for "subsection (b)(8)".

Subsec. (d)(4). Pub. L. 100-202, Sec. 101(a) [title IV, Sec.

407(2)(C)], as amended by Pub. L. 103-272, substituted "subsection

(b)(1), (3)(B), and (9) of this section" and "subsection (b)(9),

and the expected duration of any authorization under subsection

(b)(9)" for "paragraphs (1), (2)(B), and (8) of subsection (b)" and

"paragraph (8) of subsection (b), and the expected duration of any

authorization under such paragraph", respectively.

Subsec. (e)(1). Pub. L. 100-202, Sec. 101(a) [title IV, Sec.

407(3)], as amended by Pub. L. 103-272, substituted "(b)(9)" for

"(b)(8)".

1986 - Pub. L. 99-550 substituted "carrier" for "motor vehicle

and aircraft" in section catchline and amended text generally.

Prior to amendment, text read as follows:

"(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 section 101

of title 5; or

"(3) principal diplomatic and consular officials."

-CHANGE-

CHANGE OF NAME

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 Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC3-

EFFECTIVE DATE OF 1994 AMENDMENT

Section 4(f)(2) of Pub. L. 103-272 provided that the amendment

made by that section is effective Dec. 22, 1987.

-TRANS-

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

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC4-

USE OF GOVERNMENT VEHICLES

Pub. L. 101-194, title V, Sec. 503, Nov. 30, 1989, 103 Stat.

1755, as amended by Pub. L. 101-280, Sec. 6(b), May 4, 1990, 104

Stat. 160, provided that: "Notwithstanding any other provision of

law, the head of each department, agency, or other entity of each

branch of the Government may prescribe by rule appropriate

conditions for the incidental use, for other than official

business, of vehicles owned or leased by the Government. Such use

with respect to vehicles owned or leased by, or the cost of which

is reimbursed by, the House of Representatives or the Senate shall

be only as prescribed by rule of the House of Representatives or

the Senate, as applicable."

USE OF OFFICIAL VEHICLES OF HOUSE OF REPRESENTATIVES

Pub. L. 101-194, title VIII, Sec. 802(d), Nov. 30, 1989, 103

Stat. 1773, as amended by Pub. L. 104-186, title II, Sec. 219(a),

Aug. 20, 1996, 110 Stat. 1747, provided that: "The Committee on

House Oversight [now Committee on House Administration] of the

House of Representatives shall take such action as may be necessary

to carry out section 503 [set out above] with respect to vehicles

of the House of Representatives."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1349 of this title; title

5 sections 3374, 3704; title 15 section 278e; title 22 section

3622; title 40 section 611.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

31 USC Sec. 1345 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1345. Expenses of meetings

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1345 31:551. Feb. 2, 1935, ch. 4, 49 Stat.

19.

31:552. June 17, 1935, ch. 271, 49

Stat. 387.

--------------------------------------------------------------------

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.

AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF ATTENDING MEETINGS

Pub. L. 102-394, title V, Sec. 505, Oct. 6, 1992, 106 Stat. 1825,

provided that: "Appropriations contained in this Act or subsequent

Departments of Labor, Health and Human Services, and Education, and

Related Agencies Appropriations Acts, available for salaries and

expenses, shall be available for expenses of attendance at meetings

which are concerned with the functions or activities for which the

appropriation is made or which will contribute to improved conduct,

supervision, or management of those functions or activities."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-170, title V, Sec. 505, Nov. 26, 1991, 105 Stat.

1141.

Pub. L. 101-517, title V, Sec. 505, Nov. 5, 1990, 104 Stat. 2221.

Pub. L. 101-166, title V, Sec. 505, Nov. 21, 1989, 103 Stat.

1189.

Pub. L. 100-202, Sec. 101(h) [title V, Sec. 505], Dec. 22, 1987,

101 Stat. 1329-256, 1329-287.

Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title V, Sec. 505], Oct.

18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.

5233, title V, Sec. 505], Oct. 30, 1986, 100 Stat. 3341-287.

Pub. L. 99-178, title V, Sec. 505, Dec. 12, 1985, 99 Stat. 1132.

Pub. L. 98-619, title V, Sec. 505, Nov. 8, 1984, 98 Stat. 3333.

Pub. L. 98-139, title V, Sec. 505, Oct. 31, 1983, 97 Stat. 899.

Pub. L. 97-377, title I, Sec. 101(e)(1) [title V, Sec. 505], Dec.

21, 1982, 96 Stat. 1878, 1904.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 2065; title 5

section 6327; title 22 section 290f; title 40 section 590; title 42

section 3788.

-End-

-CITE-

31 USC Sec. 1346 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1346. Commissions, councils, boards, and interagency and

similar groups

-STATUTE-

(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 section 1347 of this title, this section does not

apply 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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1346(a) 31:672(1st sentence R.S. Sec. 3681.

less words between

4th and 5th commas).

31:673(less words Mar. 4, 1909, ch. 299, Sec. 9,

between 11th comma 35 Stat. 1027.

and semicolon).

1346(b) 31:691. May 3, 1945, ch. 106, Sec.

214, 59 Stat. 134.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 1128; title 22

sections 2396, 2456, 2514.

-End-

-CITE-

31 USC Sec. 1347 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1347. Appropriations or authorizations required for agencies

in existence for more than one year

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 925.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1347(a) 31:696(1st, 2d June 27, 1944, ch. 286, Sec.

sentences). 213, 58 Stat. 387.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1346 of this title.

-End-

-CITE-

31 USC Sec. 1348 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1348. Telephone installation and charges

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926; Pub. L. 98-407,

title VIII, Sec. 811(a), Aug. 28, 1984, 98 Stat. 1523; Pub. L.

104-201, div. A, title XVII, Sec. 1721, Sept. 23, 1996, 110 Stat.

2758.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1348(a)( 31:679(words before Aug. 23, 1912, ch. 350, Sec.

1) 2d comma). 7(less proviso), 37 Stat. 414.

1348(a)( 31:679(proviso). Aug. 23, 1912, ch. 350, 37

2) Stat. 360, Sec. 7(proviso);

added Apr. 30, 1940, ch. 175,

54 Stat. 175.

1348(b) 31:679(words

between 2d comma

and proviso).

31:680a. May 10, 1939, ch. 119, Sec. 4,

53 Stat. 738.

1348(c) 31:680. Sept. 22, 1922, ch. 427, Sec.

7, 42 Stat. 1042; May 17,

1950, ch. 188, Sec. 203, 64

Stat. 170; restated June 28,

1955, ch. 198, 69 Stat. 188.

--------------------------------------------------------------------

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 section 679 of this title, or any other law

prohibiting the expenditure of public money . . . shall not be

construed to apply to or forbid" are omitted as unnecessary because

of the restatement.

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-201, Sec. 1721(1), struck out

at end "Subsection (b) of this section applies to long-distance

calls made on those telephones."

Subsecs. (b) to (d). Pub. L. 104-201, Sec. 1721(2), (3),

redesignated subsecs. (c) and (d) as (b) and (c), respectively, and

struck out former subsec. (b) which read as follows:

"Appropriations of an agency are available to pay charges for a

long-distance call if required for official business and the

voucher to pay for the call is sworn to by the head of the agency.

Appropriations of an executive agency are available only if the

head of the agency also certifies that the call is necessary in the

interest of the Government."

1984 - Subsec. (d). Pub. L. 98-407 added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 811(b) of Pub. L. 98-407 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

as of January 1, 1984. Funds appropriated to the Department of

Defense may be used to reimburse persons for expenditures made

after December 31, 1983, for the installation, repair, and

maintenance of telephone wiring in any Government-owned or leased

housing unit before the date of the enactment of this Act [Aug. 28,

1984]."

EMPLOYEES AUTHORIZED TO WORK AT HOME

Pub. L. 104-52, title VI, Sec. 620, Nov. 19, 1995, 109 Stat. 501,

provided that: "Notwithstanding any provisions of this or any other

Act, during the fiscal year ending September 30, 1996, and

hereafter, any department, division, bureau, or office may use

funds appropriated by this or any other Act to install telephone

lines, and necessary equipment, and to pay monthly charges, in any

private residence or private apartment of an employee who has been

authorized to work at home in accordance with guidelines issued by

the Office of Personnel Management: Provided, That the head of the

department, division, bureau, or office certifies that adequate

safeguards against private misuse exist, and that the service is

necessary for direct support of the agency's mission."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1588; title 16

section 580f; title 22 section 287e.

-End-

-CITE-

31 USC Sec. 1349 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1349. Adverse personnel actions

-STATUTE-

(a) An officer or employee of the United States Government or of

the District of Columbia government violating section 1341(a) or

1342 of this title shall be subject to appropriate administrative

discipline including, when circumstances warrant, suspension from

duty without pay or removal from office.

(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 section 1344 of this title) or otherwise violates section 1344

shall be suspended without pay by the head of the agency. The

officer or employee shall be suspended for at least one month, and

when circumstances warrant, for a longer period or summarily

removed from office.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1349(a) 31:665(i)(1)(words R.S. Sec. 3679(i)(1)(words

before semicolon before semicolon related to

related to (a), (a), (b)); Mar. 3, 1905, ch.

(b)). 1484, Sec. 4(1st par.), 33

Stat. 1257; Feb. 27, 1906, ch.

510, Sec. 3, 34 Stat. 48;

restated Sept. 6, 1950, ch.

896, Sec. 1211, 64 Stat. 768.

1349(b) 31:638a(c)(2)(2d July 16, 1914, ch. 141, Sec.

sentence). 5(c)(2)(2d sentence), 38 Stat.

508; restated Aug. 2, 1946,

ch. 744, Sec. 16(a), 60 Stat.

810.

--------------------------------------------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 60a-2; title 5

sections 3374, 3704, 5306; title 22 sections 277d-3, 1461b, 3622;

title 40 section 611; title 42 sections 2204, 2204a, 2210, 2295,

2394.

-End-

-CITE-

31 USC Sec. 1350 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1350. Criminal penalty

-STATUTE-

An officer or employee of the United States Government or of the

District of Columbia government knowingly and willfully violating

section 1341(a) or 1342 of this title shall be fined not more than

$5,000, imprisoned for not more than 2 years, or both.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1350 31:665(i)(1)(words R.S. Sec. 3679(i)(1)(words

after semicolon after semicolon related to

related to (a), (a), (b)); Mar. 3, 1905, ch.

(b)). 1484, Sec. 4(1st par.), 33

Stat. 1257; Feb. 27, 1906, ch.

510, Sec. 3, 34 Stat. 48;

restated Sept. 6, 1950, ch.

896, Sec. 1211, 64 Stat. 768.

--------------------------------------------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 60a-2; title 5

section 5306; title 22 sections 277d-3, 1461b; title 42 sections

2204, 2204a, 2210, 2295, 2394.

-End-

-CITE-

31 USC Sec. 1351 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1351. Reports on violations

-STATUTE-

If an officer or employee of an executive agency or an officer or

employee of the District of Columbia government violates section

1341(a) or 1342 of this title, the head of the 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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 926.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1351 31:665(i)(2)( R.S. Sec. 3679(i)(2)(related

related to (a), to (a), (b)); Mar. 3, 1905,

(b)). ch. 1404, Sec. 4(1st par.), 33

Stat. 1257; Feb. 27, 1906, ch.

510, Sec. 3, 34 Stat. 48;

restated Sept. 6, 1950, ch.

896, Sec. 1211, 64 Stat. 768.

--------------------------------------------------------------------

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, 81 Stat.

948) and sections 421, 422, and 771 of the District of Columbia

Self-Government and Governmental Reorganization Act (Pub. L.

93-198, 87 Stat. 789, 818). The word "President" is substituted for

"President, through the 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, 84 Stat. 2085) designated the Bureau

of the Budget as the Office of Management and Budget and

transferred all functions of the Bureau to the President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 60a-2; title 5

section 5306; title 22 sections 277d-3, 1461b; title 42 sections

2204, 2204a, 2210, 2295, 2394.

-End-

-CITE-

31 USC Sec. 1352 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1352. Limitation on use of appropriated funds to influence

certain Federal contracting and financial transactions

-STATUTE-

(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 section 552(f) of title 5, and includes a Government

corporation, as defined in section 9101(1) of this title.

(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 (25 U.S.C. 450b).

-SOURCE-

(Added Pub. L. 101-121, title III, Sec. 319(a)(1), Oct. 23, 1989,

103 Stat. 750; amended Pub. L. 101-512, title III, Sec. 320, Nov.

5, 1990, 104 Stat. 1977; Pub. L. 103-272, Sec. 4(f)(1)(F), July 5,

1994, 108 Stat. 1362; Pub. L. 104-65, Sec. 10, Dec. 19, 1995, 109

Stat. 700; Pub. L. 104-66, title III, Sec. 3001(b), Dec. 21, 1995,

109 Stat. 734; Pub. L. 104-106, div. A, title X, Sec. 1064(c), div.

D, title XLIII, Sec. 4301(a)(2), Feb. 10, 1996, 110 Stat. 445,

656.)

-REFTEXT-

REFERENCES IN TEXT

The Lobbying Disclosure Act of 1995, referred to in subsec.

(b)(2)(A), (3), is Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691,

which is classified principally to chapter 26 (Sec. 1601 et seq.)

of Title 2, The Congress. For complete classification of this Act

to the Code, see Short Title note set out under section 1601 of

Title 2 and Tables.

-COD-

CODIFICATION

Another section 1352 was renumbered section 1353 of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-106, Sec. 4301(a)(2), which

directed amendment of par. (2) by inserting "and" after the

semicolon at the end of subpar. (A) and by striking out subpar.

(C), was not executed because subsec. (b)(2) did not contain a

subpar. (C) subsequent to amendment by Pub. L. 104-65, Sec.

10(a)(1). See 1995 Amendment note below.

Subsec. (b)(6)(A). Pub. L. 104-106, Sec. 1064(c)(1), which

directed insertion of "(other than the Secretary of Defense and

Secretary of a military department)" after "The head of each

agency", could not be executed because subsec. (b)(6) did not

contain a subpar. (A) subsequent to amendment by Pub. L. 104-65,

Sec. 10(a)(3). See 1995 Amendment note below.

Subsec. (d)(1). Pub. L. 104-106, Sec. 1064(c)(2), which directed

the insertion of "(other than in the case of the Department of

Defense or a military department)" after "paragraph (3) of this

subsection", could not be executed because subsec. (d)(1) did not

contain phrase "paragraph (3) of this subsection" subsequent to

amendment by Pub. L. 104-65, Sec. 10(b). See 1995 Amendment note

below.

1995 - Subsec. (b)(2). Pub. L. 104-65, Sec. 10(a)(1), added

subpars. (A) and (B) and struck out former subpars. (A) to (C)

which read as follows:

"(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). Pub. L. 104-65, Sec. 10(a)(2), substituted "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." for

"shall contain - " and struck out subpars. (A) and (B) which read

as follows:

"(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). Pub. L. 104-65, Sec. 10(a)(3), redesignated

par. (7) as (6), and struck out former par. (6) which directed head

of each agency to collect and compile detailed information on any

unappropriated payments under Federal contracts, and report such

information to the appropriate congressional officer or committee.

Subsecs. (d) to (h). Pub. L. 104-65, Sec. 10(b), and Pub. L.

104-66, Sec. 3001(b), amended section identically, redesignating

subsecs. (e) to (h) as (d) to (g), respectively, and striking out

former subsec. (d) which directed the Inspector General or official

of each agency to submit annual reports to Congress on the

compliance of each agency with the requirements imposed by this

section.

1994 - Subsec. (c). Pub. L. 103-272, Sec. 4(f)(1)(F)(i),

substituted "(c)(1) Any person" for "(C)(1) Any person".

Subsec. (e)(1)(C). Pub. L. 103-272, Sec. 4(f)(1)(F)(ii),

substituted "appropriated" for "appropirated" and inserted period

at end.

Subsec. (h)(7). Pub. L. 103-272, Sec. 4(f)(1)(F)(iii), inserted

periods after "agency" and "guaranty".

1990 - Subsec. (e)(2)(C). Pub. L. 101-512 inserted "or the single

family maximum mortgage limit for affected programs, whichever is

greater," after "$150,000,".

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L.

104-106, see section 4401 of Pub. L. 104-106, set out as a note

under section 251 of Title 41, Public Contracts.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as

otherwise provided, see section 24 of Pub. L. 104-65, set out as an

Effective Date note under section 1601 of Title 2, The Congress.

EFFECTIVE DATE

Section 319(d) of Pub. L. 101-121 provided that: "Section 1352 of

title 31, United States Code (as added by subsection (a)), shall

take effect with respect to Federal contracts, grants, loans,

cooperative agreements, loan insurance commitments, and loan

guaranty commitments that are entered into or made more than 60

days after the date of the enactment of this Act [Oct. 23, 1989]."

FIRST REPORT ON MAY 31, 1990; CONTENT

Section 319(b) of Pub. L. 101-121 provided that the first report

submitted under former subsec. (b)(6) of this section was to be

submitted on May 31, 1990, and was to contain a compilation

relating to the statements received under subsec. (b) of this

section during the six-month period beginning on Oct. 1, 1989.

NOTIFICATION OF COMPLIANCE DATE; GUIDANCE FOR AGENCY IMPLEMENTATION

Section 319(c) of Pub. L. 101-121 provided that: "The Director of

the Office of Management and Budget shall notify the head of each

agency that section 1352 of title 31, United States Code (as added

by subsection (a)), is to be complied with commencing 60 days after

the date of the enactment of this Act [Oct. 23, 1989]. Not later

than 60 days after the date of the enactment of this Act, the

Director of the Office of Management and Budget shall issue the

guidance required by subsection (b)(7) [now (b)(6)] of such

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 4707; title 18

section 1913.

-End-

-CITE-

31 USC Sec. 1353 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1353. Acceptance of travel and related expenses from

non-Federal sources

-STATUTE-

(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 section 4111 or 7342 of

title 5, an agency or employee may not accept payment for expenses

referred to in subsection (a). An employee who accepts any payment

in violation of the preceding sentence -

(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 section 105 of title 5); and

(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

section 3109 of title 5; and

(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.

-SOURCE-

(Added Pub. L. 101-194, title III, Sec. 302(a), Nov. 30, 1989, 103

Stat. 1745, Sec. 1352; renumbered Sec. 1353 and amended Pub. L.

101-280, Sec. 4(b)(1), (c), May 4, 1990, 104 Stat. 157, 158.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-280, Sec. 4(b)(1), renumbered section 1352 of

this title as this section.

Subsec. (a). Pub. L. 101-280, Sec. 4(c)(1), substituted "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," for "or employee in the executive branch

may accept payment".

Subsec. (b). Pub. L. 101-280, Sec. 4(c)(2)(A), inserted "or 7342"

after "section 4111".

Subsec. (b)(2). Pub. L. 101-280, Sec. 4(c)(2)(B), substituted

"(1)," for "(1)".

Subsec. (c)(1). Pub. L. 101-280, Sec. 4(c)(3), substituted "all

executive agencies" for "any executive agency".

-End-

-CITE-

31 USC Sec. 1354 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 13 - APPROPRIATIONS

SUBCHAPTER III - LIMITATIONS, EXCEPTIONS, AND PENALTIES

-HEAD-

Sec. 1354. Limitation on use of appropriated funds for contracts

with entities not meeting veterans' employment reporting

requirements

-STATUTE-

(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 section 4212(a) of title 38 with a contractor

from which a report was required under section 4212(d) of that

title with respect to the preceding fiscal year if such contractor

did not submit such report.

(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).

-SOURCE-

(Added Pub. L. 105-339, Sec. 7(b)(1), Oct. 31, 1998, 112 Stat.

3189.)

-End-