Legislación
US (United States) Code. Title 31. Subtitle II: The Budget process. Chapter 13: Appropriations
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31 USC CHAPTER 13 - APPROPRIATIONS 01/06/03
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TITLE 31 - MONEY AND FINANCE
SUBTITLE II - THE BUDGET PROCESS
CHAPTER 13 - APPROPRIATIONS
-HEAD-
CHAPTER 13 - APPROPRIATIONS
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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.
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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
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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.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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.
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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.
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31 USC Sec. 1302 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. 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.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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1302 31:670. May 28, 1896, ch. 252, Sec.
1(par. immediately before
heading "Treasury
Department"), 29 Stat. 148.
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The words "by adding up" are substituted for "by the correct
footing up" for clarity.
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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.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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1303 31:581(note). Sept. 12, 1950, ch. 946, Sec.
302(b), 64 Stat. 844.
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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.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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)
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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.
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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
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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-
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31 USC Sec. 1306 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. 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
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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